Annotated Republic of China Laws/Immigration Act/Article 38-5

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

 * Article 38-5


 * Upon learning that a criminal act has been committed by an alien detainee subject to judicial proceedings, the National Immigration Agency shall notify the relevant judicial authorities ten (10) days prior to the execution of forcible deportation. Unless the alien detainee is detained or banned from exiting the State under the law, the National Immigration Agency may forcibly deport or order the detainee to exit the State.


 * Before this amended Act was enforced on January 23, 2015, an alien who falls under any of the circumstances listed in Paragraph 1 of Article 38 is suspected of involvement in a criminal act and is detained at a location designated by judicial authorities. Once convicted, the alien is detained for one (1) day at a detention location pursuant to Article 39, which is considered a one (1) day sentence, furthermore, the accumulated days of detention may also offset the fine (penalty) determined based on the provisions prior to the amendment of the Act.


 * For aliens convicted of involvement in criminal activities who have not completed their sentences before December 9, 2011, their time served in detention places referred to in Article 39 before the enactment would be included in the sentences based on the previous offset provisions.
 * Before this amended Act was enforced on January 23, 2015, an alien who is detained by the National Immigration Agency for no more than fifteen (15) days may file for a notice of motion or objection against the detention order in accordance with Paragraph 1 of Article 38-2. This can be done before a 15-day period provided that it is necessary to continue the detention.  Thus, a continuation of the detention period may be applied for with supporting reasons submitted to the court.
 * If an alien stated in the preceding paragraph, is detained for fifteen (15) to sixty (60) days or over sixty (60) days when the amendment was enforced, the National Immigration Agency shall necessarily apply for a continuation or extension of the detention period and submit supporting reasons to the court.
 * Based on the proceeding two Paragraphs, the time period of detention before and after the amended Act was enforced on January 23, 2015 shall not exceed 100 days.