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

Print Time:2024/11/22 02:23
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Chapter Law Content

Title: Sexual Assault Crime Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 6 Supplemental Provisions
Article 51
The competent authority of the responsible special municipality or county (city) shall notify a competent prosecutor immediately after imposing any disposition upon any of the following persons under Paragraph 1 of the preceding Article:
1. an Offender who is on parole, on probation, or whose imprisonment term has been commuted to community service;
2. a defendant convicted guilty of committing a crime prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, or Paragraph 1 of Article 319-2 of the Criminal Code, who is on parole, on probation, or whose imprisonment term has been commuted to community service; or
3. an Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final.
A competent prosecutor may, following his receipt of a notification referred to in the preceding Paragraph, notify the warden of the original prison (hosting the said Offender or the said convicted defendant) to report to the Ministry of Justice for the revocation of the parole of the said Offender or the said convicted defendant, file a petition to a competent court for the revocation of the probation of the said Offender or the said convicted defendant, or sua sponte revoke the deferred prosecution or community service of the said Offender or the said convicted defendant.
Article 52
If a defendant or an Offender convicted guilty by a final judgment, referred to in Article 44 or Paragraph 3 of Article 50 of this Act, has fled or hidden, and has been designated in a circular order to arrest, a competent police agency may publish the personally identifiable information of the said defendant or the said Offender on the website(s) of the competent police agency or newspapers, or circulate the said information to the public by any other means. The competent police agency shall cease to publish or circulate the personally identifiable information of the said defendant or the said Offender if the said defendant or the said Offender is arrested, is dead, or the publication or circulation of such information is no longer necessary.
The preceding Paragraph does not apply to a defendant or an Offender who was under eighteen (18) years old when committing the crime(s).
Article 53
This Act shall apply mutatis mutandis to and will be enforced by military law enforcement agencies handling cases involving a Sexual Assault Crime committed by an active military serviceman during wartime.
Article 54
Anyone who has been subject to compulsory treatment before the amendments to Articles 36 to 40 of this Act shall remain taking compulsory treatment after the amendments to Articles 36 to 40 of this Act have come into effect.
In the case of the circumstances prescribed in the preceding Paragraph, a competent prosecutor of the original competent prosecutors office or the competent authority of the responsible special municipality or county (city) shall, within six (6) months after the amendments to Articles 36 to 40 of this Act have come into effect, file a petition, in accordance with Paragraph 1 of Article 38 of this Act or Paragraph 2 of Article 91-1 of the Criminal Code, to the competent court (the last court that decided on the crime-related facts of the case) for a court order setting the duration of compulsory treatment.
A petition referred to in the preceding Paragraph will be viewed as a petition filed for the grant of the first extension in accordance with the latter part of Paragraph 1 of Article 38 of this Act or the latter part of Paragraph 2 of Article 91-1 of the Criminal Code, if the said compulsory treatment has been carried out for more than five (5) years. A petition referred to in the preceding Paragraph will be viewed as a petition filed for the grant of the second extension, if the said compulsory treatment has been carried out for more than eight (8) years.
Under any of the following circumstances, the competent court (the last court that decided on the crime-related facts of the case) shall make a ruling pursuant to Paragraph 1 or Paragraph 2 of Article 38 of this Act, or Paragraph 2 or Paragraph 3 of Article 91-1 of the Criminal Code, and the preceding Paragraph shall apply:
1. a petition has been filed, after the amendments to Articles 36 to 40 of this Act have come into effect, for a court order to subject an Offender to remain taking compulsory treatment, whereas, before the amendments to Articles 36 to 40 of this Act have come into effect, the said Offender has obtained a court order granted to terminate the compulsory treatment for the said Offender then; or
2. in the case of the circumstances prescribed in Paragraph 1 or 2 of this Article, a court has, after the amendments to Articles 36 to 40 of this Act have come into effect, granted an order to terminate the compulsory treatment for an Offender, whereas, a petition has been filed for a court order to subject the said Offer to remain taking compulsory treatment.
Article 55
The Enforcement Rules for the Act shall be formulated by the central competent authority.
Article 56
Except for Article 13 of this Act, which shall come into effect six (6) months after its promulgation, the rest of the Act shall come into effect on the date of the promulgation of the rest of the Act.
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