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

Promulgated addition on 2015-02-04, effective 2015-02-05

 * 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:


 * 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.