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Chapter Law Content

Title: Detention Act CH
Category: Ministry of Justice(法務部)
Chapter 10 Rewards, Punishments and Indemnification
Article 75
Defendants should be rewarded in accordance with rules and regulations, and rewards may also be meted out for any of following behaviors:
1. Reported another defendant’s attempted escape or act of violence, or plans for escape or act of violence.
2. Saved a life or captured an escapee.
3. Made a contribution in urgent matters during a natural disaster, incident, or an epidemic.
4. Outstanding work performance.
5. Special contribution which enhances the reputation of the detention center.
6. Special design for work techniques, products, machines, equipment, sanitation, medicine, etc. which is deemed as useful.
7. Insightful suggestions on improving the management of the detention center.
8. Other outstanding behavior that merit rewards.
Article 76
Rewards specified in one or several subparagraphs below may be granted for behaviors specified in the preceding article:
1. Public commendation.
2. Issuance of a certificate of merit.
3. Increasing the number of visits permitted.
4. Giving a proper amount of money or a prize.
5. Other special rewards.
Regulations governing the criteria for rewards in the preceding paragraph, the types, recipients, implementation methods, procedures, and other requirements for special rewards in Subparagraph 5 shall be prescribed by the Ministry of Justice.
Article 77
A detention center may not punish a defendant unless pursuant to this Act or other laws. A defendant may not be punished twice for the same incident.
Article 78
Where a defendant has acted in a manner that adversely affects the order or security of the detention center, the detention center may mete out punishments under one or several subparagraphs below:
1. Reprimand.
2. Suspension of delivery of food from outside parties for one to three days.
3. Suspension of defendant’s own purchases of non-essential daily items for three to ten days.
4. Transfer to a housing area for rule breakers for seven to twenty days.
Regulations governing the action patterns that adversely affect order or security of the detention center in the preceding paragraph, the type and duration of punishment, management, limitations and prohibitions in a housing area for rule breakers, and other requirements shall be prescribed by the Ministry of Justice.
Article 79
Before a detention center metes out punishment pursuant to this Act or other laws, it shall give the defendant an opportunity to express his/her opinions and inform the defendant of the facts of violation and the punishment imposed.
Where the defendant’s violation is minor or evidently forgivable, the punishment may be waived or postponed.
Where the defendant contracts a disease or where there are other special reasons, the punishment may be suspended.
If deemed necessary, a detention center may segregate a defendant from other defendants for the investigation of the defendant’s alleged violation. However such segregation may not last more than twenty (20) days.
Article 80
Where the punishment is waived or postponed in accordance with Paragraph 2 of the preceding article, if the punished defendant has shown remorse for more than one month, the punishment may be revoked.
Where the punishment is suspended in accordance with Paragraph 3 of the preceding article, the execution of the punishment may continue after the reason for suspension ceases to exist. However, if the punishment is suspended for more than six months, it shall no longer be executed.
Where a punished defendant has shown remorse in the execution of the punishment, the punishment may be terminated.
Article 81
Where a defendant damages utensils, finished products, materials, or other objects intentionally or due to gross negligence, the defendant shall pay indemnification for the damages.
Where the defendant fails to pay indemnification specified in the preceding paragraph, the detention center may deduct the amount from defendant’s money under safekeeping or labor wage.