required. Such examples include: the Mutual Legal Assistance in Criminal
Matters Act, which was passed by the Legislative Yuan after the third reading
and promulgated by the President in 2018, and the Review Meeting of the
ROC’s Initial Report under the United Nations Convention Against
Corruption convened in August of the same year. The aforementioned
examples help Taiwan carry out its mutual legal assistance with other countries
and regions more successfully. Notwithstanding, there are still certain foreignrelated laws and regulations (such as the Law of Extradition) that urgently
need to be amended, especially those involving the restraint of personal
freedom. They must be expressly defined and governed by laws to contribute
to a positive outlook for future multinational mutual legal assistance.
Article 12 Freedom of Movement
86.
The Code of Criminal Procedure expressly provides that alternatives to
detention include to be released on bail, to the custody of another, or to be
restricted to a particular residence. The limitation on residence often has to be
executed together with bans on leaving the country by exit through airports or
seaports, in order to prevent offenders from escaping. The latter two
alternatives impose greater restrictions on personal freedom, and even
freedom of movement. However, the Code of Criminal Procedure provides no
express provision for them, and that is likely to violate the principle of legal
reservation. In addition, the limitation on residence has actually been rather
ineffective in preventing escape. The Judicial Yuan and Ministry of Justice
should consider amending or supplementing the relevant regulations to
strengthen their effectiveness. Upon investigation and subsequent follow-up
by the Control Yuan, the Amendments to Certain Provisions of the Code of
Criminal Procedure and Amendments to Article 7-15 of the Implementation
Rules of the Code of Criminal Procedure were passed by the Legislative Yuan
on May 24, 2019, which added a new chapter governing restrictions on transits
through airports and seaports.
Article 13 Prohibition of Discretionary
Sentences to Deport Foreign Nationals
87.
When the Ministry of Labor proceeds to revoke an employment permit, order
migrant workers with criminal offences to depart, or prohibit them to work in
Taiwan ever again, the Ministry clearly fails to exercise due diligence in
determining the seriousness of the violation pursuant to subparagraph 6,
Article 73 of the Employment Service Act, and give humanitarian
consideration to the migrant workers’ right to work. It is also in violation of
Article 2 of the ICCPR and Articles 2 and 7 of the International Covenant on
Economic, Social, and Cultural Rights (ICESCR) which prohibit
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