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 39

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