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Chapter Law Content

Title: Police Power Exercise Act CH
Category: Ministry of the Interior(內政部)
Chapter 3 Real-time Compulsion
Article 19
The police may bring a person under control if he/she meets the following conditions:
1. Being insane or drunk to the degree that makes restraint necessary in order to avert a situation that may endanger his/her life or prevent danger to the life or health of another person.
2. Attempting to commit suicide in which a fatality cannot be averted without restraint.
3. Being engaged in violent acts or fighting, that will result in injury without restraint.
4. Other rescues that can’t be done or other risks that can’t be prevented if no restraint is imposed.
The police shall also immediately and adequately notify his family or other related people or suitable institutions or personnel of their release or release the controlled persons into their protection.
When implementing the police place a person under control in accordance with the provision prescribed in paragraph 1, they may search the body and the belongings of the person.
Article 20
The police , when necessary, may use police handcuffs or other approved physical restraining devices on people detained or placed under control in accordance with law under any of the following circumstances:
1. They resist detention or control measures.
2. They attack the police or other people, destroy the belongings of the enforcers or other people, or are at risk of launching attacks or causing damage.
3. They attempt to commit suicide or hurt themselves, or are likely to commit suicide or hurt themselves.
When the police verify people’s identity or make inquiries, they shall not make people give statements in accordance with provisions that regulate control.
Article 21
For the need to prevent danger and harm, the police may seize military weapons, lethal weapons or other dangerous objects.
Article 22
The police shall issue a list of objects seized in accordance with law stateing the time, place of the seizure, names of the objects seized, other necessary items, and the name of the owner, possessor, or custodian who hands over the objects. When the list cannot be issued, given the circumstances, the grounds shall be given and placed on record and attached.
Objects that are seized in accordance with law shall be sealed or labeled to ensure proper custody. When the nature of the objects makes them unsuitable to be kept by the police, other authorities or individuals may be commissioned to keep them and the owner, possessor, or custodian of the objects shall be notified. When it is necessary, the keeper may be the relevant party who can dispose.
Except for those that shall be forfeited, destroyed, or sold for a payment to be returned, the objects prescribed in the preceding paragraph shall not be seized for more than 30 days. If the ground for the seizure persists, the duration of seizure may be extended but the extension shall not exceed two months.
Article 23
Seized objects with one of the following conditions may be sold:
1. They are likely to rot or their value is likely to depreciate significantly.
2. They are too expensive or difficult to be kept, cared for, or possessed.
3. They have been seized for over six months, cannot be returned to their original owners, possessor or custodians and no longer under the condition that makes their being placed under custody necessary.
4. The original owners, possessors or custodians do not claim their objects by the given deadline upon the notification that clearly indicates that the objects will be sold if they are not claimed within three months after the notification.
Before the objects set forth in the preceding paragraph are sold, their original owners, possessors or custodians shall be notified of the procedures, time and place of the sale unless it is an emergency.
The sale of objects shall be done openly. Objects determined to be difficult to be sold because of their nature or that the cost of the sale will exceed the income from the sale shall be disposed in a private and arbitrary manner. The objects set forth in subparagraphs 3 and 4 of paragraph 1 that are not sold within six months shall belong to their respective governments and shall be used by the community. The original owners, possessors or custodians of objects under subparagraph 4 of paragraph 1 shall be notified how the objects are disposed.
The seized objects that cannot be sold because of decomposition or decay, among other reasons, may be destroyed.
The notification provisions prescribed in paragraph 2 shall apply to the preceding paragraph.
Article 24
When it is no longer necessary to keep the seized objects, they shall be returned to their original owners, possessors, or custodians. When their original owners, possessors, or custodians are unknown, they may be returned to people proven to have the right to the said objects.
The cost of seizure and custody fees shall be borne by the original owners, possessors, or custodians. Upon the return of the seized objects, the costs of seizure and custody may be collected.
After the objects are sold, the income shall be given to the people prescribed in paragraph 1 after the costs of seizure, custody, sale, and other necessary expenses are deducted. When the people prescribed in paragraph 1 are unknown and no one applies for transfer of the money after the announcement has been posted for one year, the money shall go to the treasury of the governments at the respective level.
Article 25
To provide safeguards, the police may as a final resort use, dispose, or restrict the use of the lands, residences, buildings, or belongings of the people in cases of natural disasters, accidents, or a situation in which traffic or public safety is endangered.
Article 26
The police may as a final resort enter residences, buildings, or other places in order to protect or rescue people in imminent danger to personal life, physical safety or property loss.
Article 27
To prevent danger or harm, the police may temporarily repel or prohibit access of people or vehicles that pose obstruction while exercising their powers.
Article 28
To prevent or eliminate on-going acts or situations that may endanger public safety, public order or personal life, health, freedom, reputation, or property, the police may exercise the power stipulated in this Act or take other necessary measures.
The powers exercised or measures taken in accordance with the provisions prescribed in the preceding paragraph by the police shall be limited to the endangerment that other authorities are unable to or cannot stop or remove in time.