F. Parole and release related issues
- Publication Date ：
- Last updated：2022-06-20
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Q15. What are the conditions of the parole of inmates?
- Parole is for the life imprisonment or fixed-term imprisonment inmates to be released temporarily before their terms are expired, given that the law-required period of imprisonments are fulfilled, there is evidence for the inmates' repentance and the department of justice grants the permission of the prisons' application of parole. After released, given that the inmates do not offend any law again or violate the regulations of the restrain period, then the remained terms will be deemed as expired. However, if the paroles are retrieved, the inmates will be imprisoned to finish the remaining terms.
- The application of parole is determined based on the time that inmates commit crimes. The lawful regulations are shown below:
- Adult inmates:
- For those who are applicable to the criminal law since the 1st of July,2006: More than 25 years of imprisonment for the life imprisonment inmates. More than one half of the imprisonment terms are finished for the first and second time offenders, and two third of the imprisonments terms for the repeated offenders. However, for the fixed-term imprisonment inmates, they should be imprisoned for at least 6 months. For those who are applicable to the criminal law since the 28th November, 1997: More than 15 years of imprisonment for the normal life imprisonment inmates, more than 20 years of imprisonment for the life imprisonment repeated offenders. More than one half of the imprisonment terms are finished for the fixed-term imprisonments inmates, and two third of the imprisonment terms for the repeated offenders. For those who are applicable to the criminal law since the 30th January, 1994: More than 10 years of imprisonment for the normal life imprisonment inmates, and more than one third of the imprisonment terms are finished for the fixed-term imprisonments inmates.
- Progressive correction level 2 or above.
- For the latest three months, the inmates should score 3 or above in reformatory education, working and conduct. For those who are unable to work, the working scores will not be calculated.
- There is evidence of the inmates' repentance.
- Juvenile inmates:
- More than 7 years of imprisonment for the life imprisonment juvenile inmates. More than one third of the imprisonment terms, and at least 6 months of imprisonment, are finished for the fix-terms imprisonment juvenile inmates.
- Progressive correction level 2 or above.
- For the latest three months, the inmates should score 4 or above in reformatory education, score 3 or above in conduct, and score 2 or above in working. For those who are unable to work, the working scores will not be calculated.
- There is evidence of the inmates' repentance.
Before judgements are made, one day of inmates' detention period can be deemed as one day of imprisonment. For the life imprisonment inmates, their detention period cannot be deemed as their imprisonment days. But the detention days that exceed a year will be calculated as the fulfilled imprison days. For those who have fulfilled the aforementioned conditions, they can submit their cases to prison parole review committee for the examination. If the examination is passed, the prison will submit the cases to the department of justice for further examination. If the examinations are also passed, the inmates will then be released. These regulations are not applicable to the inmates who are not imprisoned for at least 6 months, repeated offending felons, and rapists who show no significant decrease in the repeated offending tendency after treatments or counselling.
Q16. What is the procedure of parole examination?
- For any parole case, the decision is made based on the inmate's criminal record, the related issues during imprisonment (including the records of progressive correction , reward and punishment record, health condition, daily living ability, and other related imprisonment issues), all the crime related conditions (crime record number, type of crime, motive of crime, the ways of committing crime, age when committing crime, the attitude after commits crime, social opinions like police force's review and comment, the opinions of family and neighbors, inmates' repent to the victims, the redemption of inmates' crime act, the life plan after released, victims' opinions) and the likelihood of repeated offence (including whether the inmates have a decent job, have occupational skills, has a stable residence).
- In order to ensure the appropriateness, stability of the national punishment acts and people's expectation to law and justice, the examination of parole application must include the consideration of the criminal policy, crime trend, the overall public security state, and the related information of imprisonment. The department of justice will withhold the parole applications if the aforementioned considerations are not fit for the parole. The department of justice will collect opinions from experts, scholars and practitioners to construct three examination aspects: The process of crime, the performance after crime (including imprisonment performance), and repeated offence likelihood (including criminal record). Principally, the examination will be stricter to those major crime cases, serial crime acts, group crime, violence, recidivists that can hardly be corrected, multiple criminal records, or committing crimes during parole. For the examination will be more forgiving to those minor crime acts, first offender, mistaken offence, good performance during imprisonment or has a thorough life plan after released.
Q17. If a parole is granted, will the inmate or the relatives be noticed?
If a parole is granted, the inmates' relatives will not be noticed, except for the inmates who have disabilities, have difficulties to go home, have major illness, psychological disorders, or those who are domestic violence offenders.
Q18. How to apply for an "inmate release certification (from institutions)"?
- Offline application:
- The released inmates should bring their identity cards and seal and visit the institutions in person. If they authorize a relative to proceed, the relative should bring the power of attorney, the released inmates' identity cards, the attorneys' identity cards, and the documents that can verify the relationships between the released inmates and the attorney.
- The corresponding form can be downloaded from the Department of Justice national service online application system(website: https://eservice.moj.gov.tw).
- Online application:
- Please visit the "Department of Justice national service online application system" (website: https://www.auth.moj.gov.tw), download and fill in the application form, and send it back to the correctional institutions by mails with the applicants' identity card photo copies (front and back).
- After the institutions receive and authorize the application, they will issue the certificates and send them back to the applicants through mails (please send a self-addressed stamped envelope along with the application forms).
Q19. How to apply for a power of attorney, seal certification or attorney certification of an inmate?
- The application of inmates' power of attorney can be categorized into normal power of attorney and attorney certification for seal, based on the purposes of attorney.
- If you are applying for a normal power of attorney (fingerprint), inmates' relatives can go to the corresponding authorities' offices and take a power of attorney, and send them to the inmates through mails or take it to the general services sections in person. You can also send a blank power of attorney and let the inmates to finish the reports and submit the application of power of attorney or attorney certification for seal by themselves. The institutions will therefore proceed the applications. After the applications are granted, the general services sections will issue the corresponding certificates after the inmates to put their fingerprints on the certificates. Then, the relatives can take back the certificates from the institutions, or inmates can send them to their relatives through mails on their own expense.
- If you are applying for an attorney certification for seal, you can send them to the inmates through mails or take it to the general services sections in person. Inmates can then finish the attorney certifications for seal and the reports, and send them to the institutions. After the applications are granted, the general service office will send an official letter to household registration offices while noticing the trustees. The household registration offices will then contact the trustees to proceed after they receive the official letters.
- If the inmates' relatives want to bring back the corresponding power of attorney in person, they should bring their chops and identity cards or other documents that can verify their identities. After verification, they can sign and bring back the power of attorney.