Chapter 8 Visits and Correspondence
A detention center may not limit or deny defendants visitors or correspondence, except where it is otherwise stipulated by law or where the defendant voluntarily refuses a visitor or correspondence.
A detention center, based on the request of a defendant, shall assist the defendant in receiving and communicating with diplomatic or consular personnel of the defendant’s country or region or people who can represent the defendant’s country or region.
A detention center should arrange visits on weekdays, and may consider permitting visits on public holidays or other rest days.
Unless otherwise stipulated by law, a defendant may receive visitors once a day for a period of no more than thirty minutes each time. However, the number or the duration of visit may be added or extended if deemed necessary by a senior detention center official.
An individual requesting to visit a defendant must submit identification paper and register his/her name, occupation, age, residential address, name of the defendant, and relationship with the defendant.
Where the detention center deems that the individual requesting a visit may adversely affect the order or security of the detention center, it may refuse the visit request.
A visit should be conducted in the visitation room. However, a detention center may permit the visit to be held at a suitable place if it is necessary due to illness or management needs.
No more than three persons may visit a defendant each time unless it is otherwise stipulated in this Act or other laws or it is permitted by a senior detention center official.
An individual approved for a visit may bring children under 12 years of age, who will not be counted toward the limit on the number of visitors in the preceding paragraph.
Unless otherwise stipulated by law, a detention center shall monitor and video or audio record the visits. However the contents of recording must not be used illegally.
Where there are sufficient facts to believe that the visit may adversely affect the order or security of the detention center, the detention center may listen during the visit or review the contents of the video or audio recordings after the visit.
Where the order or security of the detention center is adversely affected during a visit, guards may terminate the visit and specify the reason in a written format.
Visitors must not use communication or video or audio recording devices when visiting a defendant. Violations will be dealt with in accordance with regulations in the preceding paragraph.
Where a detention center deems the request of a visit from a defendant or an individual has a reasonable cause, it may allow them to conduct the visit by telephone or other means of communication.
The communication expenses in the preceding paragraph shall be borne solely by the defendant or the individual requesting a visit. However, where the defendant cannot afford the expenses and the detention center deems it appropriate, the detention center may pay for the expenses.
Regulations governing the criteria for visits, visitors, limits on the number of visits, means of communication, communication application procedures, time, monitoring, listening, and charges in the preceding two paragraphs, and other requirements shall be prescribed by the Ministry of Justice.
If deemed necessary for management, guidance and counseling, major personal incident of a defendant, or other reasons, a detention center may allow a defendant to see visitors at a designated place in the detention center and adjust the limitations on duration and number of visits, place of visit and number of visitors specified in Article 60 and Paragraph 3 and Paragraph 4 of Article 61.
Unless otherwise stipulated by law, detention center personnel may only visually monitor meetings of defendants with their lawyer or defense attorney and shall not make video or audio recordings. Except where there are factual difficulties, the number of such visits and duration should not be limited.
To uphold the order and security of the detention center, detention center personnel may only check whether there are contrabands concealed in the books and documents exchanged between defendants and their lawyer or defense attorney during a visit, unless it is otherwise stipulated by law.
The visits specified in Paragraph 1 shall be conducted at a designated place in the detention center.
The provisions of Paragraph 1 of Article 59, Paragraph 1 of Article 60, Paragraph 1 of Article 61, and Paragraph 3 and Paragraph 4 of Article 62 shall apply mutatis mutandis to the visits of lawyers or defense attorneys.
The provisions of the four preceding paragraphs shall apply mutatis mutandis to situations where a lawyer not appointed by a defendant requests a visit with the defendant to discuss his/her appointment.
For letters mailed or received by defendants, detention center personnel may open the letters or use other appropriate means to check whether there are contrabands concealed therein.
Unless otherwise stipulated by law, detention center personnel may read the letters of defendants in the preceding paragraph under any of the following circumstances except for correspondences between defendants and their lawyer, defense attorney, or a public agency:
1. Where the defendant has behaved in a manner that adversely affects the order or security of the detention center and the incident is still under investigation.
2. The defendant is still subject to disciplinary actions.
3. There are facts and reasonable cause to suspect that the defendant may attempt to escape.
4. Correspondence between defendants in correctional facilities.
5. There are facts and reasonable cause to suspect that the defendant may endanger the security or order of the detention center.
After the detention center reads the correspondence of a defendant, it may specify a reason and delete the contents if it discovers any of the situations below:
1. The contents evidently pose a threat to detention center’s security or order;
2. The contents incite or instigate others to commit crimes or break laws;
3. Symbols, codes, or other methods are used to prevent the inspectors from understanding the contents of the correspondence;
4. The contents involve escape plans;
5. The contents describe the security conditions of the correctional facilities, the locations of housing areas and workshops, or other information that may adversely affect the facility’s guard and security.
The deletion of contents in the correspondence in the preceding paragraph shall be handled in the following manners:
1. Where the defendant is the sender, the detention center shall specify the reason and return the letter to the defendant for keeping or request the defendant to revise the letter before sending it again. If the defendant refuses to revise the letter, the detention center may delete such contents and then send the letter.
2. Where the defendant is the recipient, the detention center shall specify the reason and delete such contents before delivery.
The original contents of letters deleted in accordance with the preceding paragraph shall be photocopied and retained by the detention center. They shall be returned to the defendant upon his/her release. Where a defendant passes away before release, the correspondence shall be handled in accordance with Article 73 and Subparagraph 4, Paragraph 1 of Article 74.
For documents sent by a defendant that are articles in nature, a detention center may allow them to be sent to newspapers, magazines, or other media and the provisions of the five preceding paragraphs shall apply.
The postage expenses shall be borne solely by the defendant. However, where a defendant cannot afford the expenses and the detention center deems it appropriate, the detention center may pay for the expenses.
Requests submitted by defendants to a court, prosecutor, or public agency or correspondence delivered by public agencies to defendants shall be forwarded by the detention center without delay.