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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Act Governing Issuance of Police Criminal Record Certificates CH
Amended Date: 2013-01-16
Category: Ministry of the Interior(內政部)
Article 1
This Act is enacted to regulate the application process and issuance of police criminal record certificates.
Article 2
The competent authority of this Act is the Ministry of the Interior.
Article 3
The "police criminal record certificates" referred to in this Act mean the record certificates issued by police agencies based on the data from the sentencing and execution of criminal cases by judicial or military judicial authorities.
Article 4
Persons currently or previously domiciled in the Taiwan Area or who have residence or visitor records in the Taiwan Area may submit the following documents to city or county police departments to apply for police criminal record certificates:
1. Application form
2. Identification documents
When the applicant referred to in the preceding paragraph is a minor, the application shall be submitted by the minor’s legal representative. For applications submitted by representatives, the applicant's power of attorney documentation should be submitted at the same time.
Article 5
The county (city) police bureau (department) shall issue a police criminal record certificate within 3 working days starting from the next day after receipt of the application mentioned in the preceding article, unless it is necessary to seek additional information from relevant judicial or military judicial authorities.
Article 6
Police criminal record certificates shall be made in writing, and shall explicitly indicate whether a criminal record exists. However, records relating to the circumstances cited in the following subparagraphs shall not be included:
1. Paragraph 1 of Article 83-1 of the Juvenile Delinquency Act is applicable to the applicant’s offense.
2. The applicant is under probation that has not been revoked.
3. The applicant was sentenced to short-term imprisonment or was fined.
4. The applicant was exempted from punishment.
5. The applicant was exempted from serving the sentence.
6. The penalty has been abolished by law.
7. The applicant has not been sentenced to another prison term within five years after being fined or completing community service in accordance with the provisions of Paragraph 2 of Article 41 of the Criminal Law.
Article 7
If an applicant disagrees with the contents of a police criminal record certificate, he(she) may submit written documents to the issuing police department for verification. If the verification process shows that the contents of the police criminal record certificate do not correspond with the facts, the certificate shall be corrected; if it is found that the contents correspond with the facts, the applicant shall be notified that no revision shall be made.
Article 8
An applicant's police criminal record certificate will not be issued if:
1. He/she is wanted for arrest and the warrant for apprehension has not been revoked;
2. The criminal case in which the judgment has been finalized has not yet been executed or is in the process of execution.
The applicant will be informed in writing as to the reason why a police criminal record certificate cannot be issued.
After receiving of notice referred to in the preceding paragraph, the applicant may appeal by submitting written documents to the issuing police department.
After accepting the appeal, the police department shall immediately conduct an investigation. If the appeal is justified, the police criminal record certificate shall be issued. If the appeal is groundless, the applicant shall be notified that the appeal was rejected.
Article 9
The county (city) police bureau (department) shall charge a fee for issuing a police criminal record certificate, with the amount determined by the competent authority.
Article 10
Application forms required by this Act shall be approved by the competent authority.
Article 11
This Act will take effect from the date of promulgation.
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