No Support JavaScript

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

Print Time:2024/12/05 02:49
:::

Chapter Law Content

Chapter III Juvenile Protection
Section I Investigation and Trial
Article 14
The jurisdiction over juvenile protection matters shall be exercised by the court where the acts in question are committed, the court for the domicile or residence of the juvenile concerned, or the court for the place where the juvenile is present.
Article 15
Where a juvenile court, after examining a pending case, finds that the exercise of its jurisdiction by another competent juvenile court may better protect the juvenile in question, it may transfer the pending case to such a juvenile court by ruling; the juvenile court to which the said case is thus transferred may not further transfer the case in question again.
Article 16
Paragraphs 1 and 2 of Article 6, Article 7 and the first section of Article 8 of the Code of Criminal Procedure shall apply mutatis mutandis to the juvenile protection under this Act.
Article 17
A person who becomes aware of a delinquency prescribed in Subparagraph 1, Paragraph 1 of Article 3 may report such a matter to a competent juvenile court.
Article 18
Where a judicial police officer, a prosecutor or a court, while performing their duties, becomes aware of a delinquency prescribed in Subparagraph 1, Paragraph 1 of Article 3, he/she/it shall transfer such a matter to a competent juvenile court.
Where a judicial police officer, a prosecutor or a court, while performing their duties, becomes aware of a delinquency prescribed in Subparagraph 2, Paragraph 1 of Article 3, he/she/it may report such a matter to the Youth Counseling Committee in the domicile or residence of the juvenile concerned, or in the place where the juvenile in question is present.
Where a person who has custody over a juvenile, the school from which a juvenile has dropped out, or an institution that carries out relevant tasks of juvenile protection becomes aware of a delinquency prescribed in Subparagraph 2, Paragraph 1 of Article 3, he/she/it may report such a matter to the Youth Counseling Committee in the domicile or residence of the juvenile concerned, or in the place where the juvenile in question is present.
A juvenile who commits an act prescribed in Subparagraph 2, Paragraph 1 of Article 3, he/she may request assistance from the Youth Counseling Committee in his/her domicile or residence, or in the place where he/she is present.
A Youth Counseling Committee in the domicile or residence of a juvenile or in the place where a juvenile in question is present, upon becoming aware of a juvenile who commits any act prescribed in Subparagraph 2, Paragraph 1 of Article 3, shall coordinate available resources in sections such as welfare, education, psychology, health care, household administration, police, finance, financial management, labor, immigration and other relevant sections and provide the juvenile in question with counseling for an appropriate duration of time.
Where a Youth Counseling Committee, during the appropriate duration of time referred to in the foregoing paragraph, comes to the view after assessment that in order to better protect the sound self-development of the juvenile concerned, a case before it may only be handled by a juvenile court, it may submit a request to a juvenile court, stating the reasons for such a request and filing the relevant records of counseling and other relevant materials, while continuing performing the counseling assistance in accordance with the foregoing paragraph.
The Youth Counseling Committee in each special municipality, county or city government shall consist of persons who are equipped with expertise in social work, psychology, education, family education or other relevant fields so as to perform its duties provided in Paragraphs 2 to 6 above. Rules on matters in relation to the establishment, counseling methods, duties, assessment and power to submit a request of a Youth Counseling Committee shall be made by the Executive Yuan in consultation with the Judicial Yuan.
Prior to July 1, 2013, where a judicial police officer, a prosecutor, a court, a person who has custody over a juvenile, the school from which a juvenile has dropped out, or an institution that carries out relevant tasks of juvenile protection becomes aware of a delinquency prescribed in Subparagraph 2, Paragraph 1 of Article 3, he/she/it may transfer the case concerned or make a request for a juvenile court to handle the said case.
Article 19
After a juvenile court undertakes a transfer, report, or request in accordance with the provisions of this Act, the juvenile investigation officer shall conduct a preliminary investigation into the delinquency-related behavior, character, experience, mental and physical conditions, family background, social environment, education background, and other necessary circumstances of the juvenile concerned, followed by filing a report in a designated time period, which must include concrete suggestions for handling the said matter.
The results of an investigation conducted by a juvenile investigation officer shall not constitute the sole source of evidence for the purpose of establishing the facts.
Where a juvenile investigation officer is summoned to appear before the court to give evidence on the results of an investigation or suggestions for handling a matter, the juvenile investigation officer that conducted the investigation referred to in paragraph 1 shall appear before the court in person, unless with a justifiable cause of excusing himself/herself.
A clerk shall make written records when the juvenile court questions related parties.
Article 20
The juvenile court may adjudicate a juvenile protection matter by a single judge.
Article 21
In conducting an investigation, a judge of the juvenile court or a juvenile investigation officer may, when necessary, summon the juvenile in question, his/her statutory agent, or a person who currently protects the juvenile to be present.
The defender of the juvenile shall be given due notice in advance regarding the date, time, and location of investigation in the foregoing paragraph.
Summon referred to in Paragraph 1 shall be made by a notification signed by a judge, with the following items specified; where a juvenile investigation officer issues a summon, the notification shall be signed by the juvenile investigation officer:
1. full name, sex, age, birth place and domicile or residence of the summoned;
2. the cause of the summon;
3. date, time, and place for appearance;
4. that the summoned may be forced to appear if he/she fails to appear without justifiable cause.
The summoned shall be served by a summon notification.
Article 22
Where a juvenile, his/her statutory agent or a person who currently protects the juvenile is legally summoned but fails to appear without justifiable cause, the judge of the juvenile court may, on his/her own initiative or upon request by the juvenile investigation officer, issue a companion letter to enforce the appearance; where a juvenile demonstrates one of the circumstances specified in the subparagraphs of Article 76 of the Code of Criminal Procedure and a judge of the juvenile court deems necessary, the said judge of the juvenile court may issue a companion letter to enforce the appearance without the summon.
A companion letter shall be signed by a judge and set forth the following:
1. the companion’s name, sex, age, birth place, national identification number, residence or domicile and other characteristics sufficient for identification; the age, birth place, national identification number, or domicile and residence, may be omitted if unknown;
2. the cause of the summon;
3. the place where the summoned shall be present in companion with the executor;
4. the duration for executing the companion.
Article 23
A companion letter shall be executed by a process-server, a judicial police officer, or a judicial police.
Three (3) copies of the companion letter shall be made, one delivered to the companion, and another to his/her designated relatives or friends upon execution; the execution shall take into consideration the companion’s physical integrity and reputation.
Upon the execution of companion, the place, date, month and year of such an execution shall be recorded in the companion letter; where an execution may not be completed, the executor shall sign and specify the situation in the companion letter concerned, and submit it to the juvenile court.
Article 23-1
Where a juvenile is missing, the juvenile court may notify the district juvenile courts, prosecutors, and the judicial police agencies to assist with the search; the missing of the juvenile may not be announced, published in newspapers, or made public by any other means.
In assistance with the search for the juvenile, a letter of search assistance shall be signed by a judge and set forth the following:
1. the juvenile’s name, sex, age, birth place, national identification number, domicile and residence and other characteristics sufficient for identification; the age, birth place, national identification number, or domicile and residence may be omitted if unknown;
2. details of the juvenile delinquency matter;
3. reasons for search assistance;
4. the place to which the juvenile shall be escorted when found.
After a juvenile is found, a juvenile investigation officer, a prosecutor, a judicial police officer or a judicial police may escort the juvenile to the place where he/she shall be present.
A request for search assistance shall be withdrawn where the reasons for the request no longer exist or the search assistance is clearly unnecessary. Paragraph 1 of this Article shall apply mutatis mutandis to the notice for the withdrawal of search assistance.
Article 24
Where the application of provisions regarding the witness, expert witness, interpreter, inspection, preservation of evidence, and search and seizure of the Code of Criminal Procedure does not contradict the nature of juvenile protection, the said provisions shall applied mutatis mutandis to juvenile protection matters.
Article 25
The juvenile court, when performing its duties, may request necessary assistance from the police agencies, local self-governing bodies, schools, hospitals, or other institutions or organizations.
Article 26
The juvenile court may pronounce the following measures by ruling when necessary:
1. to order the custody of a juvenile to the juvenile’s statutory agent, parents, closest relatives, a person who currently protects the juvenile, or other appropriate institutions, organizations, or individuals, and may send the juvenile to a juvenile investigation officer for consulting before the handling of the matter closes;
2. to order a juvenile to be sent to a juvenile detention center for assessment of physical and psychological conditions and behavioral observation, which shall file an analysis report. The foregoing shall apply only to cases where the juvenile cannot be ordered for custody or an order for custody is clearly inappropriate so that detention is necessary; the detained juvenile, his/her statutory agent, a person who currently protects the juvenile, or his/her assistant may at any time make an application for the juvenile court to pronounce a custody so as to terminate his/her detention.
Article 26-1
When detaining a juvenile, a detention letter shall be signed by a judge and set forth the following:
1. the juvenile’s name, sex, age, birth place, national identification number, residence or domicile and other characteristics sufficient for identification; the age, birth place, national identification number, residence or domicile may be omitted if unknown;
2. details of the juvenile delinquency matter;
3. reasons for detention;
4. place of the detention.
Paragraph 2 of Article 23 shall apply mutatis mutandis to the execution of detention.
Article 26-2
The duration a juvenile detention center detains a juvenile may not exceed two (2) months during the phase of investigation or trial. Where the juvenile court finds it necessary to continue the detention, it may extend the period of detention by ruling before the said period lapses. The extension of detention may not exceed one (1) month and may only be made once. When the reasons of detention ceases to exist, the juvenile court shall, on its own initiative or upon request by the juvenile concerned, his/her statutory agents, the persons who currently protect the juvenile, or his/her assistant, revoke the ruling ordering the detention.
Where an interlocutory appeal is filed, the detention period for the court before which the interlocutory appeal is filed shall start from the day it receives the case file and exhibits.
Where a case is remanded, the period of detention or extended detention shall start anew.
The period of detention after the ruling is made and before the transfer is made shall be counted against the detention period allowable for the original trial court.
The personnel of a juvenile detention center shall receive pre-service and in-service training in the fields relevant to juvenile protection. The director, deputy director, and supervisors who perform duties of identification and teaching of a juvenile detention center shall be selected among persons who are equipped with knowledge, experience and enthusiasm in juvenile protection.
The organization of a juvenile detention center shall be stipulated by laws.
Article 27
The juvenile court shall transfer a juvenile to a prosecutor in the prosecutors’ office of a competent court by ruling upon finding that the said juvenile violated criminal law and has one of the following situations in accordance with the results of the investigation:
1. Where the juvenile commits an offense for a minimum punishment of five (5) years of imprisonment;
2. Where the juvenile reaches the age of twenty (20) after the matter is pending before the court.
Besides the circumstances specified in the foregoing paragraph, the juvenile court may transfer a juvenile to a prosecutor in the prosecutors’ office of a competent court by ruling if the court, based on results of investigation, finds the offense serious and a criminal disposition appropriate, taking into account circumstances such as the juvenile’s character, personality and experience.
The two foregoing paragraphs shall not apply where the juvenile in question is less than fourteen (14) years old at the time of committing the offense.
Article 28
The juvenile court, based on results of investigation, shall deliver a ruling not to submit a matter to hearing upon finding no reasons for submitting a matter to protective measures or finding the said matter should not be submitted to hearing based on other grounds.
The court may order the juvenile to be treated at an appropriate facility where a ruling in the foregoing paragraph is pronounced based on a finding that the juvenile concerned is insane.
Article 29
The juvenile court, upon finding the delinquency inconsequential or finding it appropriate not to submit the matter to hearing based on results of investigation by a juvenile investigation officer, may deliver a ruling not to submit a matter to hearing and order the following dispositions:
1. giving him/her a reprimand;
2. sending the juvenile to his/her statutory agent or a person who currently protects him/her for strict discipline;
3. transferring the juvenile to a welfare, cultivation, or health care institution or an institution that implements transitional education or other appropriate measures for appropriate tutoring.
Dispositions in the foregoing paragraph shall be executed by the juvenile investigation officer.
Prior to delivering a ruling in accordance with Paragraph 1, the juvenile court may, with the consent of the juvenile in question, his/her statutory agent and the victim, transfer the juvenile in question to an appropriate organization, institute, group, or individual for his/her restoration, or order the juvenile to perform the following:
1. to apologize to the victim;
2. to write a repentance letter;
3. to make reparations to the victim.
A juvenile’s statutory agent shall be jointly liable for the reparation provided for in Subparagraph 3 of the foregoing paragraph, and such liability may constitute a title for civil compulsory enforcementre.
Article 30
Where a juvenile court, based on results of investigation, finds it appropriate to submit a matter to hearing, it shall make a ruling to the effect of initiating the hearing of the said matter.
Article 31
A juvenile, his/her statutory agent, or a person who currently protects the juvenile may select an assistant for the juvenile at any time.
Where a juvenile commits an offense for a sentence more than three (3) years of imprisonment and has not selected an assistant, the juvenile court shall appoint an appropriate person to assist the said juvenile; the same rule shall apply to other circumstances where the court deems it necessary.
Where an appointed assistant fails to appear before the court without justifiable cause in the hearing of a case specified in the foregoing paragraph, the juvenile court may appointed another assistant to take his/her place.
Where the juvenile court appoints an assistant in accordance with the two forgoing paragraphs in a region where a public assistant is not available, the court may instead appoint an appropriate person to assist the juvenile.
Relevant rules in the Act of Public Defender shall apply mutatis mutandis to matters related to a public assistant.
Relevant rules in the Code of Criminal Procedure shall apply mutatis mutandis to matters related to an assistant in a matter as long as it does not contradict the nature of juvenile protection.
Article 31-1
When an assistant is to be appointed among non-lawyers, such an appointment shall be approved by the juvenile court.
Article 31-2
Besides protecting a juvenile’s procedural rights, an assistant shall support the court in facilitating the sound growth of the juvenile.
Article 32
The juvenile court shall set the date of hearing. The juvenile, his/her statutory agent, or a person who currently protects the juvenile shall be summoned on the date of hearing, and the assistant of the juvenile shall be notified.
When appointing the date of hearing, the juvenile court shall take into consideration the amount of time needed for the juvenile, his/her statutory agent, a person who currently protects the juvenile, or an assistant to prepare for the hearing; where the juvenile, his/her statutory agent, or a person who currently protects the juvenile consents to the date of hearing, the court may start the hearing in a timely manner.
Paragraphs 3 and 4 of Article 21 shall apply mutatis mutandis to the summons provided in Paragraph 1.
Article 33
On the hearing date, a clerk shall accompany the judge to make hearing records.
Article 34
The investigation and hearing shall not be open to the public, but may be open to the audit of the juvenile’s relatives, teachers, persons engaging in juvenile delinquency protection, or other relevant persons.
Article 35
The hearing shall be conducted in an amiable and sincere atmosphere. The judge may hear the case outside the courtroom after taking into account the nature of the matter, mental and physical condition of the juvenile and other relevant circumstances.
Article 36
On the hearing date, when the juvenile is being interrogated, the statutory agent, a person who currently protects the juvenile and the assistant shall be given opportunities to make statements.
Article 37
On the hearing date, the court shall investigate necessary evidence.
The reason and facts for a juvenile to be subject to protective measures shall be established by evidence.
Article 38
The juvenile court may order the following measures when necessary:
1. to prohibit persons other than the juvenile from being present when the latter is making statements;
2. to prohibit the juvenile from being present when persons other than the juvenile is making statements.
Article 39
A juvenile investigation officer shall appear before the court on the hearing date to express opinions regarding the investigation and the measure.
Where the juvenile court does not adopt the opinions of a juvenile investigation officer, the reasons shall be set forth in the ruling.
Article 40
Where the juvenile court, in accordance with the hearing results, finds circumstances of Paragraph 1 of Article 27 exist, the court shall deliver a ruling of transfer; where the court finds circumstances of Paragraph 2 of Article 27 exist, it may deliver a ruling of transfer.
Article 41
Where the juvenile court, in accordance with the hearing results, finds protective measures ought not to be applied or are not appropriate, it shall deliver a ruling not to apply protective measures.
Paragraph 2 of Article 28, Paragraphs 3 and 4 of Article 29 shall apply mutatis mutandis where the juvenile court finds protective measures not appropriate and delivers a ruling not to apply protective measures in accordance with the foregoing paragraph.
Article 42
After hearing a case, the juvenile court shall, besides dispositions in the foregoing two (2) articles, deliver a ruling of the following protective measures:
1. to pronounce a reprimand, which may be supplemented by consultation during vacation;
2. to send a juvenile under probation, which may be supplemented by labor services;
3. to send a juvenile to an appropriate welfare or cultivation institution, health care institution or an institution that implements transitional education or other appropriate measures for placement;
4. to send a juvenile to a correction institute for corrective education.
The court may pronounce the following relevant dispositions before or at the same time it orders protective measures in accordance with the foregoing paragraph where a juvenile has one of the following circumstances:
1. where a juvenile is addicted to narcotics, anesthetic, or alcohol, he/she may be sent to a relevant treatment center;
2. where a juvenile is physically or mentally ill, he/she may be sent to a relevant treatment center for rehabilitation.
The duration of a disposition pronounced in accordance with Paragraph 1 does not need to be specified.
Paragraphs 3 and 4 of Article 29 shall apply mutatis mutandis where a juvenile court delivers a ruling of protective measures in accordance with Paragraph 1.
Prior to delivering a ruling in accordance with Paragraph 1, where necessary, the juvenile court may consult the opinions of appropriate agencies or institutions, schools, organizations, or individuals, as well as convene or integrate relevant meeting on welfare services, placement counseling, health care, schooling, vocational training, employment services, family treatment programs, or other resources and services that meets the needs of the juvenile concerned.
The forgoing paragraph shall apply mutatis mutandis to situations of Article 26, Article 28, Article 29 Paragraph 1, Article 41 Paragraph 1, Article 44 Paragraph 1, Article 51 Paragraph 3, Article 55 Paragraphs 1 and 4, Article 55-2 Paragraphs 2 to 5, Article 55-3, Article 56 Paragraphs 1 and 3.
Article 43
Rules regarding confiscation in the Criminal Code or other laws shall apply mutatis mutandis to rulings made in accordance with Articles 28, 29, 41, and the foregoing article.
A juvenile court may confiscate items used or acquired for acts listed in Article 3, Paragraph 1, Subparagraph 2 where if deems those items not suitable to be returned.
Article 44
A juvenile court may, if necessary, deliver a ruling to send a juvenile to a juvenile investigation officer for observation for a duration not exceeding six (6) months in order to determine whether the application of protective measures is appropriate and which protective measures should be applied.
In order to conduct the observation in the above paragraph, a juvenile court may, after consulting the opinions of a juvenile investigation officer, send the juvenile to an appropriate institution, school, organization, or individual under instruction of the juvenile investigation officer.
A juvenile investigation officer shall file a report detailing the results of the observation, to be accompanied by concrete suggestions.
A juvenile court may change the duration of observation or terminate the observation on its own initiative or upon request by the juvenile investigation officer.
Article 45
Where a person subject to protective measures is further sentenced of imprisonment or heavier punishment by a final judgment, the juvenile court that imposed the protective measures concerned may revoke the disposition of protective measures by ruling.
Where a person subject to protective measures is further subject to rehabilitative disposition by a final ruling, the juvenile court that imposed the protective measures concerned shall pronounce the disposition to be executed by ruling.
Article 46
Where a person subject to protective measures is further subject to protective measures in another case, both of the disposition has been finalized, the juvenile court that imposed the latter disposition may determine the disposition to be executed by a ruling.
Upon pronouncing the ruling for execution in accordance with the foregoing paragraph, the other disposition shall be deemed revoked whether they have been executed or not.
Article 47
Where a juvenile court, after pronouncing a disposition of protective measures, finds itself devoid of jurisdiction, it shall revoke the disposition of protective measures in question by ruling and transfer the case to a competent court which has jurisdiction to hear the said case.
An institution that executes the protective measures shall notify the juvenile court upon discovering information that sufficiently shows the circumstances provided in the foregoing paragraph.
Article 48
The juvenile court shall serve the original copies of its ruling to the juvenile concerned, his/her statutory agent or a person who currently protects the juvenile, his/her assistant, and the victim, as well as notify the juvenile investigation officer.
Article 49
Unless otherwise prescribed in this Act, provisions of the Code of Civil Procedure regarding the service of documents shall apply to the servicing of legal documents of this Act.
Service of documents in accordance with the forgoing paragraph may not be done by constructive notice to the juvenile, his/her statutory agent, a person who currently protects the juvenile, his/her assistant, the victim or his/her statutory agent whose personal information sufficient for identification is prohibited to be disclosed in accordance with the law.
Service of documents may not disclose personal information sufficient for the identification of the juvenile or other persons whose identity shall be kept secret in accordance with the law on an envelope, service certificate, service notice or other documents that is disclosed to the public.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)