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Chapter Law Content

Chapter 1. General Provisions
Article 1
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.
Article 2
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.
Article 3
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 221to 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.
Article 4
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.
Article 5
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.
Article 6
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.
Article 7
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.
Article 8
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.
Article 9
The competent authority may establish a fund to promote and strengthen services that protect the rights and interests of crime victims
Article 10
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.
Article 11
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.
Article 12
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.