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

Print Time:2024/04/20 01:44
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Chapter Law Content

Title: Prison Act CH
Category: Ministry of Justice(法務部)
Chapter 11 Rewards, Punishments and Indemnification
Article 83
Inmates shall be rewarded in accordance with rules and regulations and rewards may also be meted out for any of the following behaviors:
1. Reported another inmate’s attempted escape, act of violence, or plans for escape or act of violence.
2. Saved a life or captured an escapee.
3. Made a contribution in urgent matters during a natural disaster, incident, or epidemic.
4. Outstanding work performance.
5. Special contribution which enhances the reputation of the prison.
6. Special design for work techniques, products, machines, equipment, sanitation, medicine, etc. which is deemed as useful.
7. Insightful suggestions on improving internal and external management of the prison;
8. Other outstanding behaviors that merit rewards.
Article 84
Rewards specified in one or multiple subparagraphs below may be granted for behaviors specified in the preceding article:
1. Public commendation.
2. Increase in scores given;
3. Gift of books or other prizes;
4. Increasing the number of visits and correspondences permitted;
5. Issuance of a certificate of merit;
6. Giving a certain amount of money;
7. Other special rewards.
Regulations governing the criteria for the rewards in the preceding paragraph, the types, recipients, implementation methods, procedures, and other requirements for the special rewards in Subparagraph 7 shall be prescribed by the Ministry of Justice.
Article 85
A prison may not punish an inmate unless the punishment is pursuant to this Act or other laws. An inmate may not be punished twice for the same incident.
Article 86
Where an inmate adversely affects the order or security of the prison, the prison may implement punishments in one or multiple subparagraphs below:
1. Reprimand;
2. Suspension of delivery of food from outside parties for three to seven days;
3. Suspension of the inmate’s own purchases of non-essential items for seven to fourteen days;
4. Transfer to a housing area for rule breakers for fourteen to sixty days.
Regulations governing action patterns that adversely affect prison order or security in the preceding paragraph, the type and duration of punishment, management, limitations, and prohibitions in a housing area for rule breakers, and other requirements shall be prescribed by the Ministry of Justice.
Article 87
Before the prison imposes punishment pursuant to this Act or other laws, it shall give the inmate an opportunity to express his/her opinions and inform the inmate of the facts of violation and the punishment imposed.
Where the inmate’s violation is minor or evidently forgivable, the punishment may be waived or postponed.
Where the inmate contracts a disease or where there are other special reasons, the punishment may be suspended.
If deemed necessary, the prison may segregate an inmate from other inmates for the investigation of the inmate’s alleged violation. However, such segregation may not last more than twenty (20) days.
Article 88
Where the punishment is waived or postponed in accordance with Paragraph 2 of the preceding article, if the punished inmate has shown remorse for more than one month, the punishment may be revoked.
Where the punishment is suspended in accordance with Paragraph 3 of the preceding article, the implementation of the punishment may continue after the reason for the suspension ceases to exist. However, if the punishment is suspended for more than six months, it shall no longer be executed.
Where the punished inmate has shown remorse in the execution of the punishment, the punishment may be terminated.
Article 89
Where an inmate damages utensils, finished products, materials, or other objects intentionally or due to gross negligence, the inmate shall pay indemnification for the damages.
Where the inmate fails to pay indemnification specified in the preceding paragraph, the prison may deduct the amount from the inmate’s money under safekeeping or labor wage.
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