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Title: Enforcement Rules of Stalking and Harassment Prevention Act CH
Announced Date: 2022-03-18
Category: Ministry of the Interior(內政部)
Article 1
The Rules are enacted pursuant to Article 22 of the Stalking and Harassment Prevention Act (hereinafter referred to as the “Act”).
Article 2
To perform the works concerning the coordination and supervision of the prevention of stalking and harassment referred to in Subparagraph 1, Paragraph 2 of Article 2 of the Act, the central competent authorities shall establish and manage an electronic stalking and harassment database.
The electronic stalking and harassment data referred to in the preceding paragraph shall include the following:
1. Protection orders and/or related rulings provided by the Judicial Yuan.
2. Stalking and harassment notifications, records for the issuance and acknowledgement of receipt of written warnings, and records for the execution of protection orders provided by the police authorities.
3. Any other information about the victim or the accused in any stalking and/or harassment cases provided by the related authorities after the coordinating efforts made by the central competent authorities.
The electronic data referred to in the preceding paragraph shall be periodically transmitted to the electronic stalking and harassment database by the Judicial Yuan, the police authorities and the related authorities, and dedicated personnel shall be designated to deal with matters concerning the electronic stalking and harassment database.
Article 3
The central competent authorities shall have computer software and hardware in place to manage and store the electronic stalking and harassment data.
The electronic data providers shall have their own computer hardware to create, transmit, or search the electronic stalking and harassment data.
Article 4
Personnel dealing with stalking and harassment prevention cases for courts, prosecutors’ offices, health competent authorities, police authorities, and the competent authorities of the municipality and county (city) governments may use relevant data stored in the electronic stalking and harassment database while performing job duties.
Article 5
Except as otherwise provided by the laws, the electronic stalking and harassment data known due to positions or work shall be kept confidential.
While processing and using the electronic stalking and harassment data, necessary confidentiality measures must be adopted. Any person violating the confidentiality obligation shall be disciplined in accordance with the relevant laws and regulations.
Article 6
Stalking and harassment cases shall be determined based on the concrete facts covering the background, and circumstances of the individual case, the relationship between the concerned parties, the cognition of the perpetrator and victim, and the continuity of the perpetrator’s behavior and conduct.
Article 7
Upon taking on a stalking and harassment case, the police authorities shall dispatch their personnel to deal with the case immediately and refer it to the government authorities in charge of relevant matters, which may provide the victim with protection services and measures ex officio.
Article 8
The investigation referred to in Paragraph 1 of Article 4 of the Act means the practices of the judicial police (officer) during the criminal investigation process.
Article 9
The written warning issued by the police authorities in accordance with Paragraph 2 of Article 4 of the Act shall include the following details:
1. Name, gender, date of birth, National Identity Card number or other identification documents, and domicile or residence address of the perpetrator.
2. The case summary.
3. Reasons of warning.
4. The legal consequences of violations.
5. Legal remedies.
The written warning shall be served on the perpetrator immediately, if the perpetrator is present.
A written notice shall be served on the victim to notify him/her whether the written warning referred to in Paragraph 1 will be issued or not.
Article 10
The police authorities may issue a written warning in accordance with Paragraph 2 of Article 4 of the Act, and the complaint filed by the victim is not the only trigger.
Article 11
The police authorities shall take the initiatives to issue a written warning in accordance with Paragraph 2 of Article 4 of the Act to prevent any threat, after exercising their discretion and finding it necessary to deter the perpetrator immediately to prevent any re-offenses without waiting until the victim requests it.
Article 12
Any objection from the perpetrator or victim in accordance with Paragraph 3 of Article 4 of the Act shall be made in writing and include the following details:
1. Name, date of birth, National Identity Card number or other identification document number, and domicile or residence address of the objector.
2. Facts and reasons of the objection.
3. Evidence.
4. Date and Ref. No. of the notice informing the issuance or non-issuance of a written warning.
Article 13
The correction referred to in Paragraph 4 of Article 4 of the Act indicates the revocation of the written warning based on the objection raised by the perpetrator, or the issuance of the written warning to perpetrator based on the objection raised by the victim.
Article 14
The two-year period specified in Paragraph 1 of Article 5 of the Act shall commence from the effective date when the written warning is served on the perpetrator.
Article 15
To apply for a protection order in accordance with Paragraph 2 of Article 5 of the Act, the prosecutor or police authorities shall consider the actual danger of the circumstances faced in each individual case and may not be bound by the requirement that a written warning shall have already been in place.
Article 16
The other data sufficient to identify the victim referred to in Article 10 of the Act include the victim’s photo or image, voice, contact information, school, class, workplace, relative’s name and their relationship, or any other personal data which may identify the individual directly or indirectly.
Article 17
The competent authorities and the government authorities in charge of relevant matters shall designate dedicated personnel to deal with the stalking and harassment prevention.
Article 18
The Rules shall take effect on June 1, 2022.
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