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

Print Time:2024/04/24 12:59
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Chapter Law Content

Title: Detention Act CH
Category: Ministry of Justice(法務部)
Chapter 2 Admission
Article 7
When a detention center admits a defendant, the detention center shall examine the writ of detention signed by the court together with the identification of the defendant.
A detention center should refuse to accept a defendant in the absence of a writ of detention mentioned in the preceding paragraph.
Article 8
A detention center shall assign an identification number and produce a record of the defendant’s personal identification and name after a defendant is admitted to the detention center.
Article 9
A detention center shall investigate relevant information of a defendant upon receiving the defendant.
To implement the aforementioned investigation, a detention center may, within the necessary scope, collect, process, or use the personal information of each defendant, and request relevant authorities (agencies), legal entities, organizations, or individuals to provide relevant information, to which authorities (agencies), legal entities, organizations, or individuals may not refuse without a legitimate reason.
Regulations governing the scope, period, procedures, methodology, review, and other requirements for the investigation of defendant information specified in Paragraph 1 shall be prescribed by the Ministry of Justice.
Article 10
Where a female defendant newly admitted or already admitted to a detention center requests to bring her children under three years of age with her, the detention center may submit relevant information to the social welfare authority of the municipal or county (city) government at the location of the children’s household registration, and allow the request if the social welfare authority deems that it is in the best interest of the children after an evaluation.
The evaluation period for the social welfare authority of the municipal or county (city) government in the preceding paragraph shall be limited to two months and the evaluation report shall be delivered to the detention center.
The detention center may temporarily accommodate the children of a newly admitted or already admitted female defendant during the evaluation period specified in the preceding paragraph.
Children entering a detention center with their mothers may stay until they are three years old at the most. However, if it is deemed by the social welfare authority mentioned in Paragraph 1 that it is in the best interest of the children to stay in the detention center, the detention center may extend their stay until the children reach three years and six months of age.
If a child residing in the detention center has any of the following conditions, the detention center shall notify the social welfare authority of the municipal or county (city) government at the location of the children’s household registration to conduct visit and evaluation, arrange a transfer to other placement facilities, or take other necessary actions:
1. The child exhibits fear, social withdrawal, or other conditions that evidently indicate that accommodation in the detention center is unsuitable for the child;
2. The child reaches three years of age or his/her extended accommodation according to the proviso of the preceding paragraph expires;
3. The accommodation of the child in the detention center is deemed not in his/her best interest based on the evaluation in Paragraph 1; or
4. The child is required to leave detention center due to changes in circumstances.
The provisions of the five preceding paragraphs shall apply to children given birth by defendants in the detention center. However their birth certificates may not include matters related to the detention.
For the care of children residing in the detention center, the detention center shall arrange space for activities and provide necessary facilities or equipment. They may also consult social welfare and relevant authorities (agencies), legal entities, organizations, or individuals to assist in related education and guidance for the children of defendants. The social welfare authority of municipal or county (city) government at the location of the children's household registration should provide necessary assistance for the accommodations of children in a detention center.
Where necessary, the social welfare authority of municipal or county (city) government at the location of a child’s household registration may entrust the social welfare authority of another municipal or county (city) government to undertake matters set out in Paragraph 1, Paragraph 2, Paragraph 4, Paragraph 5, and the preceding paragraph.
Article 11
Every defendant shall receive a health examination upon arrival at a detention center, to which the defendant may not refuse; a defendant having any of the following situations shall be placed in the patient ward, segregated, escorted to a hospital or subject to other appropriate treatments, and the detention center shall report to the court that issues the detention order or the prosecutor immediately:
1. There are objective facts adequately showing that the defendant lacks the cognitive abilities to handle his/her own affairs due to his/her physical or mental conditions;
2. The defendant is suffering from an illness that his/her life may be in danger while under detention;
3. The female individual is pregnant for more than five months or has given birth less than two months prior;
4. The individual suffers from a notifiable communicable disease and his/her detention may cause cluster infection;
5. The defendant suffers from frailty or physical or mental disability and cannot take care of himself/herself in detention center; or
6. The defendant has obvious physical wounds and states that he/she has been subject to torture.
If a defendant has any situation under Subparagraph 1, 2, or 6 of the preceding paragraph, and the detention center knows that the defendant has a defense attorney, the detention center shall notify the defense attorney.
The examination specified in Paragraph 1 shall be administered by a doctor who may also perform necessary medical procedures. Where deemed necessary after the examination, the detention center may engage other outside professionals to provide assistance.
Where the examination specified in Paragraph 1 cannot be administered in the detention center, the detention center may escort the defendant under guard to a hospital for examination.
Where a defendant who is denied visits and correspondence by the court that issues the detention order has a situation described in the preceding paragraph, the detention center should, by its vested authority or at the request of the defendant, submit the diagnosis and relevant information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a hospital for examination. However in case of urgency, the detention center may first escort the defendant to a medical institution for examination and inform the court that issues the detention order immediately. If the court does not think examination at a hospital should be allowed, it shall issue a ruling of revocation in five (5) days.
Where a defendant who is denied visits and correspondence by the court that issues the detention order has a situation that requires escort to a hospital according to the latter section of Paragraph 1, the detention center should, by its vested authority or at the request of the defendant, submit the defendant’s diagnosis information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a hospital for treatment. However in case of urgency, the detention center may first escort the defendant to a medical institution for treatment and inform the court that issues the detention order immediately. If the court does not think treatment at a medical institution should be allowed, it shall issue a ruling of revocation in five (5) days.
Article 12
To maintain order and security of the detention centers and prevent the inflow of contrabands, the body, clothes, and belongings of a defendant shall be examined upon arrival at a detention center. Where necessary, a detention center may collect the urine samples of defendants and use technical equipment to aid the examination.
Where a defendant is required to strip for physical examination specified in the preceding paragraph, the examination shall be conducted in a shielded area and the detention center must exercise due care to protect the privacy and dignity of the defendant. Examination of male defendants shall be conducted by male officers while examination of female defendants shall be conducted by female officers.
Invasive examination is not allowed unless there is substantial evidence showing that the defendant may conceal contrabands or other items that may endanger the order and security of the detention center. Where an invasive examination is necessary, the approval of a senior detention center official is required and the examination shall be administered by medical personnel.
To verify the identity of a defendant, a detention center should take photograph and fingerprints or record other physical characteristics of the defendant. It may also use technical equipment to assist in the identification.
Article 13
After a defendant is admitted to a detention center, he/she shall be allowed to notify designated relatives, friends and defense attorney; provided, however, that if defendant is denied correspondence by the court that issues the detention order or the prosecutor, the detention center should make such notification on his/her behalf.
The notification made by a detention center on behalf of a defendant under the preceding paragraph should include the following information:
1. The location at where the defendant is detained.
2. The reasons for defendant’s detention.
3. The provisions in Article 27 of the Code of Criminal Procedure that allows a defendant to retain defense attorneys.
Article 14
Defendants shall be informed of the following matters when they receive instructions upon arrival at a detention center. The detention center shall also produce manuals and deliver them to defendants for information:
1. Rules of the detention center.
2. Visit and correspondence matters.
3. Rewards and punishments.
4. Regulations for petition, complaint, and legal remedy.
5. Sanitation, health, and medical matters.
6. Rules for safekeeping of money and personal items.
7. Legal assistance information.
8. Other matters to be noted.
Where a defendant is disabled, does not speak a language of the Republic of China, or has other reasons that prevent him/her from understanding the meaning of contents specified in the subparagraphs of the preceding paragraph, the detention center shall provide suitable assistance.
Important regulations, administrative rules, and interpretations of laws related to the rights and obligations of defendants under detention should be published in an appropriate manner so defendants are sufficiently informed.
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