Chapter 12 Release and Protection
A detention center shall not release any defendant unless with the release notice of the court or the prosecutor.
The format of the notice in the preceding paragraph shall be prescribed by the Ministry of Justice.
A detention center shall immediately release the defendant upon receiving the notice in the preceding article. However the detention center should verify the identity data on the defendant created upon his/her admission before releasing the defendant.
If a court or prosecutor releases a defendant in court, they should notify the detention center immediately.
When a defendant is transferred to a prison, the defendant’s photograph, identification sheet, counseling records and reward and punishment records shall be attached as reference.
When a defendant leaves the detention center, the detention center should consider his/her health status and instruct the defendant to prepare suitable clothing and traveling expenses.
Where the defendant is unable to prepare sufficient clothing or traveling expenses in the preceding paragraph, the detention center may provide the necessities or notify suitable public interest group to consider providing assistance.
Before releasing defendants who are old and fragile, gravely ill, or physically or mentally disabled and cannot take care of themselves, a detention center shall notify family members or individuals deemed appropriate by the defendant to pick up the defendant. Where such individuals cannot be reached or refuse to pick up the defendant after receiving a notice, the detention center should submit related documents and notify the social welfare authority of the municipal or county (city) government at the location of the defendant’s household registration to arrange a transfer to other placement facilities or make other necessary arrangements.
Where there are individuals, legal entities, organizations, or authorities (agencies) that should be notified before the release of a defendant in accordance with other regulations, the detention center shall comply accordingly.