Annotated Republic of China Laws/Immigration Act/Article 38-3

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Immigration Act
Republic of China (Taiwan) Law
Article 38-3

Promulgated addition on 2015-02-04, effective 2015-02-05[edit | edit source]

Article 38-3[1]
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:
  1. The time spent on an unavoidable delay caused by traffic obstruction or force majeure;
  2. The time spent during the transfer of an arrestee;
  3. The interview cannot be conducted due to a detainee’s health emergency;
  4. The person filing the objection according to Paragraph 1 of the preceding Article opposes the preparation of records at night;
  5. 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;
  6. 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;
  7. 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]

  1. "Immigration Act". Immigration Office (Taiwan). 2015-04-30. Retrieved 2017-01-08.