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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 9 Visit and Correspondence
Article 79
Visit of prisoners shall be conducted in the visitation room. However, for circumstances of illness or for correctional purposes, the visit is also permitted to be conducted in other proper locations.
Article 80
The term "direct relatives and family" contained in Article 62 of the Act Refers to and includes spouses, lineal relatives, collateral relative within 2 degree of kinship, and relatives by marriage within 3 degree of kinship. The term "family members" are defined pursuant to Artical 1123 of the Civil Code. The term "special reasons" is defined and limited to persons wht have the relevancy for visit and correspondence which do not interfere with the principles of the prison.
In order to testify aforementioned relationship of relatives and/or family members, sufficient documentations or information results of investigation shall be presented for certification.
Prisoners with foreign nationality or without any nationality are permitted to meed and communicate with letters with the ambassadors or chancellors who belongs to the coun try of the prisoner or who represents the country of the prisoner, or people from international institutions or religious groups.
Article 81
Visit and writing correspondence shall be effected in traditional chinese language and words. The uses of symbols and cryptograph are prohibited. However, prisoner who is a mute or blind is permitted to use hand language or Braille. Prisoner whth foreign nationality or without any nationality is permitted to use his/her own language or internationally recognized words and languages.
In circumstances where the prisner is illiterate or cannot write on his own, prison's staff shall write in lieu of the prisoner and the prisoner shall sign or stamp the writing with personal seal. In circumstances where the prisoner cannot sign his/her name, other persons shall sign for the prisoner and the prisoner shall stamp the writing with personal seal or fingerprints. The person who signs in lieu of the prisoner shall affix the reason and sign the paper with his/her own name.
Essays written by prisoner, whose subject is appropriate and does not offend the discipline and reputation of the prison, shall be permitted to be published in newspapers or magazines.
Article 82
The term "risks of disrupting prison discipline" contained in Article 66 of the Act rtfers to the circumstances where the content of a writing correspondence contains one of the following situations:
1.Circumstances where improper state ments ard found, which is obviously untrue and dishonest and attempting to lie, and which insults or threats, caus ing others to be cheated and create con cerns for psychological distress or uneasiness.
2.Circumstances where there are concems for the interference of proper administration of prisoners' correctional treatments.
3.Circumstances where symbols, cryptograph, or other means are being used making the inspectors unable to comprehend the content of the letters, creating concerns for the loss of control over the prisoners.
4.Circumstances in which there are concerns for escaping or destroying, forging, modifying evidences or collaborating with other accomplices or witnesses.
5.Statements mentioning the condition of armed forces in the Correctional facilities, quartes, and locations of workshop that creates the concerns for the safety and security of the prison.
6.Statements that request the depository of cash or goods by relatives, which obviously exceed the prisoner's financial needs for daily life that contradicts the doctrine of helping prisoners develop a habit of prudedce.
7.Statements that contradict the rules pursuant to item 1 to 4, 6, 7, and 9 of paragraph 1 of Article 18, of the provisions of the rules required to obeyed at the admission to prison.
Article 82-1
Documents couriered by courts, prosecutors'
office, or administration offices to prisoners or documents couriered by prisoners to courts, prosecutors' office, or administration office shall be registered and recorded, and shall be redistributed or mailed at once.