Annotated Republic of China Laws/Immigration Act/Article 38-3
Jump to navigation Jump to search
|←Article 38-2||Immigration Act
Republic of China (Taiwan) Law
Promulgated addition on 2015-02-04, effective 2015-02-05[edit | edit source]
|Wikisource has original text related to:|
- Article 38-3
- The time spent on one of the following circumstances shall not be included in the twenty-four hour restriction indicated in Paragraph 2 of the preceding Article, unless there is no unnecessary delay:
- The time spent on an unavoidable delay caused by traffic obstruction or force majeure;
- The time spent during the transfer of an arrestee;
- The interview cannot be conducted due to a detainee’s health emergency;
- The person filing the objection according to Paragraph 1 of the preceding Article opposes the preparation of records at night;
- The records can’t be prepared without the presence of a defense attorney to represent the detainee. The time spent on waiting for an attorney should not exceed four hours. The same rule applies to waiting for persons named in Paragraph 1 of the preceding Article in case a detainee of unsound mind fails to provide a clear and complete statement;
- The records cannot be prepared without the presence of an interpreter that the detainee may require. The waiting time for an interpreter should not exceed six hours;
- The time spent while judicial authorities review a criminal case;
- Based on the proceeding paragraphs, the National Immigration Agency should specify the reason in the written report handed to the court.
- Should the National Immigration Agency fail to bring a detainee to court within twenty-four hours, the detention order shall be revoked and the detainee be released.
Annotated by Wikibooks[edit | edit source]
- ↑ "Immigration Act". Immigration Office (Taiwan). 2015-04-30. http://www.immigration.gov.tw/ct.asp?xItem=1096847&ctNode=30026&mp=2. Retrieved 2017-01-08.