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Chapter 4 Administrative Immediate coercion
Article 36
In the interest of preventing crime, dangerous situations, avoiding imminent danger, and there is the need for immediate disposition, administrative immediate coercion shall be executed.
Administrative immediate coercion shall process as follows:
1. Physically restraining the person.
2. The retaining, use, disposing, or limiting the use of objects.
3. Entering residence, buildings, or other places.
4. Other necessary disposition by statutory authority.
Article 37
Placing a person under physical restraint is limited to the following circumstances:
1. It is necessary to place a person who is insane or intoxicated under physical restraint to prevent his or other people's life and body from being endangered.
2. It is necessary to place a person under physical restraint to prevent his suicide.
3. It is necessary to place a person who commits an act of violence under physical restraint to prevent any harm.
4. If there are any circumstances that a person needs to be rescued or public security may be endangered, and it can only be prevented by physical restraint.
The time for the physical restraint mentioned in the preceding paragraph shall not exceed 24 hours.
Article 38
To avoid a danger, an implement of war, a dangerous weapon, or other dangerous articles may be seized if necessary.
Unless the seized objects shall be confiscated, forfeited, destroyed or reimbursed financially, the time to retain the seized object cannot exceed 30 days. The time can be prolonged no more than 2 months before the reasons for seizure disappear.
If the object is no longer necessary to be seized, it shall be returned; if it is not picked up or it cannot be returned, the ownership shall return to the Treasury; it is the same for the seized object reimbursed financially.
Article 39
If it is necessary to use, dispose or limit the use of the land, residence, building or objects for the purpose of preventing the danger caused by force majeure, accident, or preventing danger lying on traffic matters, hygiene matters or public security, the use, disposition or limit is allowed.
Article 40
Entering a residence, building, or other places is only allowed when a person's life, body or property is in imminent danger and need rescue.
Article 41
A person suffering special loss of life, body or property as a result of the administrative immediate coercion executed by the enforcement authority according to law may claim for reimbursement, except when the loss is imputable to the person.
The reimbursement in the foregoing paragraph shall be made in money only for the real special loss.
Anyone disagreeing with the decision on the reimbursement made by the enforcement authority may file an appeal and initiate an administrative litigation according to the law.
The claim shall be honored by the enforcement authority within 2 years from the date when the loss became known to the person, the person shall claim a reimbursement for the loss. If it is after 5 years since the loss, the person cannot claim a reimbursement for the loss.