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Chapter Law Content

Chapter 1 General
Article 1
These Enforcement Rules are established in accordance with Article 155 of the Prison Act (hereinafter “the Act”).
Article 2
In the execution of the Act, the competent authority and supervisory authority of the Act and the Prisons shall exercise care to the situations to the favor and disfavor of the prisoners.
Article 3
The terms used in the Act and in these Enforcement Rules are defined as follows:
1. Prison: Referring to any prison under the Agency of Corrections, Ministry of Justice, including any branch or female unit set up by the prison.
2. Prison Official: Referring to the head of a Prison under the preceding subparagraph and the person authorized thereby.
3. Prison Officer: Referring to the relevant staff that processes activities of a Prison under Subparagraph 1.
4. Family members: Referring to persons who cohabit with a prisoner for the purpose of living together on a permanent basis in accordance with Articles 1122 and 1123 of the Civil Code.
5. Nearest relatives: Referring to the prisoner’s spouse, lineal family, non-lineal family within 3 degrees of kinship, marital family within 2 degrees of kinship.
Article 4
Paragraph 2, Article 3 of the Act is not applicable to prisoners who continue to face detentions or are subjected to labor services commuted from a fine, during incarceration, after completion of the sentence or after parole.
Article 5
The terms “strict demarcation” and “separate imprisonment” in the Act are defined as follows:
1. Strict Demarcation: Referring to the isolation and demarcation of prisoners by buildings, different floors in the same building or walls inside Prison.
2. Separate Imprisonment: Referring to the isolation of prisoners in different quarters, workshops or assigned areas.
Article 6
In accordance with Paragraph 3, Article 6 of the Act, the supervisory authority shall gradually establish reasonable adjustment guidelines in response to factors such as the conditions of the premises of each Prison.
Article 7
Any request for visit by any person or media in accordance with Article 8 of the Act shall be filed in writing.
The written format under the preceding paragraph shall be established by the supervisory authority.
Prisons shall plan the visitors’ routes carefully in advance to avoid infringement upon prisoners’ privacy or other interests.
Prisons shall give below notice before any person’s or media’s visit and shall ask the visitors to comply with the following:
1. Provide identification documents and cooperate with inspections performed in accordance with Article 21 of the Act.
2. Wear proper cloths and follow order, without agitation or loud voices.
3. Do not bring or use communications, video-recording, photographing or audio-recording equipment without the Prison’s approval.
4. Follow the visitor’s routes without unauthorized action or loiter.
5. It is prohibited to converse with or pass any object to and from any prisoner.
6. Do not breach any relevant control measure or disposition of the Prison.
7. No other act that jeopardizes the order or security of the Prison or the interests of the prisoners is allowed.
The Prison may stop the visit by any visitor who breaches the preceding paragraph.
Any visitor below the age of 18 shall be accompanied by a legal representative, a guardian, a teacher or other appropriate adult.
Article 8
Any media seeking interview in accordance with Article 8 of the Act shall file a written application and the interview shall be subjected to the Prison’s approval. The written format shall be established by the supervisory authority.
When the interview is requested by an overseas media or if the interview will be published overseas, the Prison shall seek the approval of the supervisory authority.
If the media interviews involve any Prison Official or individual prisoner, the Prison shall acquire the interviewee’s consent.
During interview by media, the Prison may adopt proper measures to maintain the integrity and interests of the prisoners and relevant staff.
If the target or detail of the media interview involves youth or juvenile, sexual offense, domestic violence, illness or other matters about which media coverage is restricted or prohibited by law, the regulations shall be complied with.
Media interview may be stopped if it creates an impact on the security or order of the Prison.
After a media interview is made and before it is published, prior notice shall be given to the Prison or the prisoners. If the coverage is inconsistent with the interview details or facts, the Prison or prisoners may ask the media to make corrections or to make clarifications in a proper manner.