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

Print Time:2024/11/24 09:02
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Chapter Law Content

Chapter 2 Reformatory Education
Article 30
The reformatory education shall be enforced in a schooling manner in conjunction with military management. With those that are under fourteen (14) years old, the education shall be enforced in a family manner.
The rehabilitative disposition place shall respectively establish teachers, technicians, physicians, and counselors to handle various affairs.
Article 31
With regard to the enforcement of reformatory education, the persons executed shall be divided into classes according to their gender, age, aptitude personality, knowledge degree, and physical and mental conditions.
Article 32
Reformatory education shall emphasize the cultivation of ethics and the necessary knowledge and skills of life.
Article 33
The person under imprisonment may have religious exercises, prayers, or other appropriate rituals based on his/her religion, but shall not impede the discipline.
Article 34
The class hours of the reformatory education shall be decided upon the age of the person under imprisonment. It shall be limited to four (4) to six (6) hours per day.
Article 35
The reformatory education place shall have leisure facilities.
Article 36
Courses and operations of the reformatory education shall be prescribed by the Ministry of Justice in conjunction with the Ministry of Education and the Ministry of the Interior.
When the reformatory education is complete, the local agencies of educational administration may examine the academic degree of the person under imprisonment and issue a certificate.
Article 37
The reformatory education place shall establish a simple workshop for the person under imprisonment to participate in proper works.
The working hours time as referred to in the preceding paragraph shall be two (2) to four (4) hours per day. However, those that are under fourteen (14) years old or have special conditions and are not suitable for the works may be exempted from the works.
Article 38
The progressive treatment shall be divided into four (4) grades with the fourth (4th) grade as the lowest grade.
If with good morality and being suitable for joint living, the person under imprisonment may be graded as the third (3rd) grade.
Article 39
Where the person under imprisonment achieves the first (1st) grade with the execution of over one (1) year, the chief of the reformatory place may submit relevant evidence to the superior agency for approval and notify the prosecutor to transfer the application to the court for judge to exempt the execution.
Article 40
Where the person under imprisonment achieves the second (2nd) grade with the execution of over one (1) year, the provisions of the preceding article may apply mutatis mutandis to suspend the execution of his/her reformatory education disposition. However, when the execution is suspended, the person under imprisonment shall be subject to probation.
During the period when the execution is suspended as referred to in the preceding paragraph, if the person under imprisonment seriously violates the rules of probation, the court may, upon the request of the prosecutor, revoke the probation regarding the suspension of the execution.
After the judge regarding the suspension of the execution is revoked, the period when the execution is suspended shall not be counted into the execution time of the reformatory education.
Article 41
When nine-tens (9/10) of the execution time of the person under imprisonment has passed and he/she still cannot achieve the third (3rd) grade, the chief of the reformatory education place shall state the facts along with relevant evidence and submit the same to the prosecutor to apply to the court for judge to extend the duration of reformatory education.
Article 42
Where the person under imprisonment works during the duration of reformatory education, labor wages shall be issued monthly based on his/her performance.
With regard to the payment of labor wages referred to in the preceding paragraph, one-second (1/2) of the monthly wages may be freely utilized while the rest shall be kept by the reformatory education place till the person under imprisonment is released from the rehabilitative disposition place.
Article 43
If the person under imprisonment that is on bail fails to report for the execution after notified by the prosecutor, he/she may be forced to report for the execution. The starting date of the reformatory education period shall be the date when the person under imprisonment reports for the execution.
Article 44
When escorting the person under imprisonment to report for the execution, a warrant shall be employed.
The warrant shall contain the following affairs:
1. The name, gender, age, the province or county of his/her family register, residence, or other characteristics of the person under imprisonment sufficient to distinguish.
2. Causes.
3. The reason to issue the warrant.
The warrant shall be signed by the prosecutor and delivered to the judiciary police to bring the person under imprisonment to report for the execution.
Article 44-1
When the whereabouts of the person under imprisonment is unclear, relevant agencies may be requested for assistance.
In the event of assisting in searching for the person under imprisonment, a searching assistance letter shall be employed to inform each court, prosecutor, and judiciary police agency. However, the searching shall not be made public through an announcement, publishing in the newspapers, or other means.
The searching assistance letter shall contain the following affairs and be signed by the prosecutor:
1. The name, gender, age, the province or county of his/her family register, ID card number, residence, and other characteristics of the person under imprisonment sufficient to distinguish. However, the province or county of his/her family register, ID card number, and residence may be exempted if unclear.
2. The content of the incident.
3. The reason of the assistant search.
4. The place the person under imprisonment shall be delivered.
After the person under imprisonment is found, the prosecutor, judiciary police officer, and judiciary police may directly escort him/her to the place he/she should be delivered.
When the reason of the searching assistance no longer exists or is obviously unnecessary, the searching shall be immediately canceled. Paragraph 2 hereof shall apply mutatis mutandis with regard to the notification of cancellation.
Article 45
Regulations governing the progressive treatment of reformatory education shall be prescribed by the Ministry of Justice.
Operational rules of reformatory education shall be prescribed by the Ministry of Justice in conjunction with the Ministry of Education and the Ministry of the Interior.
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