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

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

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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.