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Chapter 3. Protective Orders for Crime Victims
Article 35
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 .
Article 36
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.
Article 37
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.
Article 38
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.
Article 39
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.
Article 40
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.
Article 41
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.
Article 42
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.
Article 43
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.