Criminal Code of the Republic of China Article 87

This English translation was last updated on 2025-08-01, but the Chinese text was amended on 2026-07-22. Later amendments may not be reflected in the translation — please refer to the Chinese text.

A person who is not punished for a cause prescribed in Paragraph 1 of Article 19 may be committed to a suitable establishment or appropriate means for custodial protection if the circumstances are sufficient to make it believe that he might repeat the offense or against public safety.If a person has the circumstances prescribed in paragraph 2 of Article 19 and Article 20 and the circumstances are likely to make it believe that he might repeat the offense or against public safety, he may be committed to a suitable establishment or appropriate means for custodial protection after the execution or remission of the punishment. This custodial protection may be done before the execution of punishment if necessary.The period of custodial protection prescribed in the preceding two paragraphs shall be less than five years. Before expiration of execution period, the prosecutor may apply to the court for extension thereof if he considers such extension is necessary. The period of first extension shall be less than three years, and periods of the second extension and subsequent extension shall be less than one year, respectively. However, the court may order remission of the punishment during the execution if it believes the execution needs not to be continued.During the period of execution or extension, whether or not the execution needs to be continued shall be evaluated each year.
中文原文 中華民國刑法第87條
因第十九條第一項之原因而不罰者,其情狀足認有再犯或有危害公共安全之虞時,令入相當處所或以適當方式,施以監護。
有第十九條第二項及第二十條之原因,其情狀足認有再犯或有危害公共安全之虞時,於刑之執行完畢或赦免後,令入相當處所或以適當方式,施以監護。
但必要時,得於刑之執行前為之。
前二項之期間為五年以下;其執行期間屆滿前,檢察官認為有延長之必要者,得聲請法院許可延長之,第一次延長期間為三年以下,第二次以後每次延長期間為一年以下。
但執行中認無繼續執行之必要者,法院得免其處分之執行。
前項執行或延長期間內,應每年評估有無繼續執行之必要。

English translation for reference only; the Chinese text prevails. Not legal advice.