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

Print Time:2024/07/28 00:30
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Chapter Law Content

Chapter V Supplementary Provisions
Article 83
No one may disclose in media, information, or make public records or photos related to juvenile protection or a juvenile criminal matter, so that a reader may have sufficient data to identity a juvenile being investigated or tried in a juvenile protection or as a defendant in a criminal matter.
The competent authority shall impose sanctions on any violations against the foregoing paragraph in accordance with applicable laws.
Article 83-1
Two (2) years after the completion of the disposition made in accordance with Article 29, Paragraph 1; or three (3) years after the completion of execution of the protective measures or sentence or being pardoned; or after the finalization of a ruling not to submit the case for hearing or to protective measures, the juvenile concerned shall be deemed to have never been pronounced such dispositions.
Where circumstances in the foregoing paragraph or one of the following circumstances apply to a juvenile, the juvenile court shall notify the institution which preserves the juvenile’s criminal records and relevant data to remove such data:
1. where the time period of pronouncement of probation has been fulfilled and has not been revoked, or the judgments of not guilty, dismissal, or not to proceed have been finalized;
2. where the prosecutor’s office notifies the juvenile court of the fact that the time period of deferred prosecution has been fulfilled and has not been revoked;
3. where the prosecutor’s office notifies the juvenile court of the fact that the non-prosecutorial disposition has been finalized and there is no need to transfer the matter to the juvenile court to be handled as a matter of juvenile protection.
Unless otherwise provided in this Act or there exists one of the following circumstances, the juvenile court and any other agency, institution, organization or individual may not provide the records or data specified in the foregoing paragraph:
1. The provision of records or data is in the interest of the juvenile himself/herself;
2. The provision of records or data has obtained the consent of the juvenile, taking into account his/her age, degree of physical and mental development, and his/her opinions. Where necessary, consultations with the juvenile’s statutory agent or a person who currently protects the juvenile should be made.
Regulations on the removal, use, keeping, provision, statistics and research on records and data of a juvenile’s criminal matters shall be prescribed by the Judicial Yuan.
Article 83-2
A person who violates the foregoing article, by either failing to remove the records or providing the data relevant to a juvenile’s criminal records without good cause, shall be sentenced to a maximum of six (6) months of imprisonment, detention, or a fine under NT$ 30,000.
Article 83-3
A juvenile court may order the deportation of a juvenile of foreign nationality by ruling instead of subjecting him/her to a disposition of transfer, protective measures, or order the probation during the period of sentence suspension.
A juvenile investigation officer or a juvenile protection officer may apply to the juvenile court for a ruling in the forgoing paragraph; prior to making the ruling, the court should give the juvenile, his/her statutory agent or a person who currently protects the juvenile an opportunity to make their views heard, unless the relevant parties, being duly notified in accordance with the law, fail to appear before the court without justifiable cause.
An interlocutory appeal may be filed against a ruling in the foregoing paragraph, to which provisions of articles 61, 63, and 64 shall apply mutatis mutandis.
The deportation of a juvenile of foreign nationality shall be executed by a judicial police agency.
Article 84
Where a juvenile’s statutory agent failed to nurture the juvenile and allowed the juvenile to develop circumstances listed in Subparagraph 1 of Article 3 so as to be subject to protective measures or a pronouncement of criminal offense, or rendering the execution of protective measures difficult to yield desirable results, the juvenile court may order the statutory agent to undertake parenting courses for eight (8) to fifty (50) hours by ruling, so as to enhance his/her capability in performing the parenting functions.
Prior to making the ruling ordering the undertaking of parenting courses, the juvenile court, when necessary, may order the juvenile investigation officer to file an investigation report on the neglect of nurturing in question, to be accompanied by concrete suggestions.
For the execution of the parenting courses, the juvenile court may assign to a juvenile protection officer, and may, taking into account opinions of a juvenile protection officer, delegate the tasks to an appropriate agencies, organizations, or individuals, which should perform the tasks under the instruction of a juvenile protection office.
The parenting courses shall be executed within three (3) years from the day of the ruling; once the period lapses, the execution should cease, or at maximum be executed until the juvenile reaches the age of twenty (20) years. Where it is inappropriate that the parenting courses not to be continued due to factual reasons, the juvenile protection officer shall file relevant evidence in its application of the juvenile court for waiving the execution of the parenting courses.
Where the statutory agent refuses to partake the parenting courses or does not partake the courses in sufficient hours, the juvenile court may sentence him/her a fine of NT$ 3,000 to NT$ 10,000 by ruling; if he/she refuses to take the courses after receiving a second notice, the court may carry the fine on a recurring basis until the parties concerned takes the courses. Once the fine is imposed for more than three (3) successive times, the court may publicly announce the name of the statutory agent by ruling.
The ruling of fine in the foregoing paragraph may constitute the title for compulsory enforcement; the juvenile court shall request the civil compulsory enforcement division of the district courts to carry out execution with execution fees exempted.
Where a juvenile’s statutory agent or guardian has demonstrated a situation prescribed in Paragraph 1 and the said situation is serious, the juvenile court may make a ruling for his/her name to be publicly announced.
A person being subject to a ruling made in accordance with Paragraphs 1, 5 and the foregoing paragraph may file an interlocutory appeal, to which Articles 63 and 64 shall apply mutatis mutandis.
Article 85
Any adult who instigates, helps or uses a person under the age of eighteen (18) to commit a crime or commit a crime together with a juvenile will be aggravated the conviction up to a half of the sentences.
The juvenile court may order the adult in the foregoing paragraph to bear the whole or part of education cost prescribed in Article 60, Paragraph 1 by ruling and may publicly announce the name of the said adult.
Article 85-1
(Deleted)
Article 86
Enforcement rules of this Act shall be prescribed by the Judicial Yuan in consultation with the Executive Yuan.
Rules for trying juvenile protection matters shall be prescribed by the Judicial Yuan.
Rules on the liaison between the juvenile court and relevant administrative agencies in dealing with juvenile protection shall be prescribed by the Judicial Yuan in consultation with the Executive Yuan.
Plans for counseling and prevention of juvenile delinquency shall be prescribed by the Executive Yuan in consultation with the Judicial Yuan.
Article 87
This Act shall come into effect on July 1, 1971.
Apart from amendments to Article 18, Paragraphs 2 to 7 done and promulgated on May 31, 2019, which shall come into effect on July 1, 2023, and amendments to Article 42, Paragraph 1, Subparagraph3 on sending a juvenile to an appropriate health care institution or an institution that implements transitional education or other appropriate measures for placement and deletion of Article 85-1 both of which shall come into effect one (1) year after their respective promulgation, the amended articles of the Law shall come into effective upon promulgation.
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