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

Print Time:2024/11/22 02:30
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Chapter Law Content

Title: Human Trafficking Prevention Act CH
Category: Ministry of the Interior(內政部)
Chapter Three: Protection of Victims
Article 12
When any suspected human trafficking victim is in need of medical treatment, the judicial police shall immediately inform the local health department and escort the victim to the local medical facility to receive treatment and to be screened for designated infectious diseases.
When any human trafficking victim is found to be free from infectious diseases after being screened, the judicial police shall provide him/her with placement protection pursuant to this Act or other applicable laws.
Article 13
Any human trafficking victim who is a national with household registration in the Taiwan Area and in need of protection and sheltering as assessed by the competent authority of municipality or county (city), shall be provided with placement and relevant assistance in accordance with Article 15 by the competent authority thereof.
Article 14
For those identified as victims of human trafficking, the central competent authority shall, upon application, issue a residence permit valid for one year, and may extend the residence permit to meet the need of the investigation or trial of the case, and each extension shall not exceed one year.
If the regulation governing the right of the victim of human trafficking to residence under other applicable law is more favorable than the regulation provided under paragraph 1 of this article, the other law shall prevail.
The human trafficking victim who have been issued with residence permits in the preceding 2 paragraphs may apply for a work permit at the central labor affairs competent authority without being subjected to the restrictions set forth in the Employment Service Act and the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and the period in which he/she can work shall not exceed the period of his/her residence permit.
The application procedures of residence permit in the paragraph 1, required documents in application, the cancellation, administration of the residence permit and other binding regulations shall be developed by the central competent authority.
The application procedures of work permit in the paragraph 3, required documents in application, the cancellation, administration of the work permit and other binding regulations shall be determined by the central labor affairs competent authority.
In the case of victim of human trafficking has been granted residence pursuant to paragraph 1, no such period of residence is applicable to the calculation of residence for the purpose of applying for long term residence, permanent residence, registered permanent residence, or naturalization required by other applicable laws.
Article 15
The competent authorities and labor affairs competent authorities at all levels shall, either by themselves or by commissioning non-governmental organizations, provide human trafficking victims or suspected ones with the following assistance:
1. Protection of personal safety;
2. Necessary medical assistance;
3. Interpretation assistance;
4. Legal assistance;
5. Psychological advice and counseling;
6. Being accompanied when questioned (interrogated) throughout the investigation or trial;
7. Rental subsidies and others necessary financial assistance.
8. Consulting and referral of social welfare service resources
9. Employability skills and education training
10. Placement services
11. Other necessary assistance.
The competent authorities and labor affairs competent authorities of all levels shall establish or designate suitable places to provide placement services to human trafficking victims or suspected ones; the procedures, administration and other regulations that have to be followed for the placement services thereof shall be developed by the central competent authority in consultation with the central labor affairs competent authority.
Conditions and methods of providing assistance, reasons for terminating assistance under the paragraph 1 by the competent authorities and labor affairs competent authorities of all levels and other regulations that have to be followed for the assistance thereof shall be developed by the central competent authority in consultation with the central related competent authority.
Article 16
The costs to provide necessary assistance and to repatriate victims back to their country (area) of origin as stated in paragraph 1 of the preceding Article shall be imposed upon the victimizer; multiple victimizers shall bear the joint liability.
The competent authorities or labor affairs competent authorities of all levels by which the costs are originated shall order the victimizer to pay within a specific period the costs as stated in the preceding paragraph; any overdue payment shall be referred for compulsory enforcement in accordance with the laws.
Article 17
Any suspected human trafficking victim who is a national without household registration in the Taiwan Area, foreigner, stateless person, People of the Mainland Area, Hong Kong or Macau Area resident after being issued a residence permit by the central competent authority, the competent authority or labor affairs competent authority may cancel his/her residence permit, if he/she leaves the shelter without permission, is missing or violates laws or regulations and the violation is deemed to be sufficiently serious.
After canceling the residence permit under the preceding paragraph, the central competent authority shall notify the judicial authorities.
Article 18
Any suspected victim of human trafficking or child or youth known as victims of human trafficking, shall be provided with placement in accordance with the Child and Youth Sexual Exploitation Prevention Act; in the case of provision concerned is absent, the applicable law shall be presumed to be the Act; if he/she:
1. being suspected of committing sexual or lewd acts in exchange for money; or.
2. was determined suspected of committing sexual or lewd acts in exchange for money by the court in accordance with the Child and Youth Sexual Exploitation Prevention Act, in the case of as provided in the subparagraph 1.
Article 19
No person should, unless otherwise provided by law, disclose the human trafficking victim’s name, date of birth, residence, photo, audio/video and other personal identifiable information acquired by him or her in the course of his or her official duties or employment.
The government authorities shall not disclose the personal identifiable information of any human trafficking victim as stated in the preceding paragraph when making public any document related to human trafficking cases.
Article 20
No promotional material, publication, radio broadcast, television, electronic message, the Internet or other media may report or note information on the name, dates of birth, domicile or place of residence, picture, audio/video, or any other personal identifiable information of the human trafficking victims, unless:
1. Having the permission of the victim with legal capacity;
2. Being deemed necessary by the crime investigation authority or the court pursuant to the law.
3. In case of the death of human trafficking victim, the competent authority or a competent regulatory authority deems that reporting or disclosure is required in consideration of social public interest.
The proviso in the preceding paragraph is not applicable to any human trafficking victim who is a minor.
Any person other than those referred to in the preceding Paragraph1 shall not, through the media or by any other means, reveal to the public or disclose any information of a victim in the preceding Paragraph 1.
Article 21
Any human trafficking victim testifying as a witness before a prosecutor in an investigation or before a court in a trial, giving an account on what he/she has learned of or seen about the crime or evidence, and being questioned and cross-examined in accordance with the law, may be protected by the related provisions of this Act and the protection stated in Articles 4 to 14, Articles 20 and 21 of the Witness Protection Act, may apply mutatis mutandis if he/she is not eligible for the protection of this Act thereof.
For any informant, reporter, complainant or victim of a human trafficking case deemed by the prosecutor or judge to be in need of protection, apply mutatis mutandis Articles 4 to 14, paragraph 2 of Article 15, Articles 20 and 21 of the Witness Protection Act.
Article 22
Any human trafficking victim’s legal agent, spouse, lineal relative by blood or collateral relative by blood within 3rd degree of kinship, parent, family member, doctor, psychiatrist, counselor, or social worker, or other person the victim trusts, with the consent of the victim, may accompany him/her and may make statements when he/she is questioned or cross-examined during an investigation or trial. The same rule apply to the procedure when the victim is under investigation by the judicial police.
The provisions in the preceding paragraph regarding the person accompanying the victim are not applicable to a human trafficking suspect or defendant, or in the opinion of a public prosecutor, a public prosecutor investigator, a judicial police officer, or a judicial policeman, the presence of the person specified will pose hindrance to the prosecutorial investigation.
Article 23
The questioning, cross-examination or confrontation of a human trafficking victim during an investigation or trial may be conducted outside the court upon request or virtute officii or may be undertaken by using audiovisual telecommunications equipment or other appropriate methods to separate the victim from the defendant.
Any human trafficking victim located outside the country may be questioned, cross-examined through audiovisual telecommunications equipment in an R.O.C. (Taiwan) embassy or representative office.
Article 24
The judicial police, prosecutor and court, during the course of an inquiry, investigation and trial, shall pay attention to the personal safety of human trafficking victims and, if necessary, shall separate the human trafficking victims from other criminal suspects or defendants.
Article 25
The statement made by any human trafficking victim during an investigation by the prosecutor investigators, judicial police officers, or judicial police may be accepted as evidence during a trial if it is proven to be credible under special circumstances, to be necessary to prove the body of the crime, and if the victim fits one of the following conditions:
1) The victim is unable to make a statement due to a physical and psychological trauma;
2) Due to physical and psychological pressure at the trial, the victim is unable to make a complete statement or refuses to make a statement when questioned or cross-examined; or
3) The victim cannot be summoned or fails to appear after being summoned because he/she is not in the Taiwan Area or his/her whereabouts is unknown.
Article 26
If the human trafficking victim is a national without household registration in the Taiwan Area, foreigner, stateless person, People of the Mainland Area, Hong Kong or Macau resident, and his/her personal safety may be threatened after his/her repatriation back to his/her country (area) of origin, the central competent authority may grant him/her permanent residence in R.O.C. (Taiwan) under ad hoc permission.
The application procedures of the ad hoc permission for permanent residence in the preceding paragraph, required documents in application, qualifications, the cancellation of the residence permit and other binding regulations shall be developed by the central competent authority.
Those who are granted the ad hoc permission for permanent residence are allowed to work during his/her permanent residence in R.O.C. (Taiwan).
In the case of victim of human trafficking has been granted permanent residence pursuant to paragraph 1, no such period of residence is applicable to the calculation of residence for the purpose of applying for long term residence, permanent residence, registered permanent residence, or naturalization required by other applicable laws.
Article 27
Any human trafficking victim who has violated other provisions of the criminal code or administrative regulations as a result of being trafficked may be eligible for a reduction in penalty or absolution from his/her liability.
Article 28
Any human trafficking victim who is a national without household registration in the Taiwan Area, foreigner, stateless person, People of the Mainland Area, Hong Kong or Macau resident with the willingness to return to their country (region) of origin, the central competent authorities shall assist in repatriating back to his/her country (area) of origin, and may coordinate with relevant authorities or civil organizations to contact the government departments of the victim’s country (area) of origin, or their embassy, authorized organization, or non-governmental organization in Taiwan, or his/her family.
If the human trafficking victim in the preceding paragraph intends to return to their country (region) of origin, the judicial police departments or non-governmental organizations for providing protection shall notify the judicial authorities, and the judicial authorities shall conduct investigation and trial as soon as possible.
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