Introduction to Labor Penalty
- Publication Date：
- Last updated：2022-07-25
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Conversion to labor penalty is to replace the implementation of short-term punishment against freedom and fine penalty with community services, so that the Social labors of misdemeanors are not subject to the labeling of prison sentences, and can maintain the existing life, while providing unpaid social services, repairing social losses and interpersonal relationships, and saving the social and national financial burden.
Community service Q&A
Q: What is "community service"?
A: "Community service" is designed by a reference to foreign "community service" system and Article 74 of current Criminal Law and Article 235-2 of Code of Criminal Procedure of our country, on the suspension of punishment and the deferred prosecution attached with obligation to provide unpaid labor or service as an alternative to penalties. Accepting six hours of community service can offset penalty by one day or NT$1,000, NT$2,000 or NT$3,000.
Q: Is there a condition for requesting "community service order"?
A: It is limited to misdemeanor charge, including the following three categories:
- Cases subject to declare fixed-term imprisonment of less than 6 months or detention.
- The case that can be commuted to a fine.
- The fine penalty cases which are commuted to social work which is less than one year.
Q: What is the standard for approval on the request of the community service?
A: 1. After screening by the prosecutor, it is necessary to consider whether it is appropriate to permit community service order.
- The prosecutor may not permit if requestor has "difficulties in execution due to physical and mental health; or if requestor does not perform the sentence declared, it is difficult to correct it or it is difficult to maintain the order of the law."
Q: What jobs do Social labors do?
A : The labor service provided by community service includes cleaning and sorting, caring the vulnerable groups, clearing mountain and clearing beach, environmental protection, ecological patrol, community patrol, agriculture, forestry, fishery and stock farming labor, social services, paperwork and other various labors or services conforming to public interests and with unpaid nature.
Q: Who is responsible for the transportation, meals, and safety related to Social labors during the period of performing community service?
A: Social labors are not volunteers of the Volunteer Service Act, but perform community service. It is a kind of execution of punishment and not an action to execute official duties. Therefore, transportation, meals, safety, etc. need to be taken care of by themselves.
Q: Can Social labors pick the execution time?
A: Firstly, the prosecutor will ask social labors complete at least 24 hours social work per week. Secondly, social labors need to cooperate with the needs of the organization (agency) to complete community service during the performance period. They are not allowed to arbitrarily designate service hours. However, if there is a special accident that prevents them from reaching the executive agency to perform labor services, they must ask for leave in advance.
Q: After the community service has been implemented for a period of time, can it converts into fine?
A: If social labors want to change to pay a fine, they must first submit a petition for "Stopping the Performance of the Community Service to be Commuted to a Fine" to the assistant probation officers within the time limit for performance. After confirming the accumulated work hours from the executive agency they belong to, the assistant probation officer will report the prosecutor. After approval by the prosecutor, according to the regulations, the fine must be paid in one lump sum. Then the clerk of Enforcement Section will inform the social labor to pay the total amount fine in a certain date.
Q: If a social labor has an infringement during the execution period, who is liable for compensation?
A: Social labors are not civil servants who perform state public power duties. Their intentional or negligent infringements are not within the scope of state compensation, but are the issues of civil compensation between individuals and the other party.