Chapter 13 Parole
Where an inmate meets criteria for parole, the prison shall file the inmate’s parole application to the parole board for a decision and report the decision to the Ministry of Justice for review.
Inmates receiving compulsory physical and mental treatment or counseling education in accordance with Subparagraph 3, Paragraph 2, Article 77 of the Criminal Code shall submit records of treatment or counseling and the individual evaluation report on the effectiveness of self-control and recidivism prevention. Where recidivism is evidently possible, the inmate may not file a parole application.
Regulations governing the processing procedures, evaluation mechanisms, and other relevant matters regarding the compulsory physical and mental treatment or counseling education in the preceding paragraph shall be prescribed by the Ministry of Justice.
The parole review shall include the review of the inmate’s criminal offense, behavior in prison, criminal records, effectiveness of the edification or correctional treatment, after-care plan, and other relevant matters to determine the inmate’s repentance.
The Ministry of Justice shall establish reference standards for reviewing parole applications in accordance with the contents of the preceding paragraph and publish the standards in a suitable manner.
Before the prison schedules a parole hearing, it shall provide the inmate with an opportunity to express his/her opinions.
The inmate may file a request to the prison to read, copy, or duplicate information related to the parole review. However, this provision shall not apply if the information meets conditions specified in Paragraph 1, Article 18 of the Freedom of Government Information Law or Article 18 of the Archives Act.
The Ministry of Justice shall, based on a decision reported by the prison for the parole application, decide to approve or disapprove the parole. Where the Ministry deems the reasons specified in the original decision or the underlying information to be incomplete, it may notify the prison to provide an amendment. Where the information is not amendable, the application may be rejected.
Where the Ministry of Justice decides not to grant parole, unless the inmate applying for parole has received promotion, the prison may only file another application after four months have elapsed. However, where an inmate is subsequently rewarded due to performance listed in Subparagraph 5 to Subparagraph 7, Paragraph 1 of Article 84, the prison may file an application one month earlier.
A prison shall set up a parole board which shall have seven to eleven members. The board shall have ex-officio members including the warden and two representatives assigned by the warden and other members selected by the prison from individuals with relevant professional knowledge in psychology, education, law, criminology, prison studies, juvenile detention, social work, or other fields. The candidates shall be reported to the supervisory authority and appointed after the supervisory authority grants approval. Neither gender shall constitute less than one-third of all members.
A prison may entrust a correctional institution at the place of its branch to conduct inmate parole review matters for those inmates housed in branches.
Regulations governing the procedures, documents, and information required for filing parole applications in Article 115, the term of the members of the parole board in Paragraph 1, method of convening meetings, review items, recusal of members, release procedures, and other relevant matters shall be prescribed by the Ministry of Justice.
Where the sentence of an inmate on parole is changed, the prison shall recalculate the sentence in accordance with Article 77 of the Criminal Code after receiving relevant execution instruction. It shall also report the results to the parole board for a decision before reporting to the Ministry of Justice to decide whether to uphold or cancel the grant of parole.
Where the grant of parole is upheld in accordance with the preceding paragraph, the supervisory authority shall notify the prosecutors office corresponding to the court which made the final judgment regarding the facts of offense stated in the parole application to petition to the court for a ruling on placing the inmate on probation. Where the grant of parole is canceled, the prison shall notify the commanding prosecutors office to arrange subsequent matters.
Where the parole period has expired and the parole has not been revoked under circumstances prescribed in Paragraph 1, the number of executed probation period shall be counted as time served; where the parole has not expired, the number of executed probation period shall be counted toward future parole and probation period.
Where an inmate commits a gross violation of disciplinary rules after the parole is granted but before the release, the prison shall immediately report to the Ministry of Justice to terminate the parole. It shall also immediately report to the parole board to reach a decision before reporting to the Ministry of Justice to cancel the parole. If the Ministry of Justice does not approve the cancellation of parole, the decision to terminate the parole shall be invalidated.
Where the inmate disputes the decision to terminate the parole, he/she may only state his/her objection when filing a statement against the decision on cancellation of parole.
Where an inmate disagrees with the decision to cancel parole in the preceding paragraph or a decision to deny parole, he/she may file a petition to the Ministry of Justice within the ten (10) days starting from the next day following the delivery of decision to the inmate. The same shall apply to an inmate released on parole who claims that the revocation of his/her parole is unjust.
The petition in the preceding paragraph does not stop the execution of the decision.
Where an inmate files a petition to the prison within the period specified in Paragraph 1, he/she shall be deemed as having filed the petition within the petition period.
An inmate may appoint a lawyer to act as his/her agent for filing petitions in accordance with the preceding article and initiating legal remedy in accordance with Paragraph 1 of Article 134. The lawyer shall provide a power of attorney to the Ministry of Justice or court.
With the approval of the Ministry of Justice or the court, the inmate or the agent may be present with an assistant.
Where the Ministry of Justice or court deems it necessary, it may order the inmate or the agent to be present with an assistant.
Where the Ministry of Justice or court deems the assistant specified in the two preceding paragraphs to be unfit, it may revoke the approval for the assistant or prevent the assistant from making statements.
Statements made by the assistant to which the inmate or agent does not immediately object shall be deemed as their own statements.
The Ministry of Justice shall set up a petition review panel to process petitions. The petition review panel shall have nine members, including four representatives of the Ministry of Justice or its subsidiary authorities and five scholars, experts, or impartial community members. A member assigned by the Minister of Justice shall serve as the chair. Neither gender shall constitute less than one-third of all members.
A petition form must be filled out to file a petition. The petition shall provide the following information and sign or affix a seal on the form:
1. Name of the petitioner; the name and address of the appointed agent or assistant, if applicable;
2. Facts of the petition;
3. Reasons for filing the petition;
4. Date of the petition.
Where the petition review panel deems the petition form to be non-conforming to the prescribed formality and the deficiency is not amendable, it shall notify the petitioner to complete an amendment within five (5) days.
Meetings of the petition review panel shall be convened only if more than half of the total members attend the meeting. Decisions shall be made only with the consent of more than half of the members present in the meeting. Where the consenting and dissenting votes are the same, the decision shall be made by the chair.
When the petition review panel makes a decision, the number of recused members will not be included in the calculation of the number of members in attendance.
A member of the petition review panel having any of the following situations should recuse himself/herself in the petition case and may not participate in voting on a decision:
1. The member is or was the spouse, blood relative within fourth degree of kinship, relative-in-law within third degree of kinship, parent, or family members of the petitioner;
2. The member is or was the agent, defense attorney, or assistant of the petitioner;
3. The member is the petitioner or the respondent of petition currently filed by the petitioner, or was the respondent of a petition previously filed by the petitioner.
Where there are specific facts showing that the member of the petition review panel may be biased in regards to the petition, the petitioner may apply to the petition review panel for recusal of the member from the case by citing reasons and facts.
The application in the preceding paragraph shall be determined by the petition review panel.
Where the petitioner disagrees with the petition review panel’s decision to reject the application, the petitioner may file a request to the Ministry of Justice for review and decision within five (5) days. Except where there is a legitimate reason, the Ministry of Justice shall take appropriate actions within ten (10) days.
Where the petitioner disagrees with the Ministry of Justice’s decision in its review, it may only state his/her objection when initiating an administrative litigation against the actual decision.
Where a member of the petition review panel has a situation described in Paragraph 1 but fails to recuse himself/herself and the petitioner has not applied for the member’s recusal, the Ministry of Justice shall order the recusal of the member based on its authority.
The petitioner may withdraw a petition after filing the petition but before the decision is delivered to the petitioner. Where a petition is withdrawn, the petitioner may not file another petition based on the same reasons and facts.
The petition review panel shall render a decision within two months starting from the next day following the acceptance of the petition.
Where a notice for amendment is issued in accordance with Article 125, the period in the preceding paragraph shall be calculated from the next day following the receipt of amendment by the review panel. Where the petitioner fails to provide amendment, the two-month period shall be counted starting from the next day after the expiry of the amendment period.
Where a decision on a petition cannot be made within the period specified in Paragraph 1, the period may be extended once for a period of not more than two months, and the petitioner shall be notified.
Where the inmate objects to the petition decision, where a decision is not made within two months after the petition is filed, or where the petition decision is extended for more than two months and a decision has not been made, the appellant may file an administrative suit in accordance with this Act.
The petition review panel shall notify the petitioner, appointed agent, and assistant to attend and state opinions when reviewing a petition. The petitioner’s statement may be presented in writing, by video or audio, video conference, telephone, or other means.
Where statements in the preceding paragraph are presented in a manner other than writing, the petition review panel shall make a record and ask the provider to sign or affix seal thereon after the statement is read to the provider or read by the provider to confirm its contents. Where the provider of the statement refuses to sign or affix seal thereon, his/her reasons for refusal should be documented. Where the provider of the statement objects to the record, the record should be corrected.
The petition review panel shall render a decision to reject the petition if it deems that the petition meets one of the following conditions:
1. The petition does not concern matters specified in Article 121;
2. The petition is filed past the deadline specified in Article 121;
3. The petition does not conform to the prescribed formality and the deficiency is not amendable or the petitioner is notified to make amendment in accordance with Article 125 but fails to do so within the prescribed period;
4. The petition is filed based on the same reasons and facts for a petition for which a decision has been made or a petition that had been withdrawn;
5. The petitioner is not the subject of the decision specified in Article 121;
6. The original decision has been revoked or changed.
Where the petition is supported by good reason, the original decision shall be revoked or changed.
Where the petition is not supported by good reason, it shall be rejected.
Where the reason for the original decision is inappropriate but the original decision is justified based on other reasons, the petition shall be deemed as meritless.
The petition decision shall specify the following items:
1. The name, date of birth, address, and ID number of the petitioner;
2. The name and address of the appointed agent or assistant, if applicable;
3. Main text, facts and reasons; Facts may be omitted if a decision is rendered to dismiss the petition;
4. Where a suit may be filed in a court in accordance with this Act, the remedial measures, time period for filing, and authority-in-charge shall be specified;
5. The decision-making authority and its chief;
6. The date.
The decision in the preceding paragraph shall be delivered to the petitioner and its appointed agent.
Errors in the statutory period for initiating administrative litigation specified in the petition decision shall be corrected by a notification from the Ministry of Justice. The statutory period shall also be calculated starting from the delivery date of the correction notice.
Where the petition decision does not contain information specified in Subparagraph 4 of Paragraph 1 or where there is an error in the information that is not corrected in accordance with the preceding paragraph and causes the inmate to miss the deadline for filing administrative litigation, administrative litigation filed within three months from the delivery of the petition decision shall be deemed as filed within the statutory period.
Where an inmate disagrees with a decision to cancel parole, deny parole, or revoke parole, and files a petition in accordance with this Act and the inmate disagrees with the decision rendered, or a decision is not made within two months after the petition is filed, or the petition decision is extended for more than two months and a decision has not been made, the inmate may file a revocation suit to the administrative litigation division of the jurisdictional district court at the location of the prison or the place of probation.
Where the status quo ante cannot be restored or is destroyed due to the execution of the decision in the preceding subparagraph but the inmate has a legal interest in obtaining a declaratory judgment from the court, the inmate may file a suit for court declaration of illegal disposition. Where the inmate believes the decision in the preceding paragraph to be invalid and the inmate has a legal interest in obtaining a declaratory judgment from the court, the inmate may file a suit for court declaration of invalid disposition
The suits filed in accordance with the two preceding paragraphs shall be filed in a written format.
The suit specified in the preceding article may not be filed in combination with other suits and the claim for damage compensation may not be combined.
The suits specified in the preceding article shall be filed within thirty (30) days after the delivery of the petition decision.
Where a decision is not made within two months after the petition is filed or where the petition decision is extended for more than two months and a decision has not been made, the suit in the preceding article may be filed only after the expiry of the deadline for the decision. However, a suit may not be filed after six months have elapsed since the expiry of the deadline for the decision.
The provisions of Paragraph 1 of Article 111, Article 113, and Article 114 shall apply mutatis mutandis to litigation in Article 134.
The Ministry of Justice may delegate the Agency of Corrections to review, uphold, terminate, cancel, and revoke paroles, and exercise rights regarding petition review and relevant matters in this Chapter.