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Chapter Law Content

Title: Prison Act CH
Category: Ministry of Justice(法務部)
Chapter 17 Supplementary Provisions
Article 149
Open prisons may be set up to encourage inmates to engage in works in production, services, public construction, or other specific operations, and to implement progressive treatment for inmates to gradually adapt to social life. The management and implementation of the treatment therein shall be stipulated in a separate legislation.
Article 150
Transportation expenses payable by the inmate in accordance with Paragraph 2 of Article 60 and Paragraph 2 of Article 62 that are prepaid by the prison may be deducted by the prison from the inmate’s money under safekeeping or labor wage. Where there are no deductible funds, the prison shall issue a written administrative act to order the inmate to repay the expenses within thirty (30) days. Where the inmate fails to do so, the prison may transfer the case to administrative enforcement.
Article 151
Complaints filed before the implementation of the amendment of this Act on December 17, 2019 for which a decision has not been made shall be handled in accordance with the provisions after the implementation of the amendment.
For incidents occurred before the implementation of the amendment of this Act on December 17, 2019 for which a complaint may be filed and the statutory period for seeking a remedy has not expired, a complaint may be filed in accordance with the provisions of this Act within ten (10) days starting from the next day following the implementation date of the amendment.
Where situations specified in Subparagraph 2 and Subparagraph 3, Paragraph 1 of Article 93 occurred before the amendment of this Act on December 17, 2019 and the complaint filing period calculated in accordance with Paragraph 2 of Article 93 has not expired, the complaint filing period shall be set to ten (10) days starting from the next day following the implementation date of the amendment.
Article 152
Appeals for parole accepted before the implementation of the amendment of this Act on December 17, 2019 for which a decision has not been made shall still be processed by the original authority that accepted the appeal in accordance with the Administrative Appeal Act after the implementation of the amendment. Where the appellant disagrees with the decision, where a decision is not made within three months after the appeal is filed, or where the appeal decision is extended for more than two months and a decision has not been made, the appellant may file a suit with the administrative litigation division of the jurisdictional district court in accordance with this Act.
For appeals for parole that may be filed before the implementation of the amendment of this Act on December 17, 2019 for which the statutory period for legal remedy has not expired, a petition may be filed in accordance with this Act within ten (10) days starting from the next day following the implementation date of the amendment.
For parole litigation that may be filed before the implementation of the amendment of this Act on December 17, 2019 for which the statutory period for legal remedy has not expired, a suit may be filed with the administrative litigation division of the jurisdictional district court in accordance with this Act within ten (10) days starting from the next day following the implementation date of the amendment.
Article 153
Motions of objection to revoked parole that are pending in court but not yet concluded before the implementation of the amendment of this Act on December 17, 2019 shall still be processed by the original court in accordance with the Judicial Yuan Interpretation No. Shi-Zi-681 and tried in accordance with the Code of Criminal Procedure after the implementation of the amendment.
The interlocutory appeals and re-appeals of the decision in the preceding paragraph and the interlocutory appeals and re-appeals for objection cases already concluded by a district court or High Court filed before the implementation of the amendment of this Act on December 17, 2019 that are not yet concluded shall be processed by the High Court or Supreme Court in accordance with the Judicial Yuan Interpretation No. Shi-Zi-681 and tried in accordance with the Code of Criminal Procedure after the implementation of the amendment.
For cases involving revoked parole where objection may be filed before the implementation of the amendment of this Act on December 17, 2019, litigation may be filed with the administrative litigation division of the jurisdictional district court in accordance with this Act within thirty (30) days starting from the day following the implementation date of the amendment.
Administrative litigation cases involving denied parole pending in the High Administrative Court in accordance with Judicial Yuan Interpretation No. Shi-Zi-691 before the implementation of the amendment of this Act on December 17, 2019 shall be processed in accordance with the following provisions after the implementation of the amendment:
1. Where the case has not been concluded: The High Administrative Court shall decide the transfer of the case to the administrative litigation division of the jurisdictional district court for trial in accordance with this Act; the same shall apply for appeals and interlocutory appeals.
2. Where the case has been concluded: The appeals and interlocutory appeals shall be processed in accordance with the original litigation procedures and the regulations after the implementation of the amendment shall not apply.
Cases involving denied parole specified in the preceding paragraph that are pending in the High Administrative Court in accordance with Judicial Yuan Interpretation No. Shi-Zi-691 before the implementation of the amendment of this Act on December 17, 2019 but are not yet concluded shall still be processed in accordance with the original litigation procedures, to which the provisions after the implementation of the amendment do not apply. Appeals or interlocutory appeals shall be rejected if deemed as illegal or meritless; where they are found to have reason, a decision in favor of the appellant or interlocutory appeal appellant shall be rendered. Where necessary, the case may be transferred to the administrative litigation division of the jurisdictional district court and tried in accordance with the provisions herein after the implementation of the amendment.
Motions or petitions for retrial filed against a concluded administrative litigation decision on denying parole before the implementation of the amendment of this Act on December 17, 2019 shall be processed by the High Administrative Court or Supreme Administrative Court in accordance with the original litigation procedures, to which the provisions herein after the implementation of the amendment do not apply.
Article 154
The provisions of this Act apply mutatis mutandis to military inmates sentenced in accordance with the Military Justice Law.
Article 155
The Enforcement Rules of this Act shall be prescribed by the Ministry of Justice.
Article 156
This Act shall be implemented six months after the date of promulgation.