Chapter  12 Rehabilitative Measures

Article 86
Any person who is not punished because he is under the age of fourteen may be ordered to enter a reformatory to receive reformatory education.
If punishment is reduced because a person is under the age of eighteen, he may, after execution or remission of punishment, be ordered to enter a reformatory to receive reformatory education. But, if the sentence is imprisonment of less than three years, short-term imprisonment, or a fine, he may be so ordered before the execution of the punishment.
The period of reformatory education shall not exceed three years. But if the execution has exceeded six month and it is believed that continuing execution is unnecessary, the court may remit the punishment.

Article 87
A person is not punished for a cause prescribed in paragraph 1 of Article 19, he may be committed to a suitable establishment for custodial protection provided that the circumstances are sufficient to make it believe that he might repeat the offense or against public safety.
If a person has the circumstances prescribed in paragraph 2 of Article 19 and Article 20 and the circumstances are likely to make it believe that he might repeat the offense or against public safety, he may be committed to a suitable establishment for custodial protection after the execution or remission of the punishment. This custodial protection may be done before the execution of punishment if necessary.
The period of custodial protection prescribed in the previous two paragraphs shall be less than five years, but the court may order remission of the punishment during the execution provided that it believes the execution needs not to be continued.

Article 88
Any person addicted to drugs may be committed to a suitable establishment for compulsory treatment before the execution of punishment.
The period for the compulsory cure prescribed in the preceding paragraph is less than one year. The court may remit the execution if it believes the execution need not be continued.

Article 89
If a person commits an offense while intoxicated he may, before execution of punishment, be committed to a suitable establishment for compulsory cure if there is reason sufficient to believe that he is addicted to alcohol and he is in the danger of commit the offense again.
The period for the compulsory cure prescribed in the preceding paragraph shall be less than one year, but the court may remit the execution if it believes there is no need to continue the execution.

Article 90
Any person who is a habitual criminal or commits an offense because of habits of loitering or vagrancy, before execution of punishment, shall be committed to a labor establishment to perform compulsory labor.
The period for compulsory labor prescribed in the preceding paragraph shall be three years. But the court may remit the execution if, after the execution for one and half year, it believes there is no need to continue the execution.
The court may allow an extension of compulsory labor before the period of execution expires if necessary, but the extension shall be limited to once and the period of extension shall not exceed one and a half years.

Article 91
Any person committing offence referred to Article 285 of this Code may be ordered to a suitable establishment for compulsory treatment.
The compulsory treatment prescribed in the preceding paragraph shall be done before the execution of punishment, and the period of this treatment is covered to the criminal’s recovery.

Article 91-1
Any person committing an offense specified in Articles 221 to 227, 228, 229 , 230, 234, item 2 of paragraph 2 of Article 332, item 2 of Article 334, and item 1of paragraph 2 of Article 348 and its special laws and has one of the following conditions may be ordered to a suitable establishment for compulsory treatment:
1. To be found through appraisal and evaluation during the period of receiving counseling or cure and before the expiration of the execution as having the danger of committing the offense again.
2. To be found through appraisal and evaluation while receiving physical and mental cure or counseling education under the provisions of other separate law as having the danger of committing the offense again.
During the period of the execution specified in the preceding paragraph, appraisal and evaluation shall be performed annually until the danger of recommitting the offense has been remarkably reduced to see whether it is necessary to stop the cure.

Article 92
The measures prescribed in Articles 86 through 90 may, according to circumstances of the case, be replaced by protective measure.
The period for protective measure specified in the preceding paragraph shall not exceed three years. If in effective, it may be revoked at any time the original measure enforced.

Article 93
Any person who is on probation may be placed under protective measures during the period of suspension but under one of the following circumstances he shall be subjected to probation:
1. Commission of the offense prescribed in Article 91-1
2. Execution of the provisions of items 5 to 8, paragraph 2, Article 74
When released from a prison on parole, he shall be subjected to protective measures.

Article 94
  (Deleted)

Article 95
Any alien receiving sentence more than imprisonment may, after execution or remission of punishment, be deported.

Article 96
Rehabilitative measures shall be pronounced at the time of the judgment, but this shall not apply if it is otherwise prescribed in this Code or other laws.

Article 97
  (Deleted)

Article 98
If rehabilitative measures announced under paragraph 2 of Article 86 and paragraph 2 of Article 87 call for execution of imprisonment first, the court may remit the execution if it believes that this is unnecessary after the punishment is executed or remitted. In a case which calls for execution of rehabilitative measures first, the court, after having executed the measures or remitted part of the measures, may remit the whole or part of the periods of imprisonment if it believes that the execution is unnecessary.
If the rehabilitative measures are announced in pursuance to paragraph 1 of Article 88, paragraph 1 of Article 89, paragraph 1 of paragraph 90, or paragraph 2 of Article 91, the court, after having executed the measures or remitted part of the measures, may remit the whole or part of the periods of imprisonment if it believes that the execution is unnecessary.
The remission of execution prescribed in the two preceding paragraphs shall be limited to imprisonment or short-term imprisonment.

Article 99
If the execution of the rehabilitative measures have not begun or if the execution has not been continued for three years from the day that they shall have been executed, the execution shall not be permitted unless the court believes that the cause for the announced rehabilitative measures has continued to exist. The execution shall not be performed if it has not been begun or continued for seven years.