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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 02:16
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Chapter Law Content

Title: Human Trafficking Prevention Act CH
Category: Ministry of the Interior(內政部)
Chapter Two: Prevention and Identification
Article 6
The central competent authority shall organize the related competent authorities, local governments, and non-governmental organizations to actively conduct activities related to such human trafficking prevention and control as promotion, investigation, rescue, placement protection, and repatriation, and to cooperate with international governmental bodies or non-governmental organizations to eradicate human trafficking.
Article 7
Personnel conducting human-trafficking-related arrest, investigation, trial, identification of victims, rescue, and placement protection shall have undergone relevant professional training.
Article 8
Judicial police departments shall dispatch officers to protect any human trafficking victim, social worker or other relevant professional who is assisting in the investigation of human trafficking cases and believed to be in danger during the course of an investigation and trial.
Article 9
The police personnel, immigration officers, labor affairs personnel, social affairs personnel, medical personnel, civil affairs personnel, household registration personnel, educational personnel, employees of the tourist entities, immigration service entities, as well as employees of private employment service entities, or other personnel engaging in human trafficking prevention and control, upon discovery of a suspected case of human trafficking during the normal course of their duty, shall immediately notify the local judicial police authority. The judicial police authority, upon being notified, shall promptly take action to implement relevant protection measures.
Anyone not stated in the preceding paragraph, upon the knowledge of a suspected case of human trafficking, may notify the local judicial police authority.
The name, residence address and other identifiable personal information of the people in the preceding two paragraphs shall be kept confidential unless otherwise stated in the laws.
Article 10
The judicial police authority and labor affairs competent authority shall set up 24-hour special channels, online platforms or telephone hotlines for the reporting of human trafficking.
Article 11
The judicial police authority (unit), upon discovering or receiving a report on a suspected human trafficking case, shall immediately undertake the identification of human trafficking victims.
The prosecutors, upon the discovery of a suspected case of human trafficking during the course of an investigation, shall immediately refer the case to the judicial police authority (unit) for the identification of human trafficking victims. The court, upon knowledge of a suspected case of human trafficking during the course of a trial, shall immediately refer to the prosecutors for referral to the judicial police authority (unit) for identification.
The judicial police shall request assistance as necessary from social workers or relevant experts while identifying human trafficking victims.
The personnel responsible for identifying victims shall inform the suspected victim of the follow-up procedures and related protection measures before commencing the identification.
The results of identification of the human trafficking victim shall be documented in an identification notice and delivered to the identified person. If the identified person disagrees with the identification results, he/she may, within twenty days from the day following the delivery of the identification notice, submit a written objection with reasons to the superior authority (unit) through the original identification agency (unit).
If the original identification agency (unit) finds that the submitted objection of the preceding paragraph justified, it shall correct it immediately; if it finds such objection unjustified, it shall submit the reasons in writing to the superior authority (unit) within ten days for further resolution. After the superior authority (unit) accepts the objection, shall make a decision within ten days. If the superior authority (unit) believes the reasons of the objection are justifiable, it shall correct it immediately; if it finds such reasons to be unjustifiable, it shall be maintained.
The results of the objection to the identification shall be notified the identified person in writing. The identified person shall no longer express objection to the resolution of the preceding paragraph.
Suspected human trafficking victim shall not be forcibly deported from the State (territory) before the identification or the objection to identification results are decided.
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