Chapter 9 Safekeeping
Money and items brought in by defendants, obtained by defendants in the detention center, or delivered to them by outside parties shall be inspected and kept by the detention center on behalf of the defendants. However, defendants may be permitted to use their money or items inside the detention center under the circumstance that it is deemed necessary and does not adversely affect the order or security of the detention center. The money and items may also be reclaimed by other individuals as requested by the defendant.
Where an item in the preceding paragraph is perishable, dangerous or harmful, or unsuitable for storage, the detention center may notify the defendant and then destroy or discard the item or dispose it in other appropriate manners.
Money kept by a detention center on behalf of defendants shall be deposited in a dedicated account except for a certain amount of money which will be retained as the revolving fund.
The interest accrued from the funds in the dedicated account specified in the preceding paragraph shall be used for improving the welfare of defendants.
Regulations governing the delivery of money or items to defendants specified in the four preceding paragraphs, inspection, registration, safekeeping, use, destruction or discarding, disposal, return, review, use of interest accrued, amount of funds retained as revolving fund, and other requirements shall be prescribed by the Ministry of Justice.
Outside parties may deliver money, food, necessities, or other properties approved by the senior detention center official to defendants.
The inspections conducted by a detention center on money, food, necessities, or other properties sent by outside parties specified in the preceding paragraph may not exceed the necessary extent.
Where an item is deemed during inspection in the preceding paragraph to adversely affect the order or security of the detention center, its delivery may be limited or denied.
Regulations governing the means, time, number of times, types, amount, quantity, limitations and restrictions, and other requirements for the delivery of money, food, necessities or other properties specified in the three preceding paragraphs shall be prescribed by the Ministry of Justice.
A detention center should return money, food, and items delivered by outside parties in accordance with the preceding article if the sender or sender’s address is not clear, or the defendant refuses to accept it. Where they cannot be returned and remain unclaimed six months after announcement, they shall be turned over to the national coffers, destroyed, or discarded.
A detention center may destroy or discard items that are perishable, dangerous, harmful, or unsuitable for storage while awaiting collection or during the announcement period in the preceding paragraph.
Where a detention center discovers while conducting inspections money or items held by a defendant without permission, the detention center may turn them over to the national coffers, destroy or discard them, or take other appropriate actions in view of the circumstances. The same shall apply to money or items with unknown owners.
Money or items kept by a detention center on behalf of a defendant shall be returned to the defendant upon his/her release. Where the defendant fails to reclaim the money or item, the detention center shall notify the defendant and specify a deadline for collection.
A detention center shall notify the successor of a deceased defendant to claim the money and items left by the defendant before a specified deadline.。
Where there are multiple successors, the detention center is only required to notify one such individual or allow one such individual to collect the property.
Where the existence of a successor or his/her address is unknown and cannot be notified, the detention center shall post a public announcement and specify a deadline for collection.
Where a defendant has any of the situations described in the subparagraphs below and fails to apply for the return of money or items left over by him/her at the detention center, the money or items shall be turned over to the national coffers, destroyed, discarded, or disposed by other appropriate means within six months from the date specified in each subparagraph below:
1. Where the defendant is released; the six-month period starts counting from the deadline specified in the notification under Article 72.
2. Where the defendant escapes; the six-month period starts counting from the date of escape.
3. Where the defendant is temporarily released in accordance with Paragraph 1 of Article 22 but fails to report in accordance with Paragraph 2 of the same article; the six-month period starts counting from the final date for reporting.
4. Where the defendant is deceased; the six-month period starts counting from the deadline for collection specified in the notification or public announcement under Paragraph 1 or Paragraph 3 of the preceding article.
A detention center may destroy, discard, or dispose by other appropriate means items that are perishable, dangerous, harmful, or unsuitable for storage while awaiting collection or during the notification or announcement period specified in the preceding paragraph.