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Chapter Law Content

Title: Detention Act CH
Category: Ministry of Justice(法務部)
Chapter 14 Supplementary Provisions
Article 113
Transportation expenses payable by a defendant in accordance with Paragraph 2 of Article 54 and Paragraph 4 of Article 56 that are paid by the detention center in advance may be deducted from the defendant’s money under safekeeping or labor wage. Where there are no deductible funds, the detention center shall issue a written administrative disposition to order the defendant to repay the expenses within thirty (30) days. Where the defendant fails to do so, the detention center may transfer the case to administrative enforcement.
Article 114
Complaints filed before the implementation of the amendment of this Act on December 10, 2019 for which a decision has not been made shall be processed in accordance with the provisions after the implementation of the amendment.
For incidents occurred before the implementation of the amendment of this Act on December 10, 2019 for which a complaint may be filed and the statutory period for legal remedy has not expired, a complaint may be filed in accordance with the provisions of this Act within ten (10) days starting from the next day following the implementation date of the amendment.
Where situations specified in Subparagraph 2 and Subparagraph 3, Paragraph 1 of Article 85 occurred before the amendment of this Act on December 10, 2019 and the complaint filing period calculated in accordance with Paragraph 2 of Article 85 has not expired, the complaint filing period shall be set to 10 days starting from the next day following the implementation date of the amendment.
Constructive interlocutory appeal cases in accordance with the Judicial Yuan interpretation No. Shi-Zi-720 that are pending in court but are not yet concluded before the implementation of the amendment of this Act on December 10, 2019 shall be processed by the original court in accordance with the original Judicial Yuan interpretation No. Shi-Zi-720 and tried in accordance with the Code of Criminal Procedure.
For cases where constructive interlocutory appeal may be filed in accordance with the interpretation of the Judicial Yuan No. Shi-Zi-720 that occurred before the implementation of the amendment of this Act on December 10, 2019, a suit may be filed with the administrative litigation division of the jurisdictional district court within thirty (30) days from the next day following the implementation date of the amendment.
Article 115
The provisions of this Act apply mutatis mutandis to defendants detained in accordance with the Military Justice Law.
Article 116
The Enforcement Rules of this Act shall be stipulated by the Executive Yuan together with the Ministry of Justice.
Article 117
This Act shall be implemented six months after the date of promulgation.