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Detention House

A detention house is an institution where juvenile offenders can be held temporarily, usually while they are under the supervision of a Family Court. In a general criminal adult case, the accused shall be confined in a detention center by means of a prosecutor’s file and a judge’s decision under certain legal conditions. In a case involving juveniles, the public prosecutor shall not file a request for general detention except in cases where this is unavoidable. In this case, a public prosecutor may file with a request for the measures of observation and protection in lieu of a request for detention by Article 17(1) of the Juvenile Law; however, the request for measures shall be filed with a judge of the Family Court. Therefore, measures for the observation and protection of juveniles (Kanho) are different from general detention (Ministry of Justice Rehabilitation Bureau 2014). Nevertheless, a juvenile who would be disposed of in the case of general detention may be detained in a juvenile classification home. With regard to the place for detention of the measure (Kanho), there are special codes in the Rule for the Disposition of Juveniles. Under the judge’s agreement, a prosecutor can put a juvenile who would otherwise assigned to a detention measure for observation and protection (Kanho) to a juvenile classification or a correctional facility.

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