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Chapter Law Content

Chapter I General Provisions
Article 1
This Act is hereby enacted to safeguard the sound self-development of the juveniles, to adjust their growth environment, and to rectify their character.
Article 1-1
Matters in relation to juvenile protection and juvenile criminal cases shall be dealt with in accordance with the provisions of this Act; matters not covered by this Act shall be governed by other relevant statutory laws.
Article 2
A juvenile referred to in this Act is a person who has reached the age of twelve (12) years but under the age of eighteen (18) years.
Article 3
The following matters shall be dealt with by the juvenile court in accordance with this Act:
1. Where a juvenile commits a crime under the criminal laws;
2. Where a juvenile is found to have been subject to one of the following situations and it is considered that there is necessity to safeguard the sound self-development of the said juvenile:
(1) habitually carrying of weapons and firearms without justifiable cause;
(2) using narcotics or hallucinogenic drugs even though such an act does not constitute a punishable statutory offense;
(3) preparing or attempting to commit a crime that is not punishable by the statutory law.
Whether the necessity to safeguard referred to in the foregoing paragraph exists shall be assessed by taking all relevant circumstances into account, such as the character, environment, people in frequent association with, groups participated in, places frequented, daily life, family function, school attended or working environment of the juvenile concerned.
Article 3-1
In conducting an interview or interrogation with a juvenile, a notice shall be sent to the statutory agents, the persons who currently protect the juvenile or any other appropriate persons so that they may accompany the said juvenile. The foregoing shall not apply to situations where a notice has been sent accordingly but the relevant persons fail to be present without justifiable cause, or where issuing such a notice is not feasible due to shortage of time.
As to a matter where the law requires a juvenile to be escorted to the juvenile court within twenty-four (24) hours, time spent in awaiting the accompanying persons specified in the above paragraph to be present shall be noted but shall not be counted against the said twenty-four (24) hours. In any event, the sum total of the awaiting time shall not exceed four (4) hours.
Where a juvenile is incapable of making a complete statement due to psychological disorder or other mental disabilities, he/she, where necessary, shall be assisted by experts in children or adolescent mental health or other fields.
Where a juvenile being interviewed or interrogated is not familiar with the language used, he/she shall be assisted by an interpreter. Where a juvenile is with hearing, language, or multiple disabilities, in addition to being assisted by an interpreter, he/she shall be permitted to be interviewed or interrogated by using written words, sign language or other appropriate means, and shall be permitted to express himself/herself by those means.
Article 3-2
In conducting an interview or interrogation with a juvenile, he/she shall beforehand be informed of the following:
1. the legal grounds and facts of the criminal offense or the delinquency prescribed in Subparagraph 2, Paragraph 1 of Article 3 he/she is suspected to commit; where the juvenile concerned, after being informed, is of the view that the suspected offense or delinquency should be modified, the legal grounds and facts of the modified offense or delinquency;
2. that he/she may remain silent and does not have to make a statement against his/her will;
3. that he/she may appoint an assistant; and that he/she may apply for legal assistance if that is what is enabled in accordance with statutory law and regulation;
4. that he/she may apply investigation into the evidence that is favorable to him/her.
Where the juvenile concerned indicates that he/she has appointed an assistant, the interview or interrogation shall be immediately stopped awaiting the presence of the assistant. The foregoing shall not apply to situations where the juvenile concerned, his/her statutory agent, or a person who currently protects the juvenile apply for or agree with the continuation of the interview or interrogation.
Article 3-3
In conducting an interview or interrogation with a juvenile, escorting or keeping him/her in waiting, the juvenile shall be kept in separate custody with a suspect or defendant of an ordinary criminal matter, unless it is deemed necessary for the said juvenile to be confronted or examined.
Article 3-4
Where a juvenile is interviewed or interrogated continuously, he/she may be given appropriate time for rest. Interview or interrogation with a juvenile may not be conducted during nighttime, except:
1. when there is an emergency;
2. when the interview or interrogation is conducted to ascertain the identity of the juvenile;
3. when an immediate interview or interrogation is requested by the juvenile concerned, the statutory agents, or the persons who currently protect the juvenile.
The nighttime referred to in the previous paragraph means time before sunrise and after sunset.
Article 4
Where a juvenile delinquency shall be tried by a military tribunal in accordance with the law, the juvenile court may apply the provisions of this Act to the said matter.