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Title: Enforcement Rules of the Prison serving Act CH
Amended Date: 2018-05-10
Category: Ministry of Justice(法務部)
Chapter 1 General provisions
Article 1
This Enforcement Rules is stipulated in accordance with the provisions of Article 93-1 of Prison Serving Act (hereinafter referred to as the "Act").
Article 2
Prisoner's interests shall be taken into consideration when prison officials perform their duties.
Article 3
Convicted criminal who chooses to serve terms of commuted labor in lieu of the payment of fines shall be confined separately from those sentenced to imprisonment or those sentenced to criminal detention.
In cases where the convicted criminal is a person with foreign nationality or without nationality, he/she shall be moved to designated prison if deemed necessary.
Article 4
The terms "strict demarcation", "separate imprisonment", "demarcated imprisonment" , and "demarcated custody" contained hereinafter in the Act are defined as follows:
1. Strict demarcation: to isolate and demarcate convicted criminal with concrete walls inside the prison as a boundary.
2. Separate imprisonment: to isolate convicted crimillal in different quarters,workshop, or assigned prison.
3. Demarcated imprisonment: to confine convicted criminal in strictly demarcated quarters and workshop.
4. Demarcated custody: to detain convicted criminal in custody in demarcated quarters for ills with defined boundaries inside the prison.
Article 5
Appeals made by a prisoner who contends the prison's punishment shall be processed ursuant to the regulations stipulated below:
1. Prisoner contending prison's penalty shall submit th appeal in person within 10 days of the effective date by verbal communication or written document. In cases where appeals are made by verbal communication,prison official shall record every detail fact in the appeal logbook; in cases where appeals are made by written document, name, offence committed, service duration, detail facts of the penalty and dates, and reasons contending the penalty shall be included, and then sigh, seal or fingerprint the document, as well as date the appeal.
2. Anonymous appeal will not be subject to processing.
3. The prison governor issuing the penalty shall, if the appeal is deemed reasonable, withdraw the penalty and indicate other appropriate management procedures. If the appeal is deemed unreasonalbe, the subject matter shall to be reported th the governing authority immediately.
4. Governing authority shall, if the appeal is deemed reasonable, order a termination, withdraw, or amendment to the penalty.
5. Inspector shall, when processing appeals, conduct every necessary investigation and report the investigation results to the governing authority for review. During investigation, unless the inspector deem relevant to the subject matter, no prison officials shall be permitted to present at the scene.
6. A prison shall not discriminate against or issue a punishment with irrelevant excuses to the prisoner who files the appeal.
7. Governing authority has the authority to issue a final ruling to the appeal.
Those who contend the ruling issued by other institution shall be redirected to related institution for further review.
All related news or rules regarding appeal procedure shall be posted in areas where prisoner is imprisoned and explained to the prisoner when he/she first enters the prison.
Article 6
In situations where a request for visitation of a prison in the purpose of academic research or in motivation deemed reasonable is permitted, male visitors shall be allowed to visit only the prisons for male and female visitors shall be allow to visit only the prisons for female. Special request under the permission of the prison governor is not subject to this limitation.
During visitation, the prison shall dispatch an instructor to guide and explain, as well as make a note of visitors' or ' groups' names, occupations, home addresses, visiting date, and purposes.
Visitors shall dress accordingly and remain silent. Without the prison governor's prior permission, photography is strictly prohibited. Conversation or exchange of goods with the prisoners is also subjected to strict prohibition.
Minors, drunken persons, or ills are prohibited from visitation. Visitation request by a foreigner or person without nationality requires prior consent from the governing authority.
Article 7
Prison staffs shall Mandarin during works. Unless deemed necessary, they shall not speak dialects or foreign languages.
Article 8
In circumstances where a prisoner is seriously ill, deceased, or is in any other serious conditions, the prison shall notify the said person's souse or relatives for visitation of the person. In circumstances where a prisoner is relocated to another prison, the prison shall also notify the said person's spouse or relatives.
Article 9
Prison governor shall patrol the whole prison at least once each day. In order to comprehend the effect of the sentence on the prisoners, the rison governor shall meet prisoners regularly and make a note of relevant information in a logbook. Prison governor shall not, unless it is deemed irrelevant, decline prisoner's request for an appointment.