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How to be released from custody?

  • Publication Date :
  • Last updated:2023-01-19
  • View count:989

1.No custody –Article 21 of the Administrative Execution Act: “if obligor or other persons may be held in custody by law is in any of the following circumstances, they may not be held in custody; if they are in the following circumstances after being taken into custody, the Administrative Enforcement Agency shall send a written notification to the custodian institution to suspend the custody:

  1.It is difficult for the inmate’s family to maintain a living because the inmate is in custody.

  2.People under the custody is over five months pregnant or within two months after giving birth.

  3.Suffering from an illness which may not be treated due to being in custody.

2.Causes for release – Article 22 of the Administrative Execution Act: “For any of the following circumstances, the Administrative Enforcement Agency shall send a written notification to the custodian institution to release the inmate.

  1.The obligation has been completely performed or finished executing.

  2.The execution ceases because the revocation or alteration of the administrative disposition or ruling has been confirmed.

  3.The term of custody has lapsed.

  4.The obligor has provided security for the performance of the obligation.”

Therefore, with the exception of situations where custody is not available due to Article 21 of the Administrative Execution Act, release from custody must meet at least one of the four criterion above.

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