Crime Victim Rights Protection Act (Taiwan) | Overview & Full Text

This Act is enacted for the purposes of protecting the rights of crime victims and/or their family members, providing support services and financial subsidies, restoring damage caused by criminal acts, and enhancing the security of society.

Protection of victims of criminal acts shall be governed by this Act. However, if other laws provide the same or more benefits than this Act, then those provisions shall apply.

The following terms as used in this Act are defined as follows:

1. The term “criminal act” shall mean a willful or neglectful act committed by any person within the territory of the Republic of China, or on board an R.O.C.-registered vessel/warship or aircraft outside the territory of the Republic of China, that resulted in fatal or bodily injury to another person and is criminally punishable under the laws of the Republic of China, and includes the criminal acts which are not punishable under Paragraph 1 of Article 18, Paragraph 1 of Article 19 and the forepart of Paragraph 1 of Article 24 of the Criminal Code of the Republic of China.

(1) Physical assault crimes: intentional or negligent act infringes on the life and body of others.

(2) The term “act of sexual assault crimes” refers to the crimes under Articles 221 to 226-1, 228, 229, Subparagraph 2 of Paragraph 2 of Article 332, Subparagraph 2 of Paragraph 2 of Article 334, and Subparagraph 1 of Paragraph 2 of Article 348 of the Criminal Code, the crimes under Article 33, Paragraphs 1-5 of Article 34, Paragraph 2 of Article 35, Paragraph 3 of Article 36, and Article 37 of the Child and Youth Sexual Exploitation Prevention Act as well as attempts to commit crimes prescribed in Paragraph 2, Article 35 and Paragraph 3, Article 36 of the Child and Youth Sexual Exploitation Prevention Act, and crimes under Article 227 of the Criminal Code whose victims are mentally or physically disabled, mentally defective or of any other similar condition, who are victimized as a result of illegitimate means such as promise of gain and deception or the use of power and influence, or who are violated by family members as defined in Article 3 of the Domestic Violence Prevention Act.

2. Crime victim: Anyone whose life, body, or sexual autonomy has been infringed due to a criminal act.

3. Family member: The spouse, relatives within the second degree of kinship of the crime victim mentioned in the preceding Paragraph, and persons who are not relatives but live in the same household with the object of maintaining the common living permanently are deemed to be the members of the house.

4. Restorative justice facilitator: Third-party professionals who impartially assist crime victims and defendants in participating in restorative justice procedures to restore the harm and impact caused by the criminal act.

5. Crime victim compensation: pecuniary compensation payable by the state in accordance with this Act to the family members of deceased victims, seriously injured victims of criminal acts, and victims of sexual assault crimes.

6. Serious injury: Any situation in which a person suffers physical harm as specified in Article 10, Paragraph 4 of the Criminal Code of the Republic of China due to a criminal act, or any situation that meets the items of major injury and illness specified in Article 48, Paragraph 1 of the National Health Insurance Act.

7. Protection organization: Any dedicated organization established with property endowed by the competent authorities to provide protection services stipulated in this Act.

8. Branches of protection organizations (hereinafter referred to as branches): Any branches established by the protection organization.

The Executive Yuan may convene cross-ministerial meetings to promote, coordinate, and integrate affairs related to the protection of the rights of crime victims, and regularly review the effectiveness of handling.

The competent authority referred to in this Act is the Ministry of Justice, which shall be in charge of the following matters:

1. Research, planning, and promotion of policies, regulations, and programs for the rights protection, protection services, and restorative justice of crime victims.

2. Coordination and promotion of relevant agencies/organizations in handling crime victim protection services.

3. Allocation and subsidy of crime victim protection service grants.

4. Planning and supervision of crime victim compensation affairs.

5. International exchanges and cooperation in crime victim protection services.

6. Planning for the establishment, command and supervision, awards, evaluation and mentoring of protection organizations.

7. Propaganda of services for crime victim rights protection .

8. Regular release of the execution and related statistics of the affairs of crime victim rights protection in Taiwan .

9. Other planning, promoting and supervising related to the protection of the rights of crime victims.

The competent authority may invite the Judicial Yuan to hold business liaison meetings regarding the protection of the rights of crime victims and their family members.

All competent authorities shall within their powers and areas of responsibility, proactively plan the necessary protection services and publicity measures to meet the needs of crime victims, as well as respect multicultural differences and fully cooperate with relevant agencies in matters related to the protection of crime victim rights.

The competent authorities of various specific purposes shall jointly protect the rights of crime victims and provide protection services. Their powers and responsibilities are separately defined as follows:

1. The competent authority for health and welfare: Planning, promotion and supervision of crime victims’ welfare services, public assistance, medical care, rehabilitation, long-term care for seriously injured crime victims, and other related rights.

2. The competent authority for policing: Protection of the personal safety of crime victims, provision of information regarding to care and assistance, notification of important progress of police investigations, criminal investigation and trial procedures, and other related rights.

3. The competent authority for labor: Planning, promotion and supervision of crime victims’ employment services, vocational training, labor rights and other related rights.

4. The competent authority for education: Planning, promotion, and supervision of crime victims’ rights to education, training of professional with expertise, and other related rights.

5. The competent authority for immigration: Assist the nationals without household registration in Taiwan Area, foreigners, stateless persons, and residents from the mainland, Hong Kong or Macau, who overstay because of being victims of crimes in Taiwan, on the protection of their rights to stay or settle in Taiwan, or cooperate and assist in handling follow-up repatriation matters.

6. The competent authority for transportation: Emergency handling and other necessary assistance for ROC citizens, foreigners, or stateless people who are crime victims while sightseeing within the territory of Taiwan.

7. The competent authority for foreign affairs: Provide necessary assistance for crime victims in foreign-related affairs.

8. The competent authority for Mainland affairs: Provide necessary assistance for victims of crimes involving the matters related to Mainland China, Hong Kong or Macau.

9. The competent authority for agriculture: Labor rights and other necessary assistance for non-ROC crew members as crime victims who were employed overseas by ROC fishing vessel operators.

10. The competent authority for culture: Responsible for handling publications violating the provisions of this Act and other related matters.

11. The competent authority for communication and broadcasting: Handling of violations of this Act by radio, television and other media under its purview.

12. Other measures for safeguarding and protecting the rights of crime victims shall be handled by corresponding relevant authorities in accordance with their authority.

Crime victims and their family members are entitled to protection services and measures safeguarding their rights that are consistent with human dignity and non-discrimination principles.

The competent authority and all of the relevant authorities shall prepare a budget to handle the protection of the rights of crime victims and protection services, and may encourage, guide or entrust non-governmental organizations to do so.

The competent authority may establish a fund to promote and strengthen services that protect the rights and interests of crime victims

Each of the relevant authorities shall assign or designate dedicated personnel to handle crime victim rights protection , protection services, referral of related cases, business liaisons, etc., and provide necessary assistance according to the needs of crime victims and their family members.

The judiciary, police, corrections, medical care, education, psychology and social work, and other relevant agencies/organizations or groups engaged in the protection of crime victims shall integrate courses concerning measures and regulations on the protection of crime victim rights and protection services into their routine education training programs.

The competent authority, all of the relevant authorities, protection organization and branches shall, according to the wishes of the crime victims and their family members, adopt appropriate measures to assist in the course of proceedings.

For those whose rights are protected under this Act, the organizations and overseas units shall provide necessary assistance and proactively inform them of their rights.

When, during the performance of their duties, personnel of the police and prosecution units is aware of anyone being entitled to this Act, they shall inform such person(s) of their right to apply for protection services and compensation for crime victims in accordance with this Act.

Persons that may be entitled to protection services are as follows:

1. Family members of those who have passed away due to criminal acts.

2. Persons seriously injured by criminal acts and the family members of such persons.

3. Persons whose sexual autonomy has been violated due to criminal acts and the family members of such persons.

4. Victims who survive or without seriously injured by suffering from domestic violence or human trafficking and the family members of such victims.

5. Children or juveniles who are the crime victims other than those specified in Subparagraphs 1 to 3 and the family members of such children or juveniles.

6. Family members who may apply for overseas compensation in accordance with Article 54.

7. Those with any other cases involving major public welfare or social attention and designated by protection organizations.

The relevant authorities and protection organization and branches shall respect the wishes and needs of the persons entitled to protection services in the preceding Article, and provide customized protection services.

Protection organization and branches shall handle the following duties:

1. Physical, psychological, medical, economic, application for crime victim compensation , and resettlement assistance.

2. Assistance in litigation procedures:

(1) Assisting in the investigation of the property of criminals or persons liable for compensation according to laws and regulations and civil claims.

(2) Accompanying these persons in court and assisting them when presenting their opinions.

(3) Assisting in the application for participation in litigation.

(4) Providing psychological counseling or guidance during the proceedings.

(5) Other necessary assistance during investigation, trial and after trial.

3. Assistance in life rehabilitation:

(1) Providing or assisting in the utilization of daily life support resources.

(2) Assisting in job matching and vocational training.

(3) Assisting in handling or providing micro loans.

(4) Providing or introducing education and study guidance resources for crime victims or their family members.

4. Cooperating and requesting the police to provide security protection.

5. Promoting, advocating, and conducting research on the protection of crime victims.

6. Approving and issuing financial allowances based on the needs assessment.

7. Other assistance that meets the needs of crime victims and their family members.

8. Collection, management, and use of funds.

For the duties mentioned in the preceding Paragraph, protection organization and branches may refer or entrust other agencies or groups to do so.

The provision of protection services referred to in Paragraph 1 is only available within the Taiwan Area, and protection organization and branches shall provide urgent and necessary assistance.

Protection organization and branches may issue the following financial assistance to crime victims and their family members based on the needs assessment results:

1. Emergency daily living support and funeral expenses.

2. Medical expenses, physical and mental treatment, counseling and guidance expenses that are not covered by the National Health Insurance.

3. Litigation, non-litigation costs and attorney fees.

4. Resettlement costs and housing rent.

5. Living expenses, education expenses, and childcare fees.

6. Other necessary expenses.

The application qualifications, conditions, procedures, amounts, and other related matters for the financial assistance in the preceding Paragraph shall be formulated by the protection organization and submitted to the competent authority for approval.

Protection organization and branches shall immediately provide protection services or related assistance to those who have sufficient grounds to be identified as crime victims or family members of this Act, and shall not request any repay for the services. However, this does not apply to those who adopt false or other improper methods to make protection organization and branches issue financial subsidies.

When the competent authority and each of the relevant authorities implement protection of the rights of crime victims, protection organizations and branches shall be included in the service network.

When protection organization and branches handle the duties stipulated in this Act, all of the relevant authorities, the governments of municipalities and counties (cities) shall provide necessary assistance.

Competent authorities and protection organization may, as necessary, hold business liaison meetings with relevant authorities, the governments of municipalities and counties (cities) to coordinate matters related to the protection of the rights of crime victims.

The branches shall hold regular meetings with relevant agencies/organizations or units of the municipality, county/city government, and jointly promote the protection of the rights of crime victims.

To implement the protection services stipulated in this Act, protection organization and branches may request relevant agencies/organizations, groups, and legal persons to provide contact information of crime victims or family members, as well as personal or property data and information of criminals or persons legally liable for compensation; the recipients of such requests shall not refuse unless otherwise stipulated by law.

The information obtained and learned by protection organization and branches during the implementation of protection services stipulated in this Act shall be kept confidential.

The preservation, processing, utilization, and removal of the information in the preceding Paragraph obtained by protection organization and branches due to their operations shall be done in accordance with the Personal Data Protection Act and the Juvenile Justice Act.

During investigation or trial, judicial personnel shall, in accordance with relevant laws and regulations, provide necessary assistance or adopt appropriate protective measures according to the needs of crime victims or their family members.

The situation in the preceding Paragraph does not apply to persons performing defense duties.

When judicial personnel, judicial police personnel/officers, or branch staff, while performing their duties, find that a crime victim or their family members meet the application requirements stipulated in the Legal Aid Act, they shall notify the aforementioned persons of their rights to apply in accordance with the laws and regulations.

When the crime victims or their family members do not meet the application requirements stipulated in the Legal Aid Act, the branch shall provide appropriate assistance in legal proceedings according to their wishes and needs.

In order to handle the introductions set forth in the previous two Paragraphs, the branch shall establish a collaborative service and contact mechanism with the Legal Aid Foundation.

The situation in Paragraph 1 does not apply to persons performing defense duties.

For family members of the deceased due to intentional criminal acts of third parties, and other crime victims or their family members designated by protection organization in cases involving major public interest or social attention, who do not appoint lawyers to act as their representatives or agents during the investigation or trial, the protection organization or branches shall appoint lawyers for them after actively obtaining their wishes.

At the request of the person who witnesses the criminal acts stipulated in this Act and such request being evaluated and deemed necessary, the branch shall provide or refer services such as psychological treatment, psychological counseling, or consultancy that meet his/her needs.

When the crime victims or their family members initiate a civil lawsuit against the criminal or the person legally liable to claim damages or file an appeal in accordance with the civil procedure, the litigation fee will be temporarily exempted, and the enforcement fee will be temporarily exempted when applying for compulsory enforcement.

In the lawsuit mentioned in the preceding Paragraph, where the crime victims or their family members apply for provisional seizure or provisional enforcement for the purpose of preservation and enforcement, the security ordered by the court in accordance with the Civil Procedure Act shall not be higher than one-tenth of the requested amount or value.

The security stated in the preceding Paragraph may be replaced by a letter of guarantee issued by the protection organization or branches. However, this does not apply to those cases that have no hope of winning the lawsuit.

When the reasons for issuing the letter of security in the preceding Paragraph extinguish, the protection organization or branches may apply, in its own name, for withdraw the letter from the court .

The provisions of the preceding three Paragraphs shall apply mutatis mutandis to the court’s declaration of provisional execution of the security provided upon petition or ex officio.

The prosecutors office or the court may, at the request of the crime victims or their family members, provide case progress inquiry or notification services by criminal procedure information platform .

The above-mentioned claims or other case progress inquiries or notification services may be assisted by protection organization and branches.

The preceding two Paragraphs do not apply to cases of juvenile protection and juvenile crimes.

The crime victims or their family members may express their opinions to the correction institutes where the prisoner is located or entrust the protection organization or branches to convey their opinions on the parole review of the prisoner, either verbally or in writing.

When a prisoner escapes, the correction institute shall immediately notify the police administration. Upon discovering any crime victims under this Act after reviewing the criminal acts and criminal record of the prisoner, the police administration shall immediately notify the crime victims or their family members, and provide appropriate personal safety protection. However, this does not apply to cases where the residence of the crime victims or their family members is unknown and cannot be notified or it is obviously difficult to notify.

The provisions of Paragraph 1 are not applicable to juvenile crime cases.

The police administration shall provide emergency rescue, personal safety, care services and necessary assistance to the crime victims or their family members after learning of the occurrence of the case, and shall, within 24 hours after learning of the contact information of the crime victims or their family members, notify or refer relevant institutes or branches to provide assistance to victims or their family members aboved.

The competent authority in charge of health and welfare shall provide services for victims of serious injury and their family members in accordance with the relevant provisions of the Long-Term Care Services Act and the People with Disabilities Rights Protection Act.

Protection organization and branches shall plan and implement bridging care service measures according to the needs of victims of serious injury and their family members and provide necessary financial subsidies for those who are unable to take care of themselves after assessment.

The entitlement to allowances, and the amount, review procedure, evaluation standard, issuance period and other related matters in the preceding Paragraph shall be drafted by the protection organization and submitted to the competent authority for approval.

For crime victims and their family members who are willing to work but lack the capability of employment, the competent authority in charge of labor shall provide services for preparatory employment or supportive employment.

The competent authorities in charge of culture and communication shall supervise the media to conduct regular education and training for media professionals to improve self-discipline and protect the privacy and reputation of crime victims and their family members.

Providers of promotional materials, publications, radio, television, Internet contents, or other media operators shall protect or safeguard the reputation and privacy of crime victims or their family members when reporting crimes or producing related programs.

If the crime victims or their family members perceive errors in a radio or television report, they may request correction or other necessary measures within 20 days from the day the report was broadcast or published.

If the crime victims or their family members deem that a report through publicity materials, publications, Internet content providers or any other media operators is incorrect, they may request correction, removal, unload, or any other necessary measure within 20 days from the date such report was broadcast or published.

Media operators shall, within 7 days after receiving the request, correct, remove, or take other necessary measures on the original program broadcast by the report or the program at the same time period, or on the same publication or the same page where the report was published. If the media operators believe that such report is genuine, they shall reply to the crime victims or their family members with the reasons in writing.

The crime victims or their family members may request assistance from the competent authority, each of the relevant authorities , protection organization or branches for the requirements of Paragraphs 2 and 3 of the preceding Article.

When the crime victims or their family members suffer damage due to a report referred to in Paragraph 1 of the preceding Article, the media operators, the persons in charge, and related personnel shall bear civil, criminal, and administrative liabilities in accordance with relevant laws and regulations.

During the investigation or trial, the prosecutor or the court may request the assistance of the police administration when there are specific facts showing that security protection for the crime victims or their family members is necessary.

This also applies to situations in which the branch deems it necessary to protect the personal safety of crime victims or their family members during the process of implementing protection services.

When the court approves the suspension of detention for any defendant in any case where an intentional criminal act results in death, serious injury, or violation of sexual autonomy, the court may, after considering the balance between human rights protection and public interest and deeming it necessary, ex officio or upon request by the prosecutor, set a certain period of time not exceeding two years and order such defendant to comply with the following:

1. Not jeopardize the body or property of the crime victims or their family members.

2. Not threaten, harass, contact, or stalk crime victims or their family members.

3. Not approach the residence, school, workplace, or other specific places frequently visited by the crime victims or their family members at a specific distance unless justifiable reasons exist.

4. Any other prohibition regarding matters that jeopardize crime victims or their family members.

When the court grants permission to suspend the detention of the defendant who committed a crime under Chapter 28-1 of the Criminal Code of the Republic of China, or committed a crime under Articles 304, 305, or 346 of the Criminal Code of the Republic of China with sexual images, after considering the balance of protection of human rights and public interests and deeming it necessary, the defendant may be ordered to comply with the following within a certain period of time not exceeding two years ex officio or upon request by the prosecutor:

1. Items in Subparagraphs 1 to 3 of the preceding Paragraph.

2. Not reproduce, distribute, broadcast, deliver, publicly display, or use other methods to allow any other persons to view the victim’s sexual images.

3. Present or submit sexual images of the victims.

4. Remove or apply to the providers of Internet platforms, Internet application services, or Internet access services to delete the uploaded sexual images of the victims.

5. Not jeopardize the victims in any other manners.

The provisions of the preceding two Paragraphs may be changed, extended, or revoked upon petition or ex officio. Each extension period shall not exceed one year.

Anyone who violates the matters ordered by the court to be complied with in accordance with Paragraphs 1 and 2 may be directly arrested.

After the suspension of detention, the court may order the defendant to be detained again if the defendant, violates any of the matters ordered by the court to be complied with according to Paragraphs 1 and 2 .

The preceding Article shall apply mutatis mutandis when the prosecutor orders any bail, custody, or limitation to the residence based on the proviso of Article 93, Paragraph 3 or Article 228, Paragraph 4, of the Code of Criminal Procedure or the court orders any or all of the above actions based on Article 101-2 of the Code.

The court, judge, or prosecutor shall record the following items in writing to order the defendant to comply with the ruling or disposition in accordance with the preceding two Articles:

1. The name, gender, date of birth, name and number of the identity document, and residence of the defendant.

2. The offence charged and the laws violated.

3. Brief reasons.

4. Matters to be observed and legal effects of violations.

5. The period to be observed.

6. Remedies when disagreed.

The written ruling or sanction referred to in the preceding Paragraph shall become effective upon issuance.

The written ruling or disposition referred to in Paragraph 1 shall be served on the defendant, and the provisions of Chapter VI of Part 1 of Code of Criminal Procedure shall apply mutatis mutandis.

The ruling or disposition on matters that the defendant is ordered by the court, judge or prosecutor to comply with in accordance with Articles 35 and 36, shall be delivered to the prosecutor, the crime victims or their family members, the defendant and the local police administration where the court is located, governments of municipality or county (city), protection organization and branches , within 24 hours.

Those who disagree with the ruling or disposition of Articles 35 and 36 may file an appeal or petition for revocation or modification, and the provisions of Part 4 of the Code of Criminal Procedure shall apply mutatis mutandis.

When the prosecutor interrogates or the prosecutorial investigator, judicial police officer, or judicial police interviews the crime victims or their family members, they shall inform above crime victims or their family members of the provisions of Articles 35 and 36, and record their opinions.

For anyone who shall comply with the items in Subparagraphs 1 to 3 of Paragraph 1 and Subparagraphs 1 to 4 of Paragraph 2 of Article 35 but violate the orders made by the court, judge or prosecutor in accordance with Articles 35 and 36 without any justifiable reason shall be sentenced to an imprisonment of three years at maximum, detention, or a fine of NT$ 300,000 at maximum.

When it is determined that the defendant is not to be prosecuted, not guilty, exempted from prosecution, or the prosecution is not accepted, the ruling or the disposition made by the court, judge or prosecutor in accordance with the provisions of Articles 35 and 36 shall become invalid upon finalization.

The provisions of the Code of Criminal Procedure shall apply mutatis mutandis to matters concerning protective orders for crime victims that are not covered in this Chapter.

Before referral to appropriate agencies/organizations or groups for restoration at the request of crime victims and defendants, the prosecutor or the court shall explain the nature of the referral for restoration and inform them the relevant procedures and the exercisable rights.

Crime victims and defendants who participate in restoration may withdraw from the procedure at any time without giving a reason.

When the prosecutor or the court inquires the crime victims for their opinions based on the defendant’s apply for restoration referral, it is required to be especially aware of the possible emotional reaction of the victims; and when necessary, may appoint the appropriate personnel to do so.

If the crime victims have no capacity to make judicial acts, have limited capacity to make judicial acts, are subject to guardianship or curatorship declaration, or are dead, the inquiry stated in the preceding Paragraph shall be made to the legal representative, guardian, curator, or family members of such victims.

During the restoration process, it is required to be aware of the personal safety of the crime victims, and a safe environment and measures shall be available.

For referrals are made by the prosecutor or the court for restoration process, the following matters shall be noted:

1. Maintain neutral and treat all and any parties concerned fairly.

2. Respect any party’s wishes and self-determination.

3. Avoid the tone of instruction or persuasion, and do not criticize the behaviors of any parties concerned.

4. Protect the privacy of participating parties.

Restorative justice facilitators or personnel of any agencies/organizations or groups they are affiliated to shall not disclose information obtained during the restorative process without justifiable reason, except with the consent of the crime victims and defendants.

Statements made by crime victims and defendants during the non-public restorative process shall not be used as the basis for the investigation or judgment of the case concerned. However, if both parties agree or if the law stipulates otherwise, such restriction shall not apply.

Restorative justice facilitators shall be aware of gender equality, respect multicultural perceptions, uphold the principles of professionalism and neutrality, assist both parties in restoration, and avoid causing further harm or injury.

The provisions of the preceding 5 Articles may be applied mutatis mutandis when relevant organizations handle restorative justice processes.

The family members of deceased victims, those who have been seriously injured, and those whose sexual autonomy has been infringed shall be entitled to apply for crime victim compensation. However, this does not apply to persons who are entitled to claim for payment or compensation in accordance with the Compulsory Automobile Liability Insurance Act.

Compensation payable to crime victims shall be paid by the District prosecutors offices and its branches; the sources of budgets required are as follows:

1. Budgets planned by the competent authority.

2. Work surplus by correction institutes.

3. Confiscated proceeds of crimes.

4. Probation payments.

5. Payments for deferred prosecution.

6. Payments for plea bargains.

7. Donations from groups or individuals.

8. Other income.

The categories of crime victim compensation and the persons entitled to receive such compensation are as follows:

1. Survivor Compensation: payable to the family members of deceased victims of criminal acts.

2. Serious injury Compensation: payable to seriously injured victims of criminal acts.

3. Sexual assault Compensation: payable to victims of sexual assault crimes.

4. Overseas compensation: payable to family members of deceased victim of ROC nationals with household registration in the Taiwan who passed away outside the territory of ROC due to intentional crimes committed by any other third parties.

The compensation under the preceding Paragraph shall be paid in a lump sum, or in installments at the request of the applicant.

The family members in each category below are entitled to apply for the survivor compensation or overseas compensation if the family members in the categories above them do not exist:

1. Parents, spouse, sons and daughters.

2. Grandparents.

3. Grandsons and granddaughters.

4. Brothers and sisters.

If there are two or more persons who are qualified and in the same priority stated in the preceding Paragraph, they shall make a joint claim. If there is no joint claim or a third party makes a claim before the compensation decision is made, all applicants shall be notified to agree to have one of them to make such claim. If no agreement is reached, the compensation for the survivors shall be distributed equally to each applicant according to the number of applicants.

When any of the survivors in the same priority makes a waiver or is under any of the circumstances listed in Article 56, the other survivors of such priority may make a claim. If there are no other survivors of such priority, the survivors in the next priority may make a claim.

After the survivor compensation or overseas compensation has been issued, if there are other unrecognized or undiscovered survivors in the same priority, the survivors who have received the compensation shall be responsible for distributing the compensation to such survivors.

When citizens of Republic of China victimized outside its territory by intentional conduct of any other person die after December 9, 2011, their family members may apply for overseas compensation conditional upon the following:

1. The victim has its family registration in the Taiwan area and the registration was not removed out of his or her moving abroad.

2. The victim has neither illegally left the country nor is wanted for any criminal procedure.

3. The intentional conduct is subject to criminal punishment in accordance with the laws of Republic of China by the time such a conduct occurs.

When the crime victims or the family members of the deceased victim are unable to apply for compensation payable to the crime victim, they may appoint an agent to make an application on their behalf.

If the crime victims or the family members of the deceased victim are unable to appoint an agent, or the crime victim, who suffered serious injury or whose sexual autonomy has been infringed, is a minor, or a person under declaration of guardian or under curatorship, while his/her statutory guardian or curator is the perpetrators, the crime victims’ family members, or the municipality and county (city) government or the protection organization branch of the jurisdiction of the registered address may make application on their behalf.

In any of the following situations, a family member of a deceased victim shall not be entitled to claim payment of the survivor compensation and overseas compensation:

1. He/she caused, intentionally or through negligence, the death of the victim.

2. Before the death of the victim, he/she intentionally caused the death of another family member of the deceased victim, who has an entitlement of a higher or the rank to claim survivor compensation or overseas compensation.

3. After the death of the victim, he/she intentionally caused the death of another family number of the deceased victim, who has an entitlement of a higher or the rank to claim survivor compensation or overseas compensation.

The amounts of compensation payable to various crime victims are as follows:

1. Survivors compensation: NT$1,800,000.

2. Serious injury Compensation: NT$800,000 to NT$1,600,000.

3. Sexual assault Compensation: NT$100,000 to NT$ 400,000.

4. Overseas compensation: NT$200,000.

When the accumulative growth rate of the consumer price index released by the Directorate General of Budget, Accounting and Statistics reaches 5%, the competent authority shall report to the Executive Yuan for approval and adjustment of the amounts specified in the preceding subparagraphs.

Before the minor applying for compensation payable to crime victims reaches the age of majority, or the guardianship or curatorship declaration of such applicant is revoked, based on the best interests of such person, the compensation may be entrusted to the protection organization or branch for management which may be paid out in installments or monthly with interest or in one lump sum upon reaching the age of majority.

No compensation shall be paid for all or part of the compensation may be reduced under any of the following circumstances:

1. The crime victims committed intentional or gross negligence for the situation he/she suffers. However, this does not apply to the case where the crime victims are those without capacity to make judicial acts.

2. Based on the relationship between the crime victims or their family members and the perpetrators of the crime and other circumstances, it is deemed to be inappropriate to pay such compensation.

The compensation payable to crime victims under any of the following circumstances shall be returned in full, and the interest calculated from the date of receipt shall be paid:

1. Under the circumstances stipulated in Article 56 that the application cannot be made.

2. Applying for compensation payable to crime victims through deception or other dishonest means.

The District Prosecutors Offices and its branches shall organize a Crime Victim Compensation Review Committee (hereinafter referred to as the “Review Committee”) in charge of screening and making decisions on compensation claims and other relevant matters.

The High Prosecutors Office and its branches shall organize the Crime Victim Compensation Reconsideration Committee (hereinafter referred to as the “Reconsideration Committee”) to direct and supervise the Review Committee’s handling of crime victim compensation claims and shall process and make decisions of appeals against decisions of the Review Committee.

Both the Reconsideration Committee and the Review Committee shall each have one convener who shall be the Chief Prosecutor of the High Procurators Office or its branch, or the Chief Prosecutor of the District procurators office or its branch. There shall be six to ten members with a three-year term, who shall be the prosecutors and other professionals specializing in the field of law, medical science, psychology, social work, crime prevention, or related expertise , and who shall be selected by the Chief Prosecutor after reporting to the competent authority for approval. Staff members of the Review Committees and the Reconsideration Committees shall be the existing staff members of the Prosecutors Offices concerned.

The committee members of the preceding Paragraph shall not be less than one-third for any gender, and shall not be less than one-half of persons with various expertise; members of the Review Committee shall not concurrently serve as members of the Reconsideration Committee.

When the meetings of Reconsideration Committee and Review Committee are held, the protection organization or branches shall be invited and shall dispatch representatives to attend the meetings.

Any person claiming crime victim compensation under this Act shall file a written application attached with relevant supporting documents with the Review Committee at the jurisdiction where the criminal act at issue was committed. However, those who apply for overseas compensation shall submit the application to the Review Committee of the area where crime victim’s household is registered.

Under any of the following circumstances, the competent Review Committee processing a compensation claim shall be designated by the Reconsideration Committee at the jurisdiction where the central government is located:

1. The place where the criminal act at issue was committed is unknown.

2. There is a dispute over which committee is the competent authority to process the compensation claim at issue.

3. There is no committee eligible to process the compensation claim.

The right to claim for crime victim compensation shall be extinguished if the claimant has not exercised such right within five(5) years since the time the claimant became aware of criminal act at issue. The same rule shall be applied if ten(10) years have elapsed from the date when the criminal act was committed. However, any person who was a minor at the time of the crime may make the claim within five years upon reaching the age of majority.

In the case of the preceding Paragraph, if a person is seriously injured due to a criminal act, his/her right to claim will be extinguished if he/she does not exercise it within five(5) years from the time upon becoming aware of the serious injury.

The Review Committee’s decision on the application for compensation shall be made in writing within three(3) months either from the date of receipt of the application when the facts of the crime are clear; or from the date of the conclusion of the investigation, inspection or related investigation when the fact of the crime can only be ascertained by referring to the information obtained from the investigation of the judicial authority.

An applicant who disagrees with the decision made by the Review Committee may, within 30 days after receiving the decision, file with the Reconsideration Committee a written appeal for reconsideration stating therein the reason for such appeal.

If the Review Committee fails to make a decision within the period specified in the preceding Article, the applicant may apply in writing to the Reconsideration Committee to make a decision within 30 days after the expiration of the period.

The provisions of the preceding Article shall apply mutatis mutandis when the Reconsideration Committee makes a decision on an appeal for reconsideration or makes a decision bypassing the Review Committee.

If the applicant disagrees with the reconsideration decision made by the Reconsideration Committee, or a decision of the Reconsideration Committee made while bypassing the Review Committee, or the Reconsideration Committee fails to make a decision within the period under Article 64, the applicant may, within 30 days after receiving the decision or the expiration of the period, directly file an administrative litigation.

The Reconsideration Committee and Review Committee shall, as a matter of principle, conduct a document review when handling affairs related to compensation for crime victims. If investigation is necessary, the applicant and related parties may be notified to present their opinions, and relevant organizations or groups shall provide necessary assistance.

If the applicant, without justifiable reason, refuses to submit documents or other necessary materials, or to accept physician’s diagnosis, or to present an opinion, the Reconsideration Committee and Review Committee may dismiss the applicant’s appeal or application or render a decision by default.

If a claimant is in urgent need, the Reconsideration Committee and the Review Committee may make a decision for payment of provisional compensation ex officio or upon application, before deciding the compensation claim.

The Review Committee and the Reconsideration Committee shall make a decision on the application for provisional compensation in the preceding Paragraph in writing within two months from the date of receipt of the application.

No appeal for reconsideration or administrative litigation may be filed against a decision regarding provisional compensation.

The provisional compensation shall not exceed NT$ 400,000.

If a decision was made to pay compensation to a crime victim, it shall be paid after deducting the amount of provisional compensation already received. If the provisional compensation exceeds the total amount of compensation or the application for compensation is rejected, the review committee shall order the recipient to return the difference or the full amount.

The collection of compensation payable to crime victims and provisional compensation shall not be accepted after two years since the date of notification of acceptance.

When payment of compensation is received under any of the circumstances listed in Article 60 or Article 69, Paragraph 2, the Review Committee shall order the obligor in writing to return it within a time limit. Those who fail to return within the time limit shall be subject to administrative enforcement.

Article 65, Paragraph 1 and Article 66 shall apply mutatis mutandis to those who disagree with the decision of the Review Committee in the preceding Paragraph to order the return.

Compensation payment to be returned shall be paid with a priority higher than the rights of ordinary creditors.

The right to receive compensation payable to crime victims and provisional compensation shall not be withheld, transferred, set off, or provided as collateral.

The crime victims or the family members of deceased victims may present the proof issued by the protection organization and open a designated account with a financial institution for the purpose of depositing the crime victim compensation or provisional compensation.

The deposits in the designated account referred to in the preceding Paragraph shall not be subject to off-setting, seizure, collateral or compulsory enforcement.

Protection organization and branches shall provide necessary assistance for crime victims or their survivors to apply for compensation payable to crime victims in accordance with this Act.

Where a crime victim or the family members of deceased victims entrust an agent to handle the application for compensation payable to crime victims and agrees on remuneration, the agreement shall be invalid.

The compensation payable to crime victims received in accordance with this Act and financial subsidies issued by protection organizations and branches shall not be included in the total household income of the Public Assistance Act.

To assist in rebuilding the daily lives of crime victims and their family members, the competent authority shall establish a protection organization.

Such protection organization shall be a foundation, and subject to the instruction and supervision of the competent authority. The protection organization shall be approved by the competent authority before registration. The organization and supervision regulations shall be prescribed by the competent authority.

The scope of supervision to the protection organization by the competent authority in the preceding Paragraph shall include the following items:

1. Approval of establishment.

2. Organization management, operations, and facility status.

3. Annual work plan and major measures.

4. Safekeeping and utilization of property accrued interests.

5. Budget and final accounts and financial status.

6. Protection services and quality.

7. Matters related to the protection of the rights of crime victims.

8. Other matters required to be supervised by laws.

The sources of funds for the protection organization are as follows:

1. Budgets planned by the competent authorities.

2. Probation payments.

3. Money for deferred prosecution.

4. Payment for plea bargaining.

5. Donations from groups or individuals.

6. Other income.

The address of the protection organization shall be located at the location of its competent authority. However, this does not apply to those approved by the competent authority.

Protection organizations may set up branches according to the jurisdiction of the local prosecutors offices.

The protection organization shall formulate charters regarding donations and organization.

The charters referred to in the preceding Paragraph shall include the following:

1. Purpose and name.

2. The address of the protection organization and its branches.

3. The types, total amounts, and methods of storage and use of donated property.

4. Operation items.5. Number, qualification, procedure for the appointment, term of office, selection and removal of directors and supervisors.

6. Organization, duties and powers and resolution method of the Board of Directors .

7. The date when the charter of donation is formulated.

8. Other important matters stipulated in this Act.

The protection organization shall set up a board of directors consisting of 15 directors who shall be appointed by the competent authority from the following persons:

1. Two representatives from the competent authority, one representative from the competent authority in charge of health and welfare, one representative from the competent authority in charge of police, and one representative from the competent authority in charge of labor.

2. One lawyer recommended by the National Bar Association, who has been engaged in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.

3. One psychologist recommended by the Taiwan Counseling Psychologist Union, and one psychologist recommended by the Association of Taiwan clinical Psychologists, who have participated in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.

4. One social worker recommended by the National Association of Social Workers, who has participated in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.

5. One scholar or expert who has conducted research on crime victim rights protection.

6. Two persons who are upright or diligently dedicated to public welfare.

7. One representative of a group or organization related to the protection of the rights of crime victims and protection services.

8. Two representatives of crime victims or their family members.

The board of directors shall, one month before the expiration of the term of directors of each session, nominate the candidates in an amount that is double of the number of board members to be elected for the next session of directors in accordance with the provisions of Subparagraphs 2 to 8 of the preceding Paragraph, and submit the list to the competent authority for appointment along with the candidates for directors selected in accordance with Subparagraph 1 of the preceding Paragraph.

The number of directors referred to in Paragraph 1 shall not be less than one-third of each gender.

When the board of directors convenes a meeting, the representatives from the competent authority, protection organizations and branches shall be notified to attend the meeting.

The duties and powers of the board of directors are as follows:

1. Appointment and dismissal of the Chief Executive Officer, the Deputy Chief Executive Officer and personnel of other important positions.

2. Proposal for amendments to the charter of endowment.

3. Review and promotion of work plans.

4. Fund raising, and management and utilization of funds.

5. Approval of annual budget and final accounts.

6. Management and utilization of property.

7. Establishment and management of internal organization.

8. Dissolution or merger of protection organization.

9. Formulation of important regulations.

10. Decisions on other major matters.

The protection organization shall have a chairperson who represents the organization externally.

The chairperson shall be elected from among the directors, and shall be appointed by the protection organization after reporting to the competent authority for approval. The term of office shall be the same as that of the directors.

The board of directors may establish a board of managing directors consisted of three to five managing directors. Except for the chairperson who shall ex officio be a managing director, the others shall be elected from among the directors.

If the chairperson asks for leave, or is unable to exercise his/her powers for any reason or in accordance with the laws, the chairperson shall designate one of the managing directors to act as the proxy; if the chairperson fails to designate or is unable to appoint a proxy, such proxy shall be elected among the directors.

The protection organization shall have three supervisors, who shall be appointed by the competent authority:

1. One representative from the competent authority.

2. One lawyer recommended by the national bar association.

3. One accountant recommended by the national association of accountants.

The protection organization shall have one standing supervisor, who shall be elected among the supervisors and appointed after approval by the competent authority; and the term of office shall be the same as that of the supervisors.

The duties and powers of the supervisor are as follows:

1. Supervise performance execution and financial status.

2. Audit financial account documents, documents and property information.

3. Supervise the implementation of affairs in accordance with relevant the laws, regulations and charters of donation.

The number of supervisors referred to in Paragraph 1 shall not be less than one-third of each gender.

The standing supervisor shall attend the board of directors’ meeting.

The directors and supervisors of protection organization are non-paid positions, whose terms of office shall be three years. They can be re-elected after such a term expires.

The number of directors and supervisors re-elected in the preceding Paragraph shall not exceed two-thirds of the total number of re-appointed positions. However, this does not apply to those approved by the competent authority due to working needs or special circumstances.

Directors who concurrently hold positions as public servants, and those who shall be reassigned along with their positions, shall not be included in the number of re-elected directors.

If a director or supervisor is dismissed due to resignation, death or inability to perform duties for any reason before the expiration of the term of office, the protection organization shall report to the competent authority to appoint another person in accordance with the provisions of this Act, and the successor shall serve until the end of the original term.

If the chairperson or standing supervisor falls under the circumstances of the preceding Paragraph, the competent authority may order the protection organization to re-elect within a specified time limit. Before re-election, the directors or supervisors shall recommend one person among them to act as the proxy.

Anyone who falls under any of the following circumstances shall not serve as a director or supervisor of a protection organization:

1. Sentenced to fixed-term imprisonment or other more stringent punishments.

2. The managing director or supervisor violates the laws or the charters of donation, resulting in damage to the public interest or the interests of the foundation.

3. The selected directors and supervisors fail to comply with the policies of the competent authority in performing their duties, resulting in violation of the purpose of selection or appointment.

4. Subject to the declaration of bankruptcy or being ordered to initiate liquidation procedures in accordance with the Consumer Debt Clearance Statute and has not yet fully recovered.

5. The guardianship or curatorship declaration has not been revoked.

If a director or supervisor falls under any of the circumstances in Subparagraphs 1 to 3 of the preceding Paragraph, the competent authority shall remove him/her from his/her post and notify the court for registration. If there is any of the circumstances prescribed in Subparagraphs 4 or 5, such director and supervisor shall be discharged and the competent authority shall notify the court of such registration.

The protection organization shall have one full-time CEO; one to three Deputy CEOs, at least one of whom shall be full-time, who shall have relevant expertise in the law, psychology, social work, crime prevention, institutional management, etc., and shall be appointed by the protection organization.

The term of office of the CEO and Deputy CEOs shall be three years, and may be renewed upon expiry. The CEO shall be subject to supervision by the board of directors and manage the board affairs. The Deputy CEOs shall assist the CEO in handling the board affairs.

The appointment of the CEO and Deputy CEOs shall be submitted to the competent authority for approval after being submitted by the chairperson to the board of directors for approval.

The CEO or Deputy CEOs who resign or become ineligible shall be dismissed, and the dismissal procedure is the same as the appointment procedure.

Directors, supervisors, CEO and branch chairperson shall recuse themselves when conflict of interests occurs in the execution of their duties.

Directors, supervisors, CEO and branch chairperson shall not seek any interest for themselves or their related parties by abusing the power, opportunities or methods in execution of their duties.

A spouse or relative by blood or marriage within three degrees of kinship of a director or supervisor may not hold a position of general affairs, accounting or human resources of the protection organization and its branches.

The chairperson of the board of directors or the chairperson of a branch shall not hire his/her spouse, or relatives by blood or marriage within third degrees of kinship, to serve in the protection organization or its branch.

Based on its working requirements, protection organization and branches may establish various specialized committees to provide consulting opinions, or assist in the planning and implementation of crime victim rights protection.

The protection organization and branches shall, according to the nature of their works and consultation issues, invite the relevant professionals with the knowledge and practical working experience to participate in the specialized committees mentioned in the preceding Paragraph.

The branch shall establish a standing committee consisting of 9 to 15 non-paid members, who shall be selected and appointed by the protection organization from those who have one of the following qualifications:

1. Personnel in Subparagraphs 2 to 8 of Paragraph 1 of Article 79.

2. One person respectively from the social, police, health or labor administration institute, or unit of the municipality or county (city) government where the branch is located.

One of the committee members in the preceding Paragraph shall be the chairperson, who shall represent the branch externally and manage the works of the branch. Such members shall consist of persons with the relevant expertise in the laws, psychology, social work, crime prevention, institutional management, etc., or with rich experience in crime victims’ protection works and outstanding reputation, and the term of office shall be three years, and may be renewed upon expiry but may only be re-elected once.

The committee shall provide professional advice on the branch’s implementation of crime victim protection service strategies, programs, plans, etc., and assist in the use and coordination of resources of the relevant agencies and groups.

The appointment, resignation or dismissal of the chairperson shall be performed by the protection organization and submitted to the competent authority for reference.

The committee members of either gender shall not be less than one-third.

The branch shall have a director who shall hold a full-time position, and shall have the relevant expertise in the law, psychology, social work, crime prevention, institutional management, etc., and shall handle the affairs of the branch under the orders of the branch’s chairperson.

The appointment and dismissal of a director shall be submitted to the protection organization by the CEO or the chairperson of the branch.

Protection organization and branches shall have an adequate number of staff who shall have professional experience within the scope of works specified in this Act. However, this does not apply to those who are employed to handle administrative affairs.

Matters related to human resources such as employment, dismissal, service, benefits, pension, welfare and performance appraisal of the staff mentioned in the preceding Paragraph shall be drafted by the protection organization, and implemented after being submitted to the competent authority for approval.

When establishing the salary payment standard of for the full-time personnel mentioned in the preceding Paragraph, the protection organization shall take into account the factors such as the nature and scale of the organization, professionality of personnel, the weight of responsibilities, the salary level in the private sector, and the supply and demand of professionals in the market.

The fiscal year of protection organization shall adopt the calendar year system.

Protection organization shall submit the protection working results and accounting reports to the competent authority for reference on a monthly or regular basis.

The protection organization shall formulate the work plan and budget for the next year before July 31 of each year, and submit it to the competent authority for reference after being approved by the board of directors. The audited final accounts of revenue and expenditure, as well as the property list shall be submitted to the competent authority for reference before April 15.

The formats, items, preparation methods, items to be recorded and other matters to be complied with in the preceding Paragraph shall be submitted to the competent authority in accordance with the regulations stipulated by the competent authority.

The competent authority shall require the protection organization to propose annual performance targets before March of each year and to handle the annual performance appraisal before May 31 of the following year.

The performance targets stated in the preceding Paragraph shall be stipulated in the annual work plan and submitted to the competent authority for reference, and the performance appraisal results may also be adopted as a reference for staff adjustments and subsidies (donations).

Protection organization shall proactively disclose the following information:

1. The information mentioned in the preceding Article that has been reviewed by the competent authority shall be made public within one month after the review.

2. A list of subsidies and donations received in the previous year. However, those who have subsidized, donated but expressed their refusal in writing in advance may waive such disclosures.

3. Other information that shall be disclosed within a specified time limit as designated by the competent authority to facilitate public supervision.

The voluntary disclosure of the protection organization information shall be conducted in one of the following manners, unless otherwise provided by the laws or designated by the competent authority:

1. Publish in newsprint or other publications.

2. Transmission via telecommunication network or other methods for the public to inquire about online.

3. Provide public viewing, transcription, photocopying, audio recording, video recording, photography, reproduction or duplication.

In order to encourage civil society to participate in the work of protecting the rights of crime victims, or to donate property to protection organization, the protection organization shall formulate guidelines to reward them.

The methods, qualifications, targets and other related matters of the rewards mentioned in the preceding Paragraph shall be formulated by the protection organization, and submitted to the competent authority for approval.

Crime victims or their family members who believe that the services provided by the branch have violated the laws or regulations, or are inappropriate may file an appeal with the branch.

The appeal in the preceding Paragraph may state the following items orally, in writing or by e-mail:

1. The name, residence and telephone number of the appellant.

2. The name, residence and telephone number of legal representative or agent (if any).

3. The counterparty, facts, reasons and evidence of the appeal.

4. Date of appeal.

The branch shall make a decision within 30 days from the date of accepting the appeal, and notify the appellant and protection organization in writing. If necessary, an extension may be conducted and the extension period shall not exceed 30 days.

If the branch believes that the major content of the appeal is unclear or dubious, it may notify the appellant to make a supplementary statement.

If the appellant falls under any of the following circumstances, his/her appeal may not be handled:

1. The appellant is anonymous or does not specify the cause of the appeal.

2. The appellant fails to cooperate with the investigation or does not provide the relevant supporting materials.

3. The appeal with the same reason has been properly handled by the branch and has been clearly replied. However, this does not apply if the appellant presents any new facts or evidence sufficient to justify the need for a re-investigation.

4. It has been more than two years since the withdrawal of the same appeal or upon the occurrence of the incidence of the appeal.

5. Decisions or review decisions on compensation payable for crime victims.

6. The reasons for the appeal are the responsibilities of other agencies (institutes) or groups.

If the appellant disagrees with the decision on appeal, he/she may file a re-appeal with the protection organization within 30 days after receiving the notification.

No further statement of disagreement with the decision on re-appeal shall be made.

The provisions of Paragraphs 2 to 5 of the preceding Article shall apply mutatis mutandis to re-appeals.

Regarding the appeals and re-appeals stated in the preceding two Articles, the investigation procedures, the reasons for recusal, decisions, and other related matters shall be drafted by the protection organization and submitted to the competent authority for approval.

Where directors and supervisors fail to exercise their powers or perform their obligations in accordance with this Act, and the circumstances are sufficiently severe enough to affect the operations of the organization, the competent authority may, depending on the severity of the violation, impose necessary sanctions for correction or dismissal.

To oversee the regular operations of the protection organization, the competent authority may order the protection organization to report on its works, accounting and property-related matters, and may send personnel to inspect such works.

The competent authority may order the protection organization to submit supporting documents, books and related materials for the supervision of the preceding Paragraph.

This Act shall not apply to the people of mainland China and the residents of Hong Kong and Macau who suffer from criminal acts committed in the areas of mainland China, Hong Kong and Macau.

Those who apply for compensation payable to crime victims in accordance with this Act shall be limited to the criminal act or results of crimes that occurred after the promulgation of this Act on October 1, 1998.

Any criminals act or criminal results that occurred before the enforcement of Chapter 5 of this Act amended on January 7, 2023, wherein no decision for compensation has been reached yet shall be handled in accordance with the amended provisions. However, if the regulations before the enforcement of the amendment are preferable to the applicant, such regulations shall apply.

For cases of applying for crime victim compensation prior to the enforcement of Chapter 5 of this Act amended on January 7, 2023, the claim for reimbursement in accordance with the provisions before the amendment shall still be exercised after the enforcement of the amendment.

The enforcement rules of this Act shall be determined by the competent authority.

Except for the effective dates of Chapters 2, 3, 5 and 6 of this Act, which shall be determined by the Executive Yuan, the other provisions shall come into force upon promulgation of this Act.