Detention Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0040005

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Article 1


A criminal defendant shall be detained in detention house if necessary.
A female criminal defendant shall be detained in a female detention house. If a female detention house is the one of subsidiary institution of the detention house, it shall be separated strictly.


Article 2


A criminal defendant who is sentenced to the death penalty or life sentence shall be detained separately with others.


Article 3


A defendant who has not completed the eighteenth years of age shall be detained separately with others.


Article 4


The chief public prosecutor of the prosecutorial office of high court or its branch needs to inspect the detention house of the prosecutorial office of district court which is under its jurisdiction at least one time every year.
The public prosecutor can inspect the detention house anytime.


Article 5


If it is deemed necessarily, the detention house can restrict the actions and carry out the guidance and assistance to the defendant in order to achieve the purpose of detention and to maintain order.
If there is no sufficient fact to determine that a defendant has supposition to violence, escape or suicide, a guard is not allowed to use the precautionary appliances to constraint the defendant's body or take the defendant in a calm room.
The precautionary appliances were only limited below types, including legcuffs, handcuffs, chains and rope restraints. A guard shall not use over the requirements when using them.


Article 5-1


The use of precautionary appliances needs to have a permission from
the superintendent of the detention house. However, under the urgent
circumstances, precautionary appliance can be used without the
permission, but the user shall report to the superintendent of the detention
house at once.
After using precautionary appliance to the defendant, a detention house shall report to its jurisdictional court or the procurator to apply the approbation.


Article 6


A criminal defendant can appeal to the judge, public prosecutor or inspector once he has been receiving inappropriate treatment from a detention house.
When a judge, public prosecutor or inspector receives an aforesaid appealing case, he shall report to the principal of the court or the chief public prosecutor.


Article 7


When a detention house receives a defendant, the detention house shall examine the custody form, signed by the court or the prosecutor, and also examine the identification of the defendants.


Article 7-1


A defendant shall be carried out a health examination when he/she enters a detention house; a defendant who met one of the follow conditions shall be taken in the sick room, separated or escorted to a hospital, and a detention house shall report to competent court or public prosecutor.
1. The person is insane or falls ill and may make harm to life by detention.
2. The female defendant is pregnant for five months or not completed the two months of childbirth.
3. The person is fallen acutely epidemic diseases.


Article 8


After a official of detention house checks and accepts a defendant, he shall note the year, month, date and time on the back card of escorting ticket, signs and appends on it.


Article 9


A detention house shall make an appearance, status list and print his or her fingerprints for a new defendant.


Article 10


A detention house shall tell the affairs in which a defendant shall obey the rule when he just arrives, and a detention house may investigate his or her individual relationship and other necessary information on reception.
The issuing affairs in the preceding paragraph should be posted in each cell.


Article 11


A new defendant is required to take a shower, to check their body and clothes, and then to be designated a room by the official of the detention house.


Article 12


A defendant in detention house shall be named by a number instead of his real name.


Article 13


A female defendant for the application of carrying children with herself can be approved. However, a child may be approved only when he/she is under three years old. The child born in detention house is also applicable to the preceding paragraph.


Article 14


A defendant shall be confined individually, but he can accommodate in group cell in terms of their status, occupation, age, character or the condition of body and mentality.
The defendants who have co-suspects or have relative legal case cannot be accommodated in a same group cell.
The defendant, who is senile or disabilities and inappropriate to be accommodated in a group cell with other defendants, may be taken in ward.


Article 15


Officials of detention house shall examine all in detail of detention house everyday, and record the outcomes of checking up in a book.


Article 16


Officials of detention house can instruct defendants to work according to their willingness.


Article 17


A defendant who attends workshops shall be rewarded by labor wages. To determine the amount of labor wages, defendants' conduct and productivity shall be considered.
The operational income minus cost is drawn fifty percent as labor wages, and the total amount of it is drawn twenty five percent as sum of indemnity for crime victims.
The leftover in the preceding paragraph is drawn thirty percent as extra food expenses of the inmates, five percent as rewarding expenses for defendants and five percent as rewarding expenses for work administrators. The yearly leftover shall be drawn thirty percent to improve defendants' living facilities in accordance with budget process and other seventy percent drawn as industrial foundation.
After The Crime Victims Protection Act becoming effective upon promulgation, sum of indemnity for crime victims in paragraph 2 is deposited in specific account. The paragraph 3 is to buy facilities to improve the inmates' life in order to prevent these facilities getting old.
The paragraph 1 and the paragraph 3 of this article are to be drawn up by the Ministry of Justice.


Article 18


A defendant is allowed to read, but private books shall be examined.


Article 19


When a defendant requests to use the paper, pen and ink, or read newspaper, officials of detention house may permit under taking into account of the situation.


Article 20


A defendant may prepare diet himself. This is also applicable to the article 13.
Officials of detention house shall decide the quality and quantity and supplying place mentioned in the preceding paragraph. But the food, clothes and other necessities supplied by the family members or relatives and friends of the defendant are not to subject to be limited.


Article 21


A defendant may prepare food, clothes and other necessities by himself. If he cannot afford it, he shall be given or provided by detention house. This is also applicable to the article 13.


Article 22


If a defendant suffering from serious diseases could not receive appropriate treatment in detention house, or a defendant requests medical treatment outside detention house, the detention house shall provide the diagnostic data to the competent court to decide for it or to public prosecutor to deal with it.
If it is deemed that the situation is emergent by officials of the detention house, a defendant can be escorted to hospital to have treatment firstly, and report to the competent court or to public prosecutor at once.


Article 23


A person, who applies to grant a visitation with a defendant, shall state clearly their full name, occupation, age, residential address, the main content of interview, the name of defendant and the relationship with defendant.
Officials of the detention house shall supervise the visitation when it is granted to process.


Article 23-1


During the visitation between a criminal lawyer and a defendant, Officers only can watch over but can not listen, except for other specific regulations.
For maintaining the order and safety, all correspondence and documents between a criminal lawyer and a defendant will be examined except for other specific regulations.
The Paragraph 1 of Article 23 can be applied mutatis mutandis to a criminal lawyer’s visitation with a defendant.


Article 24


It can be allowed when a defendant applies to grant a visitation with chaplain.


Article 25


A visitation with defendant cannot be over 30 minutes each time, but it can be prolonged in special case by a permission of officials of detention house.


Article 26


The duration of visitation is from a.m. 9 o'clock to p.m. 4 o'clock. But it can be prolonged in special case by a permission of officials of detention house.


Article 27


A visitation can be refused in any one of the following cases:
1. A person whose behavior is suspicious.
2. Over and including three persons apply to grant a visitation with the same defendant at the same time.


Article 27-1


The defendant may correspond with anyone. However, the court or the prosecutor may dictate a defendant to correspond with only his/her direct relatives and family members under special circumstances.


Article 28


(Discarded)


Article 29


It shall be conveyed rapidly when a defendant has petitions for the court or the public prosecutor or other institution.


Article 30


The property carried by a new defendant should be kept by detention house after examine for safekeeping. The name and sum of the property shall be recorded.
If the property listed in the preceding paragraph is damaged, the detention house shall bear the duty to compensate, excepting for a disaster or force majeure.


Article 31


When the goods are unsuitable for safekeeping, the defendant shall be ordered to do an appropriate action. When the goods have the possibility of danger, a detention house can apply to supervised institution for an approval to deal with it.


Article 32


A detention house shall examine the property sent from outward, and issue a proof for the defendant.


Article 33


The property, which a defendant has, shall be returned to him when he is released.


Article 34


The detention house cannot release a defendant, excepting for having the official notice issued from the court or the public prosecutor.
The preceding official notice is set by the Minister of Justice.


Article 35


A defendant shall be released at once when receiving the official notice of the preceding article. Before releasing, the detention house shall make the defendant to press his fingerprints and compare them with the fingerprints on the list of appearance in order to make confirmation.
The court or the public prosecutor shall notify to the official of the detention house immediately when the defendant was released in the court.


Article 36


When the convict is sent to prison, the photographic I.D. list and the conduct reports must accompany the convict.


Article 37


When the defendant is dead in detention house, the officials of detention house shall report to the public prosecutor at once and notify to the relative of the defendant. When the case is in trial, the detention house shall report to the court.


Article 38


Along with this Statute, the provisions of chapter 4 to chapter 11, chapter13 and chapter14 of Prison Code, which have no contradiction with the nature of detention, can apply mutatis mutandis to detention house.


Article 38-1


The rules for the enforcement of this Statute are to be drawn up by the Executive Yuan after consultation with the Judicial Yuan.


Article 39


This Statute shall become effective upon promulgation.