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

Print Time:2024/11/22 04:38
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Chapter Law Content

PART I GENERAL PROVISIONS
CHAPTER VIII-I Restrictions on Border and Island Exit
Article 93-2
If a defendant is strongly suspected of having committed an offense, and if one of the following circumstances exists, the prosecutor or the judge may, if necessary, impose restrictions without notice on the exit from the border or the island. However, in cases where the maximum principal punishment is detention or a fine-only case, such restrictions may not be imposed without notice:
1.He/she has no fixed domicile or residence;
2.There is a probable cause to believe that he/she is likely to abscond;
3.There is a probable cause to believe that he/she is likely to destroy, forge, alter the evidence, or conspire with co-offenders or witnesses.
The restrictions on exit from the border/island should be made in writing including the following information:
1.Name, gender, birth date, domicile or residence, identification document number of the defendant or other features sufficient to identify the defendant.
2.The offense and article of the Code being charged with;
3.The reason for and period of the restrictions on exit from border/island;
4.The enforcement agency;
5.The remedy for not satisfying the decision on the restrictions on exit from border/island.
Except for the failure to notify the defendant due to his/her domicile or residence is unclear, the written notice of the preceding paragraph shall be given within six months at the latest after the restrictions on exit from border/island have been imposed. However, if the defendant has been interrogated before the notice is given, the defendant shall be informed in the open court and be given the written notice of the preceding paragraph. In the circumstance of the first part of the preceding paragraph that the defendant has been informed of being restricted to exit from border/island before receiving the written notice, he/she may also request for delivery of the written notice as set out in Paragraph 2 hereof.
Article 93-3
During the investigation, the restriction period imposed by the prosecutor on the defendant from exit from border/island may not exceed eight months. However, where it is necessary to continue the restriction, a written petition, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with specific reasons, shall be submitted to the court with jurisdiction for a ruling at least 20 days prior to the expiration of the restriction period. At the same time, the defendant and defense attorney shall be notified with the transcript of the written petition.
During the investigation, when the prosecutor requests to extend the restriction period on exit from border/island, the first extension shall not exceed four months; the second extension shall not exceed two months, and there can be two extensions at most. During the trial, each restriction imposed on exit from border/island shall not exceed 8 months, and for those who commit a crime with a maximum principal sentence of imprisonment for no more than ten years, the accumulated restriction period shall not exceed five years; for the remaining crimes, the accumulated restriction period shall not exceed ten years.
During the period of investigation or trial, the period of restriction on exit from border/island shall not include the period of the defendant's at-large due to escape and going into hiding.
The court shall give the defendant and defense attorney an opportunity to present their opinions before the court renders a ruling to extend the restriction on exit from border/island.
After the prosecution is initiated or the judgment is rendered, where the case is subject to the court or an appellant court, the period of restriction shall be extended to be one month if the remaining period of the original restriction on exit from border/island is less than one month.
The statutory extension period of the court in which the case is pending after the prosecution is initiated pursuant to the preceding paragraph and the remaining period of the restriction on exit from border/island during the investigation shall be counted as the period during the trial.
Article 93-4
If the defendant is rendered the ruling "not to prosecute" or a ruling of 'deferred prosecution", or informed of "Not Guilty", "Exempt from Prosecution", "Punishment Remitted", "Probationary Sentence", "Fine", "Sentence Commuted to Warning" or the judgment of "Case Not Entertained" as specified in Subparagraph 3, Subparagraph 4 of Article 303, such restriction on exit from border/island shall be deemed to be revoked, provided that, within the appeal period or during the appeal, such restriction on exit from border/island shall continue if necessary.
Article 93-5
The defendant and defense attorney may petition the prosecutor or the court to revoke or alter the restriction on exit from border/island. The prosecutor may also petition for the revocation during the investigation, and may, at the time of filing the petition, notify the competent authority of entry/exit in advance to remove restrictions on exit from border/island.
During the investigation, the revocation of the restriction on exit from border/island, except for the petition filed by the prosecutor, the opinion of the prosecutor shall be taken into account.
During the investigation, the restriction on exit from border/island imposed by the prosecutor may be revoked or altered by the prosecutor ex officio. However, when the case is subject to the court after the prosecution is initiated, the revocation or alteration of the remaining period of the restriction on exit from border/island during the investigation may be effectuated ex officio by the court or by petition.
The restriction on exit from border/island imposed by the court during the investigation and trial, the court may revoke or alter it ex officio.
Article 93-6
A person who may be ordered to be released on bail, restrained of another or with a limitation on his/her residence in accordance with the provisions other than this chapter may also be imposed with the restriction on exit from border/island, and the provisions of Paragraph 2 of Article 93-2, and Article 93-3 to Article 93-5 shall apply mutatis mutandis.
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