Laws Information

法規資訊
Title: Prison Act
Am Date: 2010-05-26
Legislative History: Amended on May 26, 2010

Transaction

Amendment

Article 11
Every inmate shall have a regular health examination on reception. A prison should refuse to accept an inmate in prison when the following conditions happen:
1. The person is insane or falls ill and may make harm to life by putting sentence in execution.
2. The female inmate was pregnant for five months or not completed the two months of childbirth.
3. The person is fallen acutely epidemic diseases.
4. The person is old, disabilities , or can not take care of oneself.
When any inmate is refused by prison under these regulations, he or she has to be sent to hospital, guardian, or other appropriate institution after a prosecutor considers their conditions.

Article 17
An inmate shall be confined separately when living with other inmates is inappropriate because he is too old, falls ill, or a disabilities .

Article 26-2
The inmate who has been imprisoned over three months and been behaving well is qualified of applying to go out of prison in daytime if necessary. The case is decided by the Ministry of Justice. An inmate can go out for one of the following conditions:
1. A lifer who has served over nine years or an inmate who has served one fourth of sentence for study or job training.
2. An inmate whose sentence is less than three years and has served one fourth of sentence for public welfare working.
3. An inmate whose remnant of sentence is less than one month or has been granted of parole for preparation of study or work after release.
The Ministry of Justice designates schools, job training schools, and industrial training institutions under preceding paragraph.
An inmate cannot be allowed to go out for one of the following conditions:
1. An inmate has ever been committed to escape, drugs or anesthetics.
2. An inmate is a recidivist.
3. An inmate’s parole is revoked.
4. The inmate has other offence which is in investigation or on trial.
5. An inmate has the disciplinary program to perform or should accept compulsory treatment according to Article 26-2 of the criminal code.
6. An inmate is inappropriate to go out because other reasons.
An inmate is permitted to go out without security guards. An inmate who is permitted go out should return prison within designated time, or report to the suitable institution if necessary.
An inmate’s duration out of prison may be cancelled if he violates the rules or not conform to paragraph 1 or has condition under paragraph 3. An inmate who has good behavior shall be rewarded according to the rule.
If an inmate who does not return prison within designated date, or not report to the suitable institution without proper reasons, the period of staying outside would not be counted to his sentence, and would be considered as escape.
These rules are to be drawn up by the Ministry of Justice.

Article 58
If an inmate suffering from diseases could not receive appropriate treatment in prison, it may be taken into account to release him on bail for medical treatment, to transfer him to specific prisons or hospitals with permission of supervisory authority.
Prison authority may take measures in paragraph 1 that if it is emergent, prison authority shall grant permission.
The period of release on bail for medical treatment shall not be calculated within the period of sentence. The inmates transferred to subsidiary medical units or hospitals are considered time in prison.
According to the Code of Criminal procedure, the paragraph 1 to 4 in Article 111, paragraph 1in Article 118, paragraph 2, 3 in Article 119 and paragraph 4 in Article 121 shall apply mutates mutandis to release on bail for medical treatment.
The confiscated security in preceding paragraph shall be executed under the public prosecutors’ command.
If an inmate released on bail for medical treatment disobeys the regulations, the supervisory authority may revoke the permission.
The regulations for the inmates released on bail for medical treatment, condition and process of revoking permission are to be drawn up by the supervisory organizations.
The paragraph1, 3 and the preceding paragraph may apply mutates mutandis to the inmates who are too old or disabilities to make their living, pregnant more than five months and giving birth less than two months.