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

Print Time:2024/11/25 08:14
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Chapter Law Content

Chapter 1 General Provisions
Article 1
These Enforcement Rules are enacted pursuant to Article 116 of the Detention Act (hereinafter referred to as the "Act").
Article 2
The competent authority, supervisory authority and detention centers under the Act shall give equal attention to circumstances both favorable and unfavorable to a defendant in the execution of the Act.
Article 3
The terms used in the Act and these Enforcement Rules shall be defined as follows:
1. “Detention center” refers to detention centers under the Agency of Corrections, Ministry of Justice and their branches and women’s detention houses.
2. “Senior detention center official” refers to the head of a detention center under the preceding subparagraph and persons authorized thereby.
3. “Detention center personnel” refers to personnel who undertake relevant affairs of a detention center under Subparagraph 1.
4. “Family member” refers to persons who live in the same household as the defendant with the purpose of maintaining common living permanently pursuant to Article 1122 and Article 1123 of the Civil Code.
5. “Nearest relative” refers to the spouse, lineal relatives, blood relatives within third degree of kinship, and relatives-in-law within second degree of kinship of a defendant.
Article 4
The term “strict demarcation” referred to in Paragraph 3, Article 3 of the Act shall mean separate confinement of defendants by buildings, different floors in the same buildings or walls of detention center.
Article 5
Pursuant to Paragraph 3, Article 4 of the Act, the supervisory authority should establish step-by-step guidelines for reasonable accommodation in detention centers in accordance with relevant rules and regulations and in consideration of the conditions of the premises of each detention center.
Article 6
Any request for a visit by any person or media in accordance with Article 6 of the Act shall be made in writing.
The written format under the preceding paragraph shall be prescribed by the supervisory authority.
Detention centers should carefully plan in advance the visitors’ tour routes that should exclude passage through the accommodation space of defendants who are held incommunicado and should avoid infringement on defendants’ privacy or other interests.
Detention centers should inform and ask the general public or media visitors to comply with the following before the tour starts:
1. Provide identification paper and cooperate with inspections performed in accordance with Article 16 of the Act.
2. Wear proper cloths and follow order without clamoring or making loud noises.
3. Do not bring or use communications, video-recording, photographing or audio-recording equipment without the permission of the detention center.
4. Follow the tour routes without action or hanging around at own discretion.
5. It is prohibited to converse with or pass or accept any item to or from any defendant.
6. Do not violate any relevant control measure or disposition of the detention center.
7. Do not act in any other manner that disrupts the order or security of detention center or infringes on the interests of defendants.
The detention center may stop the tour of any visitor who has breached the provisions of the preceding paragraph.
Any visitor below the age of 18 shall be accompanied by a legal representative, a guardian, a teacher or other appropriate adult.
Article 7
Any request for an interview by a media in accordance with Article 6 of the Act shall be made in writing and the interview may be conducted after the consent of the detention center. The written format shall be prescribed by the supervisory authority.
When an interview is requested by an overseas media or if the interview report will be published overseas, the detention center shall obtain the approval of the supervisory authority before granting the interview.
Defendants who are held incommunicado by ruling of the court and juvenile defendants may not be interviewed.
If a media interview involves detention center personnel or individual defendant, the detention center must obtain the interviewee’s consent before granting the interview.
During a media interview, the detention center may adopt proper measures to uphold the dignity and interests of the defendant or relevant personnel.
If the target or detail of the media interview involves children or juvenile, sexual offense, domestic violence, disease or other matters about which media coverage is restricted or prohibited by law, relevant regulations shall be complied with.
A detention center may stop an ongoing media interview if the interview adversely affects the security or order of the detention center.
After a media interview, the media should inform the detention center or the defendant before publishing a report. If the report is inconsistent with the interview details or facts, the detention center or the defendant may ask the media to make corrections or clarifications in an appropriate manner.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)