Implementation Regulations for the Parole of Prisoners Article 8

A parole board member shall withdraw from the case on his/her own initiative and may not exercise his/her functions if one of the following events has occurred in the parole case:1. The member is or was the spouse, family within 4 degrees of kinship, marital family within 3 degrees of kinship, parent, or family member of the prisoner.2. The member had acted or acts as the agent, attorney or assistant of the prisoner.3. The member is or was the victim, or the spouse, family within 4 degrees of kinship, marital family within 3 degrees of kinship, parent, or family member of the victim.In case of having actual facts showing that a parole board member may not be impartial, the prisoner may submit request to challenge the parole board member with reasons and facts stated.The parole board shall resolve the request set forth in the preceding paragraph and document the resolution. The prison shall notify the prisoner about the main point of the resolution in written form.In the event that the prisoner does not accept the dismissal made by the parole board over his/her application under the preceding two paragraphs, the prisoner may only raise objections when initiating a secondary review or filing an administrative litigation against the substantive decision.The chairman of the parole board meeting shall at his/her own initiative, order the withdrawal when the chairman is well aware of any ex officio member or external member is under circumstances set forth in Paragraph 1 and has not withdrawn from the case on his/her own initiative, and has not been challenged by the prisoners.Members who withdraw in accordance with Paragraphs 1 and 5 shall not be counted into the number of attending members for that case, and shall be documented as record.
中文原文 受刑人假釋實施辦法第8條
假釋審查會委員於假釋案件有下列情形之一者,應自行迴避,不得參與決議:
一、現為或曾為受刑人之配偶、四親等內血親、三親等內姻親或家長、家屬。
二、現為或曾為受刑人之代理人、辯護人或輔佐人。
三、現為或曾為受刑人之被害人、被害人之配偶、四親等內血親、三親等內姻親或家長、家屬。
有具體事實足認假釋審查會委員就假釋案件有偏頗之虞者,受刑人應舉其原因及事實,向假釋審查會申請迴避。
前項申請,由假釋審查會決議之,並作成紀錄。
監獄應將決議要旨以書面通知受刑人。
受刑人不服第二項申請經假釋審查會之駁回決定者,僅得於對實體決定提起復審或行政訴訟時,一併聲明不服。
假釋審查會主席明知當然委員或外聘委員有第一項情形不自行迴避,且未經受刑人申請迴避者,應依職權命其迴避。
依第一項及第五項規定迴避之委員,不計入該假釋案件之出席委員人數,並作成紀錄。

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