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

Print Time:2024/11/22 05:35
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Chapter Law Content

Part VIII Execution
Article 456
The adjudication other than correction measures shall be executed once the adjudication becomes final, unless otherwise prescribed.
In the case of the preceding paragraph, the prosecutor may, when necessary, execute the adjudication before the adjudicating court delivers the case file.
Article 457
The execution of a judgment or a ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the court that made the judgment or ruling in question, unless by the nature of the matters concerned, the execution of the said judgment or ruling should be supervised by the court, its presiding judge, commissioned judge, requisitioned judge, or otherwise prescribed by the statutory law.
Where a higher court shall execute a judgment or ruling of a lower court due to its dismissal of an appeal or an interlocutory appeal or the withdrawal of an appeal or an interlocutory appeal, the execution of the said judgment or ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the higher court concerned.
Where the files of the case concerned reside in the lower court in circumstances specified in the preceding two paragraphs, the execution of the judgment or ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the lower court concerned.
Article 458
(Execution Instruction)
To supervise execution, an execution instruction shall be made along with the copy or abbreviated copy of written judgment or record; provided that this does not apply to instructions other than punishments or measure for rehabilitation, where an execution instruction is not necessary.
Article 459
(Execution Order - Principal Punishment)
Upon executing more than 2 principal punishments, except for fines, the heavier ones shall be executed first; provided that a prosecutor may instruct to execute other punishment first.
Article 460
(Execution of Capital Punishment (I) - Review)
After a pronouncement of capital punishment is final, the prosecutor shall promptly send the case file to the highest judicial authority.
Article 461
(Execution of Capital Punishment (II) – Time and Double Review)
Capital punishment shall be approved by the Minister of justice and be executed within 3 days after receiving such approval; provided that the executive prosecutor may contact the highest judicial authority for a review in 3 days if causes for a retrial or extraordinary appeal exist.
Article 462
(Execution of Capital Punishment (III) - place)
Capital punishment shall be executed in prisons.
Article 463
(Execution of Capital Punishment (IV) – Presence)
The prosecutor observes and shall order a clerk to attend for the execution of capital punishment.
Except for persons approved by the prosecutor or prison officials, no one may enter the execution place for capital punishment.
Article 464
(Execution of Capital Punishment (V) – Records)
The clerk on spot of the capital punishment execution shall make a record.
Such record shall be signed by the prosecutor and prison official.
Article 465
(Suspension and Resume of Capital Punishment)
The highest judicial authority may order to suspend the execution if it is found the one whom death penalty is pronounced is insane.
The highest judicial authority may order to suspend the execution of a sentence of capital punishment on a pregnant woman before she delivers.
Unless ordered by the highest judicial authority, suspension on capital punishment pursuant to the preceding 2 paragraphs may not be resumed after the subject recovers or delivers.
Article 466
(Execution of Punishment against Freedom)
Unless otherwise stipulates in laws, persons sentenced imprisonment or detention shall be detained in prisons separately for labor service; provided that labor service may be exempted if special circumstance apply.
Article 467
(Suspension of Punishment against Freedom)
Upon the prosecutor’s command, one pronounced imprisonment or detention may be suspended from execution before he/she recovers or the cause ceased if one of the following circumstances apply:
1. Insanity;
2. More than 5 months of pregnancy;
3. Just delivered in less than 2 months;
4. Currently suffering a disease and the execution may threaten his life.
Article 468
(Medical Care for Sentenced Person Suspended from Execution)
A prosecutor may send a sentenced person to the hospital or other proper location if the execution is suspended pursuant to Subparagraphs 1 and 4 of the preceding article.
Article 469
The prosecutor shall, upon execution, summon a person announced a sentence of capital punishment other than a fine but not yet detained; if such a person fails to appear in court, he/she shall be arrested with a warrant. However, if there is a probable cause to believe that the person who is announced a death sentence, life imprisonment or imprisonment of more than two years is likely to abscond, he/she may be arrested with a warrant.
The prosecutor may arrest the sentenced person as described in the first part of the preceding paragraph pursuant to Subparagraph 1 and Subparagraph 2 of Article 76 with a warrant without notice and put him/her on a wanted list pursuant to Article 84.
Article 470
Fines, administrative fines, confiscation and administrative confiscation shall be executed in accordance with the orders of the Prosecutor. However, after the judgment of fines or administrative fines is pronounced, if the prosecutor is not present, and with the consent of the person receiving the judgment, the judge may proceed to enforce the penalty.
The order, as described in the preceding paragraph, has the same effect as a civil compulsory execution.
Fines and confiscations may be enforced on the legacy of a convicted person.
Article 471
(Apply mutatis mutandis the Civil Execution and Requested Execution)
Execution in the preceding article shall apply mutatis mutandis regulations for civil executions.
A prosecutor may request the civil compulsory execution division of the district court to carry out execution in the preceding paragraph if necessary.
Execution requested by a prosecutor may be exempted from the execution fee.
Article 472
(Authority for Confiscation)
The prosecutor shall dispose confiscations.
Article 473
If the rights holders file a motion to have confiscated items or force-collected property returned, or if persons, who are allowed to exercise the right to a claim as a result of the defendant's crime, have obtained the civil compulsory execution and file a motion to be paid, within a year after the judgment is finalized, the prosecutor shall return such items/property or pay such claims, with the exceptions of: items/property that should be destroyed or abandoned; if the items/property are sold, the price of the sale shall be returned.
If an applicant has objections to the execution of return or payment, as described in the preceding paragraph, the provisions of Article 484 shall apply.
If necessary, the prosecutor may request that the branch offices of the Administrative Enforcement Agency of the Ministry of Justice enforce the sales, distributions and payments, as described in the first paragraph.
The scope, methods and procedures, of the claimant and of a motion for return or payment, the scope of return or payment that the prosecutor should enforce, as described in the first paragraph, and other enforcement measures that should be followed shall be determined by the Executive Yuan.
Article 474
(Return of Fabricated or Altered Items)
Upon returning fabricated or altered items, a prosecutor shall excise or label the fabricated or altered part.
Article 475
If the whereabouts of the person to whom the confiscated objects should be returned is unknown, or if the confiscated objects cannot be returned for other reasons, the prosecutor should make a public announcement. If after two years from the date of announcement no one claims the return, the confiscated objects shall be turned over to the National Treasury.
Worthless objects, despite being within the holding period as described in the preceding paragraph, may be discarded; objects that are difficult to be kept in custody will be sold by a court order, from which the proceeds shall be kept in custody.
Article 476
(Request to Cancel the Suspension of Sentence)
Where a pronouncement of suspension of sentence shall be set aside, a prosecutor of the district court where the sentenced locates or resides at last shall request a ruling of the said court.
Article 477
(Motion to Adjust the Sentence)
A motion to adjust a sentence pursuant to Article 48 of the Criminal Code or a motion to ascertain the sentence execution pursuant to Articles 53 and 54 where Subparagraphs 5 to 7 of Article 51 of the Criminal code applies shall be filed by a prosecutor to the court, which makes the final judgment on facts of the offense in the said case, for a ruling.
In order to adjust the sentence in the preceding paragraph, the sentenced, his statutory agent, or agent may request prosecutor in the preceding paragraph to file the motion.
Article 478
(Exemption from Labor Service)
The exemption of labor service pursuant to proviso of Article 466 shall be instructed by the prosecutor in charge of the execution.
Article 479
Convicts, whose penalty is converted to community service or labor service, pursuant to Article 41, Article 42 and Article 42-1 of the Criminal Code, shall follow the order of the prosecutor in charge of the execution.
For converted community service, the prosecutor in charge of the execution shall give orders to provide such services to government agencies, government organizations, non-departmental public bodies, communities, or other Institutions or groups that meet public interest objectives, as designated by the concerned Prosecutors' Office, and shall set a time frame for service implementation.
Article 480
The implementation of labor service, converted from a fine, should be carried out separately from labor service carried out by those sentenced to imprisonment or those sentenced to criminal detention.
The provisions of Article 467 and Article 469 shall apply mutatis mutandis to cases of converted labor services.
The provisions of Article 467 shall apply mutatis mutandis to cases of converted community services.
Article 481
(Execution of Security Preservation Measures)
The prosecutor shall request the court which made the final judgment regarding facts of an offence to rule the exemption from execution pursuant to Paragraph 3 of Article 86, Paragraph 3 of Article 87, Paragraph 2 of Article 88, Paragraph 2 of Article 89, Paragraph 2 of Article 90, or Paragraph 1 of Article 98, an decision of approved extension pursuant to Paragraph 3 of Article 90, security preservation measures pursuant to Paragraph 2 of Article 93, or the exemption from execution pursuant to the latter of Paragraph 1 and Paragraph 2 of Article 98, and the execution of approval pursuant to Article 99 of the Criminal Code. The same rule also applies to the compulsory treatment pursuant Paragraph 1 of Article 91-1 and the suspension of compulsory treatment pursuant Paragraph 2 of the same article.
A prosecutor may request the court to pronounce a ruling if security preservation measure is necessary for a decision of exempted prosecution pursuant to Paragraph 1 of Article 18 and Paragraph 1 of Article 19 of the Criminal Code.
Where a court does not include security preservation measures in the decision, a prosecutor may request the court to rule on such measure within 3 months since the decision if the prosecutor deems it necessary.
Article 482
(Commutation to Warning)
A prosecutor shall execute commutation to warning pursuant to article 43 of the Criminal Code.
Article 483
(Motion for Interpretation – Meanings of a Guilty Judgment)
Where a party doubts the meaning of a guilty judgment, he/she may request the court which pronounces such judgment for interpretation.
Article 484
(Objection - Instruction by Prosecutor)
The sentenced and his statutory agent or spouse shall file an objection to the court which pronounces the judgment upon finding instructions by the prosecutor impropriate.
Article 485
(Motion and Cancellation for Interpretation or Objection)
A motion for interpretation or objection shall be filed in writing.
A motion for interpretation or objection may be withdrawn in writing before the judgment.
Article 351 shall apply mutatis mutandis to a motion and cancellation for interpretation or objection.
Article 486
(Ruling on Motion for Discrepancy or Objection)
The court shall rule on discrepancies or objections.
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