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

Print Time:2024/11/24 08:44
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Chapter Law Content

Chapter 1 General Principles
Article 1
Unless otherwise provided in other laws, rehabilitative disposition execution shall be governed by this Act.
Article 2
Places of rehabilitative disposition execution are as follows:
1. Places for reformatory education and compulsory work; and
2. Places for custody, abstention, and compulsory treatment.
The places of rehabilitative disposition execution as referred to in the preceding paragraph shall be established by the Ministry of Justice. If necessary, the Ministry may request the Executive Yuan to coordinate with relevant central competent authorities to establish such places, or appoint, entrust or mandate other agency (institution) to establish or handle such places.
The enforcement of rehabilitative disposition execution shall be directed and supervised by the Ministry of justice.
Article 3
The Ministry of Justice shall dispatch personnel to inspect the places of rehabilitative disposition execution at least once a year and may authorize the prosecutors office of each High Court to dispatch personnel for inspection at any time.
Prosecutors shall inspect the execution of rehabilitative disposition at any time. If there is anything needed to be improved, the prosecutors may give suggestions and may report to the Ministry of Justice as a special case.
Article 4
Rehabilitative disposition execution shall be done in accordance with judgments.
With regard to those who are subject to custody, abstention, and compulsory treatment, when deemed necessary, the court may declare rehabilitative disposition prior to the judgment.
With regard to those who are subject to custody, abstention, and compulsory treatment, if deemed necessary to implement rehabilitative disposition during the investigation, the prosecutor may also apply to the court for rulings.
With regard to the rulings referred to in the preceding two paragraphs, a charge may be filed within five (5) days after the ruling is served.
A charge shall not have the effect to stop the execution. However, the original court and the court of motion against rulings may both cease the execution with rulings.
Article 4-1
Those who are sentenced to multiple rehabilitative dispositions shall be executed as follows:
1. With regard to multiple reformatory educations, if the dispositions have the same duration, one of which shall be executed; if with different durations, the longest one shall be executed; if one disposition has an uncertain duration, it shall be executed.
2. With regard to multiple custodies sentenced for the same reason, if the dispositions have the same duration, one of which shall be executed; or if with different durations, the longest one shall be executed. With regard to multiple custodies sentenced for different reasons, the most suitable disposition shall be executed; if the purpose cannot be achieved unless all of the dispositions are executed, such dispositions may be separately or simultaneously executed.
3. With regard to multiple abstentions sentenced for the same reason, if the dispositions have the same duration, one of which shall be executed or if with different durations, the longest one shall be executed. With regard to multiple abstentions sentenced for different reasons, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
4. With regard to multiple compulsory works, the provisions of Subparagraph 1 shall be followed.
5. With those that are sentenced to the compulsory work in addition to the reformatory education, only the compulsory work shall be executed.
6. With regard to multiple probation with the same duration, one of which shall be executed; or if with different durations, the longest one shall be executed. However, if additionally sentenced to probation during the probation or parole, the dispositions shall be simultaneously executed.
7. With those that are sentenced to the reformatory education or compulsory work in addition to the probation, only the reformatory education or compulsory work shall be executed.
8. With regard to multiple compulsory treatments sentenced for the same reason, one of which shall be executed. With regard to multiple compulsory treatments sentenced for different reasons, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
9. With those that are sentenced to the abstention or compulsory treatment in addition to the custody, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
10. With those that are sentenced to the reformatory education or compulsory work in addition to the abstention, custody, or compulsory treatment, the custody, abstention, or compulsory treatment shall be executed first. However, if the enforcement of the reformatory education or compulsory work is not interfered, the dispositions shall be executed simultaneously.
11. With regard to multiple rehabilitative dispositions, if one of which is deportation, only such a disposition of deportation shall be executed.
After the rehabilitative disposition is executed and before the enforcement is complete, if the same disposition is declared, the original disposition shall be executed continuously. However, if the court prosecutor of the said disposition deems the latter disposition appropriate, he/she may apply to the court for rulings to enforce the latter rehabilitative disposition.
Dispositions executed in accordance with the preceding two paragraphs, which are supposed to be prior to the execution of punishment, shall be executed prior to the execution of punishment. Those that are supposed to be after the execution of punishment or pardon shall be executed after the execution of punishment or pardon.
Article 5
With regard to the rehabilitative disposition execution, the prosecutor shall order the judiciary police or judiciary police officers to deliver the person under imprisonment along with the written judgment and required documents to the rehabilitative disposition place.
Except for reformatory education, Article 469 of the Code of Criminal Procedure shall apply mutatis mutandis with respect to the rehabilitative disposition execution.
Article 6
After the inspection, with those persons executed that suffer from acute contagions or major illnesses, the prosecutor may not order the delivery and shall, based on the situation, deliver those persons to a hospital for treatment or commit the custody to a relevant person. However, if it is found that the body of the person under imprisonment is deformed, disabilities, or has chronic illness, so that he/she is not suitable for compulsory work, the prosecutor may apply to the court for rulings to exempt the execution of the disposition.
The forepart of the preceding paragraph shall apply mutatis mutandis with regard to those that are pregnant for more than five (5) months or have given birth less than two (2) months ago.
Article 7
Rehabilitative disposition places may refuse to execute, when the person under imprisonment is under the circumstances referred to in the preceding article.
However, the rehabilitative disposition places shall deliver the person to a hospital for treatment or commit the custody to a relevant person and shall also inform the prosecutor.
Article 8
When the person under imprisonment enters the rehabilitative disposition place, the written judgment and required documents shall be examined. When the documents are incomplete, the prosecutor may be informed to make supplementary delivery.
Article 9
When the person under imprisonment enters the rehabilitative disposition place, his personal relationships, reasons for the crime, aptitude and behavior, motivation, circumstances, academic files, experience, physical and mental conditions, and other affairs as the reference for the rehabilitative disposition shall be investigated. The person under imprisonment shall also be ordered to leave his/her fingerprints or have his/her photo taken as identification.
With respect to the investigation referred to in the preceding paragraph, the rehabilitative disposition place may request agencies, organizations, or individuals to submit reports.
Article 10
With those that are sentenced to reformatory education or compulsory work, in order to encourage them to improve themselves, they shall be graded and handled with the progressive treatment.
Article 11
When the person under imprisonment enters the rehabilitative disposition place, his body and the belongings taken along shall immediately be inspected.
Where the belongings referred to in the preceding paragraph need to be put under the custody, the rehabilitative disposition place shall register the said belongings and keep them. Except when the person has justified cause, he/she may use the whole or partial belongings. The belongings shall be returned to the person under imprisonment when the execution is complete. Where the belongings are not suitable to be put under the custody, his/her family members shall be informed to collect them. If the belongings are not collected, they may be confiscated or discarded.
Belongings that are sent by the person outside of the rehabilitative disposition place shall be subject to the preceding two paragraphs.
Article 12
When the person under imprisonment is deceased, his/her closest relatives or family members, or other entitled persons shall be informed to collect the belongings left behind. If the belongings are not collected after one (1) year from the day the person under imprisonment is deceased, they shall be confiscated by the National Treasury. This provision shall also apply with regard to those who have escaped for one (1) year and have not yet been arrested.
Article 13
When the person under imprisonment enters the rehabilitative disposition place, he/she shall be informed of the affairs to abide by.
Article 14
When the person under imprisonment does not accept the action given by the rehabilitative disposition place, a complaint may be filed by the person under imprisonment with the supervision agency through the chief official of the rehabilitative disposition place.
When receiving the complaint referred to in the preceding paragraph, the chief officer of the rehabilitative disposition place shall immediately report it to the supervisory agency in charge.
Article 15
Places of rehabilitative disposition execution shall enforce proper security under different circumstances; the security personnel may take necessary measures for restraining or excluding hazard.
Regulations on the conditions and the methods of the security enforced by places of rehabilitative disposition execution under the preceding paragraph, the qualifications, selection of security personnel, and the kinds and restriction of necessary measures taken and other relevant matters shall be prescribed by the Ministry of Justice.
Article 16
The rehabilitative disposition place shall invite public and private agencies and organizations, or appoint experts in criminology, psychology, sociology, and education to assist in improving its operations.
Article 17
The rehabilitative disposition place shall provide the person under imprisonment with good, clothing, and other necessities to maintain physical health. However, the expenses required for the execution of reformatory education and abstention or compulsory treatment may be collected form the person under imprisonment or the person bound to furnish support under taking into account of the situation. With those who cannot afford the expenses, the rehabilitative disposition place shall still provide pursuant to the general standards.
The person of the rehabilitative disposition execution shall not have tobacco and alcohol. However, if a person executed is not subject to reformatory education and is over eighteen (18) years old, he/she may have cigarettes during the designated period and place.
The rehabilitative disposition place shall give appropriate reward to those who quite smoking.
Regulations governing the administration of smoking and reward for quitting shall be prescribed by the Ministry of Justice.
Article 18
With those who suffer from illness, the rehabilitative disposition place shall give immediate medical treatment and necessary protection. After diagnosed by a physician, if the physician deems that it is necessary for the person under imprisonment to cease working, the work shall be ceased.
Where the rehabilitative disposition place deems that no proper medical treatment can be provided or no relevant medical equipment is available with regard to the illness from which the person under imprisonment suffers, the rehabilitative disposition place may apply to the supervisory agency for approval to transfer the person to a hospital or allow the person to be bailed out for medical treatment. The execution shall be continued after the illness is cured.
Where the rehabilitative disposition place deems the situation urgent and that it is unable to provide relevant medical treatment, it may proceed with the disposition referred to in the preceding paragraph first and report for approval afterwards.
The period when the person under imprisonment is bailed out for medical treatment shall not be counted as the execution period of his/her rehabilitative disposition.
Paragraphs 2 to 4 hereof shall apply mutatis mutandis with regard tot hose who are pregnant for over five (5) months or have given birth less than two (2) months ago.
Article 19
Where the person under imprisonment refuses to eat and remains the same after advised, and his/her life is thereby in danger, a physician may giver compulsory nutrition to the person.
Article 20
Those who suffer from illness may call a doctor to diagnose and give treatment at his/her own expense. The rehabilitative disposition place shall grant its approval.
Article 21
The rehabilitative disposition place, except for preventing the person under imprisonment from escaping, committing suicide, violent behaviors, or other actions that violate the discipline, shall administer without impeding the development of his/her personalities.
Article 22
The rehabilitative disposition place shall allow the person under imprisonment to meet with his/her family members and friends.
The name, age, residence, and occupation of the person applying to visit the person under imprisonment, the name of the person under imprisonment, their relationship, and the reason of the visitation shall be registered.
When requesting for a visitation, if deemed harmful to the discipline of the rehabilitative disposition place or the interests of the person under imprisonment, the request shall be denied.
Article 23
Unless otherwise provided in other laws, the visitation shall be monitored. If any of the circumstances prescribed under Paragraph 3 of the preceding article occurs during the visitation, such a visitation shall be ceased.
Article 24
There shall not be over two (2) visitations per week. Each visitation shall be limited to thirty (30) minutes. However, with the special approval granted by the chief of the rehabilitative disposition place, the visitations may be increased or extended.
Article 25
Letters sent and received by the person under imprisonment shall be examined. Where the content of the letters hinders the discipline of the rehabilitative disposition place, under different circumstances, the letters shall not be sent or received, or the content shall be deleted prior to the delivery or receipt.
Article 26
With regard to the person under imprisonment whose execution is complete, the rehabilitative disposition place shall release the person by noon of the day when the execution is complete, unless otherwise provided in other laws.
The aftercare affairs after the release shall be investigated when the person under imprisonment first enters the rehabilitative disposition place and shall be re-investigated prior to the release. The rehabilitative disposition place shall also keep close contact with the aftercare agencies or organizations. It shall plan the affairs concerning the occupational recommendation or consultation and the maintenance of the basic necessities of life after the release in advance and shall give proper solutions.
The aftercare affairs referred to in the preceding paragraph, except for those to be borne by the rehabilitative disposition place, designated organizations, or the closest relative of the person under imprisonment, shall be handled by the judiciary aftercare organizations.
Article 27
With regard to the person under imprisonment that is to be released, if the person has no clothing or traveling expenses, the rehabilitative disposition place shall provide appropriate clothing and expenses. Where the person requests to stay for medical treatment due to serious illness, the rehabilitative disposition place shall grant the request and shall inform his/her closest relatives, family members, or other appropriate persons.
Article 28
Where a rehabilitative disposition has a certain duration, if the execution is deemed unnecessary to be continued before the end of the period, unless otherwise provided in other laws, the rehabilitative disposition place shall apply to the prosecutor of the court that orders the execution for the exemption of the disposition. If the execution is deemed necessary to be extended, the rehabilitative disposition place may apply to the prosecutor of the court that orders the execution for the extension of the disposition.
When the rehabilitative disposition place makes the application referred to in the preceding paragraph, it shall state facts and explain the reasons based on the records of the monthly grades and scores of the person under imprisonment.
With regard to the judge made by the court in accordance with the application referred to in Paragraph 1, an appeal may be filed within five (5) days. A re-appeal may be filed against the judge made by the court
Article 29
Where the person under imprisonment is deceased during the execution or the execution is complete, the rehabilitative disposition place shall report to the prosecutor of the court that orders the execution. Where the person under imprisonment escapes during the execution, the rehabilitative disposition place shall immediately report to the prosecutor to arrest or order an arrest.
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