Detention Act Article 11

Every defendant shall receive a health examination upon arrival at a detention center, to which the defendant may not refuse; a defendant having any of the following situations shall be placed in the patient ward, segregated, escorted to a hospital or subject to other appropriate treatments, and the detention center shall report to the court that issues the detention order or the prosecutor immediately:1. There are objective facts adequately showing that the defendant lacks the cognitive abilities to handle his/her own affairs due to his/her physical or mental conditions;2. The defendant is suffering from an illness that his/her life may be in danger while under detention;3. The female individual is pregnant for more than five months or has given birth less than two months prior;4. The individual suffers from a notifiable communicable disease and his/her detention may cause cluster infection;5. The defendant suffers from frailty or physical or mental disability and cannot take care of himself/herself in detention center; or6. The defendant has obvious physical wounds and states that he/she has been subject to torture.If a defendant has any situation under Subparagraph 1, 2, or 6 of the preceding paragraph, and the detention center knows that the defendant has a defense attorney, the detention center shall notify the defense attorney.The examination specified in Paragraph 1 shall be administered by a doctor who may also perform necessary medical procedures. Where deemed necessary after the examination, the detention center may engage other outside professionals to provide assistance.Where the examination specified in Paragraph 1 cannot be administered in the detention center, the detention center may escort the defendant under guard to a hospital for examination.Where a defendant who is denied visits and correspondence by the court that issues the detention order has a situation described in the preceding paragraph, the detention center should, by its vested authority or at the request of the defendant, submit the diagnosis and relevant information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a hospital for examination. However in case of urgency, the detention center may first escort the defendant to a medical institution for examination and inform the court that issues the detention order immediately. If the court does not think examination at a hospital should be allowed, it shall issue a ruling of revocation in five (5) days.Where a defendant who is denied visits and correspondence by the court that issues the detention order has a situation that requires escort to a hospital according to the latter section of Paragraph 1, the detention center should, by its vested authority or at the request of the defendant, submit the defendant’s diagnosis information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a hospital for treatment. However in case of urgency, the detention center may first escort the defendant to a medical institution for treatment and inform the court that issues the detention order immediately. If the court does not think treatment at a medical institution should be allowed, it shall issue a ruling of revocation in five (5) days.