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Chapter Law Content

Chapter 4. Restorative Justice
Article 44
Before referral to appropriate agencies/organizations or groups for restoration at the request of crime victims and defendants, the prosecutor or the court shall explain the nature of the referral for restoration and inform them the relevant procedures and the exercisable rights.
Crime victims and defendants who participate in restoration may withdraw from the procedure at any time without giving a reason.
Article 45
When the prosecutor or the court inquires the crime victims for their opinions based on the defendant’s apply for restoration referral, it is required to be especially aware of the possible emotional reaction of the victims; and when necessary, may appoint the appropriate personnel to do so.
If the crime victims have no capacity to make judicial acts, have limited capacity to make judicial acts, are subject to guardianship or curatorship declaration, or are dead, the inquiry stated in the preceding Paragraph shall be made to the legal representative, guardian, curator, or family members of such victims.
During the restoration process, it is required to be aware of the personal safety of the crime victims, and a safe environment and measures shall be available.
Article 46
For referrals are made by the prosecutor or the court for restoration process, the following matters shall be noted:
1. Maintain neutral and treat all and any parties concerned fairly.
2. Respect any party’s wishes and self-determination.
3. Avoid the tone of instruction or persuasion, and do not criticize the behaviors of any parties concerned.
4. Protect the privacy of participating parties.
Article 47
Restorative justice facilitators or personnel of any agencies/organizations or groups they are affiliated to shall not disclose information obtained during the restorative process without justifiable reason, except with the consent of the crime victims and defendants.
Statements made by crime victims and defendants during the non-public restorative process shall not be used as the basis for the investigation or judgment of the case concerned. However, if both parties agree or if the law stipulates otherwise, such restriction shall not apply.
Article 48
Restorative justice facilitators shall be aware of gender equality, respect multicultural perceptions, uphold the principles of professionalism and neutrality, assist both parties in restoration, and avoid causing further harm or injury.
Article 49
The provisions of the preceding 5 Articles may be applied mutatis mutandis when relevant organizations handle restorative justice processes.