Chapter 3 Confinement and Security
Article 15
Housing areas at a detention center include single housing areas and group housing areas.
As a principle, defendants are assigned to group housing areas after admission. A detention center may adjust housing area assignment based on its management needs.
Co-defendants or defendants involved in a same case should be assigned to different housing areas.
If it is inappropriate for a defendant to share a housing area with other defendants due to frailty, illness or disability, the defendant may be placed in the patient ward.
Article 16
A detention center must be securely guarded and may use technical equipment for assistance to ensure security.
Where a detention center deems it necessary, it may search and inspect the housing areas of defendants and other locations. In addition, the provisions of Article 12 regarding physical examination and identification in Article 12 shall apply mutatis mutandis to such inspections.
To ensure security, a detention center may, to the extent necessary, use technical equipment specified in Paragraph 1 to collect, process, and use personal information of defendants or individuals entering or exiting the detention center.
For security purpose, a detention center may inspect the clothes and items carried by individuals entering or exiting the center and may use technical equipment to aid the inspection.
The security measures, search, and inspection specified in Paragraph 1, Paragraph 2, and the preceding paragraph may not exceed the necessary extent.
Regulations governing the types, installation, management, usage, data storage, and other requirements for technical equipment specified in Paragraph 1 to Paragraph 4 shall be prescribed by the Ministry of Justice.
Article 17
A detention center may implement protective isolation under any of the following circumstances:
1. A defendant poses a threat to the security of the detention center.
2. The safety of a defendant is threatened.
3. The protective isolation specified in the preceding paragraph shall be approved by senior detention center officials. However, in case of emergency, such measures may be implemented without prior approval but must be immediately reported to a senior detention center official.
A detention center shall regularly report the decisions made on measures in Paragraph 1 to the supervisory authority for reference. After a detention center implements protective isolation, in addition to notifying the defendant in a written format, it shall notify the defendant’s family member or nearest relative and arrange medical personnel to conduct continuous evaluation of the physical and mental conditions of the defendant. Where medical personnel deem the defendant unfit for continuous protective isolation, protective isolation should be discontinued. Where there are multiple family members or nearest relatives, the detention center is only required to notify one such individual.
The protective isolation specified in Paragraph 1 may not exceed the necessary extent, shall be immediately terminated once the reason ceases to exist, and may not last for more than fifteen (15) days.
Regulations governing the daily routines, treatment, limitations, and restrictions of defendants in protective isolation under Paragraph 1, the notifications specified in Paragraph 3, and other requirements shall be prescribed by the Ministry of Justice.
Article 18
If it is deemed necessary for achieving the purpose of detention and maintaining order, a detention center may restrict the movements of a criminal defendant.
A detention center may use guard instruments, protective restraint or placement in a protective cell, or a combination of the above measures on a defendant and notify the defendant’s defense attorney if the defendant has any of the following situations and it is so approved by the court that issues the detention order:
1. There is likelihood that the defendant may attempt to escape, or commit self-harm, violent act or other acts that disrupt order.
2. Such measures are necessary for medical procedures that restraint is required for preventing endangerment.
A detention center may not use guard instruments, protective restraint, or placement in a protective cell specified in the preceding paragraph as ways to punish defendants. The use of protective restraint may not exceed four hours each time; placement in a protective cell may not exceed 24 hours each time. In addition to notifying the defendant in a written format, the detention center shall also notify the defendant’s family member or nearest relative. Where there are multiple family members or nearest relatives, the detention center is only required to notify one such individual.
Where the situation in Paragraph 2 is deemed to be of an urgent nature, the detention center may proceed with the necessary measure, but should immediately report to the court that issues the detention order for approval, and discontinue the measure if the court disallows.
Guard instruments are limited to leg shackles, handcuffs, chains and ropes approved by the Ministry of Justice. Where the use of guard instruments exceeds four hours, a detention center is required to produce a record, ask for the defendant’s signature, and give the defendant a copy of the record. The use of guard instruments may not exceed forty-eight hours each time and the starting and ending time must be documented. However, the preceding restrictions do not apply if the defendant is violent or if there are other disruptive acts that cause commotions or riots and the detention center deems it necessary to continue the use.
The measures specified in Paragraph 4 shall require the approval of a senior detention center official. However, in case of emergency, such measures may be implemented without prior approval but must be immediately reported to a senior detention center official. A detention center shall regularly report the implementation status of measures under Paragraph 2 and Paragraph 4 to the supervisory authority for reference.
Where a defendant is subject to measures in Paragraph 2 or Paragraph 4, the detention center shall promptly arrange medical personnel to evaluate the physical and mental conditions of the defendant and provide proper assistance. Where the detention center deems it necessary to terminate or change the measures, it shall report to a senior detention center official immediately and the senior official should take appropriate actions.
Regulations governing the procedures, methods, and specifications for the use of guard instruments, protective restraint and placement in a protective cell in Paragraph 2 and Paragraph 4, notifications specified in Paragraph 2 and Paragraph 3, and other requirements shall be prescribed by the Ministry of Justice.
Article 19
Where a detention center escorts a defendant outside under guard and deems that the defendant may attempt to escape, commit self-harm or violent act, guard instruments may be used with the approval of a senior detention center official. However, the use of guard instruments may not exceed the necessary extent.
When a defendant travels outside the detention center, the detention center may use technical equipment to implement electronic monitoring measures.
Article 20
Correctional officers at a detention center may use batons, knives, firearms, and other weapons approved by the Ministry of Justice to implement necessary measures under any of the following circumstances:
1. A defendant uses violence or coercion to threaten the lives, physical safety, or freedom of others or there is sufficient evidence of imminent act of violence or threat.
2. A defendant is in possession of an object that enables him/her to engage in the act of violence or threat and the defendant refuses to obey order to drop such an object.
3. A defendant assembles a crowd for riot or commits other disruptive acts and refuses to obey order to stop.
4. A defendant escapes or attempts to escape and refuses to stop when ordered;
5. The equipment or facilities of the detention center is plundered or damaged or there are sufficient facts indicating the likelihood of equipment or facilities being damaged.
Correctional officers may use firearms only when their lives or the lives of others are in imminent danger, and the use of firearms may not be excessive.
Regulations governing the types, timing and method of use, and other requirements for batons, knives, firearms, and weapons specified in the two preceding paragraphs shall be prescribed by the Ministry of Justice.
Article 21
In the event of a major extraordinary incident, a detention center may, where necessary, request police or other relevant agencies to provide assistance in order to enhance security, custody and control of defendants.
In the event of a natural disaster or an incident, defendants may be assigned to disaster prevention and rescue tasks to ensure the safety of detention center facilities and defendants.
Article 22
Where a detention center cannot provide shelter in the event of a natural disaster or incident, the defendants may be escorted to an alternative facility. Where the escort cannot be facilitated in a timely manner, the defendants may be temporarily released.
The defendants temporarily released in accordance with the preceding paragraph shall report to the detention center or a police agency within 48 hours of their release. Defendants who report in a timely manner may have their release period counted as days of detention; those that fail to report in a timely manner shall be processed as escapees, who will be reported to their courts that issue the detention order and the prosecutors.
Article 23
In the event of the death of a defendant’s grandparent, parent, spouse, child, sibling, or parent of spouse, the defendant may, with approval from senior detention center officials, go home for a visit under escort and then return back to the detention center within 24 hours. The duration of the visit will be counted as days of detention.
The regulations in the preceding paragraph shall apply mutatis mutandis to a defendant who needs to go home for a visit due to a major or extraordinary incident. In such a case, the visit shall be reported to the supervisory authority and approved.
Regulations governing the criteria for home visit by defendants, eligible individuals, number of visits, duration, expenses, implementation methods, approval procedures, review standards, changes or cancellation after approval, and other requirements shall be prescribed by the Ministry of Justice.