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

Print Time:2024/11/22 03:19
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Chapter Law Content

Chapter 6. Protection Organization
Article 75
To assist in rebuilding the daily lives of crime victims and their family members, the competent authority shall establish a protection organization.
Such protection organization shall be a foundation, and subject to the instruction and supervision of the competent authority. The protection organization shall be approved by the competent authority before registration. The organization and supervision regulations shall be prescribed by the competent authority.
The scope of supervision to the protection organization by the competent authority in the preceding Paragraph shall include the following items:
1. Approval of establishment.
2. Organization management, operations, and facility status.
3. Annual work plan and major measures.
4. Safekeeping and utilization of property accrued interests.
5. Budget and final accounts and financial status.
6. Protection services and quality.
7. Matters related to the protection of the rights of crime victims.
8. Other matters required to be supervised by laws.
Article 76
The sources of funds for the protection organization are as follows:
1. Budgets planned by the competent authorities.
2. Probation payments.
3. Money for deferred prosecution.
4. Payment for plea bargaining.
5. Donations from groups or individuals.
6. Other income.
Article 77
The address of the protection organization shall be located at the location of its competent authority. However, this does not apply to those approved by the competent authority.
Protection organizations may set up branches according to the jurisdiction of the local prosecutors offices.
Article 78
The protection organization shall formulate charters regarding donations and organization.
The charters referred to in the preceding Paragraph shall include the following:
1. Purpose and name.
2. The address of the protection organization and its branches.
3. The types, total amounts, and methods of storage and use of donated property.
4. Operation items.5. Number, qualification, procedure for the appointment, term of office, selection and removal of directors and supervisors.
6. Organization, duties and powers and resolution method of the Board of Directors .
7. The date when the charter of donation is formulated.
8. Other important matters stipulated in this Act.
Article 79
The protection organization shall set up a board of directors consisting of 15 directors who shall be appointed by the competent authority from the following persons:
1. Two representatives from the competent authority, one representative from the competent authority in charge of health and welfare, one representative from the competent authority in charge of police, and one representative from the competent authority in charge of labor.
2. One lawyer recommended by the National Bar Association, who has been engaged in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.
3. One psychologist recommended by the Taiwan Counseling Psychologist Union, and one psychologist recommended by the Association of Taiwan clinical Psychologists, who have participated in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.
4. One social worker recommended by the National Association of Social Workers, who has participated in crime victim rights protection or issues regarding public welfare and protecting the disadvantages for a long period of time.
5. One scholar or expert who has conducted research on crime victim rights protection.
6. Two persons who are upright or diligently dedicated to public welfare.
7. One representative of a group or organization related to the protection of the rights of crime victims and protection services.
8. Two representatives of crime victims or their family members.
The board of directors shall, one month before the expiration of the term of directors of each session, nominate the candidates in an amount that is double of the number of board members to be elected for the next session of directors in accordance with the provisions of Subparagraphs 2 to 8 of the preceding Paragraph, and submit the list to the competent authority for appointment along with the candidates for directors selected in accordance with Subparagraph 1 of the preceding Paragraph.
The number of directors referred to in Paragraph 1 shall not be less than one-third of each gender.
When the board of directors convenes a meeting, the representatives from the competent authority, protection organizations and branches shall be notified to attend the meeting.
Article 80
The duties and powers of the board of directors are as follows:
1. Appointment and dismissal of the Chief Executive Officer, the Deputy Chief Executive Officer and personnel of other important positions.
2. Proposal for amendments to the charter of endowment.
3. Review and promotion of work plans.
4. Fund raising, and management and utilization of funds.
5. Approval of annual budget and final accounts.
6. Management and utilization of property.
7. Establishment and management of internal organization.
8. Dissolution or merger of protection organization.
9. Formulation of important regulations.
10. Decisions on other major matters.
Article 81
The protection organization shall have a chairperson who represents the organization externally.
The chairperson shall be elected from among the directors, and shall be appointed by the protection organization after reporting to the competent authority for approval. The term of office shall be the same as that of the directors.
The board of directors may establish a board of managing directors consisted of three to five managing directors. Except for the chairperson who shall ex officio be a managing director, the others shall be elected from among the directors.
If the chairperson asks for leave, or is unable to exercise his/her powers for any reason or in accordance with the laws, the chairperson shall designate one of the managing directors to act as the proxy; if the chairperson fails to designate or is unable to appoint a proxy, such proxy shall be elected among the directors.
Article 82
The protection organization shall have three supervisors, who shall be appointed by the competent authority:
1. One representative from the competent authority.
2. One lawyer recommended by the national bar association.
3. One accountant recommended by the national association of accountants.
The protection organization shall have one standing supervisor, who shall be elected among the supervisors and appointed after approval by the competent authority; and the term of office shall be the same as that of the supervisors.
The duties and powers of the supervisor are as follows:
1. Supervise performance execution and financial status.
2. Audit financial account documents, documents and property information.
3. Supervise the implementation of affairs in accordance with relevant the laws, regulations and charters of donation.
The number of supervisors referred to in Paragraph 1 shall not be less than one-third of each gender.
The standing supervisor shall attend the board of directors’ meeting.
Article 83
The directors and supervisors of protection organization are non-paid positions, whose terms of office shall be three years. They can be re-elected after such a term expires.
The number of directors and supervisors re-elected in the preceding Paragraph shall not exceed two-thirds of the total number of re-appointed positions. However, this does not apply to those approved by the competent authority due to working needs or special circumstances.
Directors who concurrently hold positions as public servants, and those who shall be reassigned along with their positions, shall not be included in the number of re-elected directors.
If a director or supervisor is dismissed due to resignation, death or inability to perform duties for any reason before the expiration of the term of office, the protection organization shall report to the competent authority to appoint another person in accordance with the provisions of this Act, and the successor shall serve until the end of the original term.
If the chairperson or standing supervisor falls under the circumstances of the preceding Paragraph, the competent authority may order the protection organization to re-elect within a specified time limit. Before re-election, the directors or supervisors shall recommend one person among them to act as the proxy.
Article 84
Anyone who falls under any of the following circumstances shall not serve as a director or supervisor of a protection organization:
1. Sentenced to fixed-term imprisonment or other more stringent punishments.
2. The managing director or supervisor violates the laws or the charters of donation, resulting in damage to the public interest or the interests of the foundation.
3. The selected directors and supervisors fail to comply with the policies of the competent authority in performing their duties, resulting in violation of the purpose of selection or appointment.
4. Subject to the declaration of bankruptcy or being ordered to initiate liquidation procedures in accordance with the Consumer Debt Clearance Statute and has not yet fully recovered.
5. The guardianship or curatorship declaration has not been revoked.
If a director or supervisor falls under any of the circumstances in Subparagraphs 1 to 3 of the preceding Paragraph, the competent authority shall remove him/her from his/her post and notify the court for registration. If there is any of the circumstances prescribed in Subparagraphs 4 or 5, such director and supervisor shall be discharged and the competent authority shall notify the court of such registration.
Article 85
The protection organization shall have one full-time CEO; one to three Deputy CEOs, at least one of whom shall be full-time, who shall have relevant expertise in the law, psychology, social work, crime prevention, institutional management, etc., and shall be appointed by the protection organization.
The term of office of the CEO and Deputy CEOs shall be three years, and may be renewed upon expiry. The CEO shall be subject to supervision by the board of directors and manage the board affairs. The Deputy CEOs shall assist the CEO in handling the board affairs.
The appointment of the CEO and Deputy CEOs shall be submitted to the competent authority for approval after being submitted by the chairperson to the board of directors for approval.
The CEO or Deputy CEOs who resign or become ineligible shall be dismissed, and the dismissal procedure is the same as the appointment procedure.
Article 86
Directors, supervisors, CEO and branch chairperson shall recuse themselves when conflict of interests occurs in the execution of their duties.
Directors, supervisors, CEO and branch chairperson shall not seek any interest for themselves or their related parties by abusing the power, opportunities or methods in execution of their duties.
A spouse or relative by blood or marriage within three degrees of kinship of a director or supervisor may not hold a position of general affairs, accounting or human resources of the protection organization and its branches.
The chairperson of the board of directors or the chairperson of a branch shall not hire his/her spouse, or relatives by blood or marriage within third degrees of kinship, to serve in the protection organization or its branch.
Article 87
Based on its working requirements, protection organization and branches may establish various specialized committees to provide consulting opinions, or assist in the planning and implementation of crime victim rights protection.
The protection organization and branches shall, according to the nature of their works and consultation issues, invite the relevant professionals with the knowledge and practical working experience to participate in the specialized committees mentioned in the preceding Paragraph.
Article 88
The branch shall establish a standing committee consisting of 9 to 15 non-paid members, who shall be selected and appointed by the protection organization from those who have one of the following qualifications:
1. Personnel in Subparagraphs 2 to 8 of Paragraph 1 of Article 79.
2. One person respectively from the social, police, health or labor administration institute, or unit of the municipality or county (city) government where the branch is located.
One of the committee members in the preceding Paragraph shall be the chairperson, who shall represent the branch externally and manage the works of the branch. Such members shall consist of persons with the relevant expertise in the laws, psychology, social work, crime prevention, institutional management, etc., or with rich experience in crime victims’ protection works and outstanding reputation, and the term of office shall be three years, and may be renewed upon expiry but may only be re-elected once.
The committee shall provide professional advice on the branch’s implementation of crime victim protection service strategies, programs, plans, etc., and assist in the use and coordination of resources of the relevant agencies and groups.
The appointment, resignation or dismissal of the chairperson shall be performed by the protection organization and submitted to the competent authority for reference.
The committee members of either gender shall not be less than one-third.
Article 89
The branch shall have a director who shall hold a full-time position, and shall have the relevant expertise in the law, psychology, social work, crime prevention, institutional management, etc., and shall handle the affairs of the branch under the orders of the branch’s chairperson.
The appointment and dismissal of a director shall be submitted to the protection organization by the CEO or the chairperson of the branch.
Article 90
Protection organization and branches shall have an adequate number of staff who shall have professional experience within the scope of works specified in this Act. However, this does not apply to those who are employed to handle administrative affairs.
Matters related to human resources such as employment, dismissal, service, benefits, pension, welfare and performance appraisal of the staff mentioned in the preceding Paragraph shall be drafted by the protection organization, and implemented after being submitted to the competent authority for approval.
When establishing the salary payment standard of for the full-time personnel mentioned in the preceding Paragraph, the protection organization shall take into account the factors such as the nature and scale of the organization, professionality of personnel, the weight of responsibilities, the salary level in the private sector, and the supply and demand of professionals in the market.
Article 91
The fiscal year of protection organization shall adopt the calendar year system.
Protection organization shall submit the protection working results and accounting reports to the competent authority for reference on a monthly or regular basis.
The protection organization shall formulate the work plan and budget for the next year before July 31 of each year, and submit it to the competent authority for reference after being approved by the board of directors. The audited final accounts of revenue and expenditure, as well as the property list shall be submitted to the competent authority for reference before April 15.
The formats, items, preparation methods, items to be recorded and other matters to be complied with in the preceding Paragraph shall be submitted to the competent authority in accordance with the regulations stipulated by the competent authority.
The competent authority shall require the protection organization to propose annual performance targets before March of each year and to handle the annual performance appraisal before May 31 of the following year.
The performance targets stated in the preceding Paragraph shall be stipulated in the annual work plan and submitted to the competent authority for reference, and the performance appraisal results may also be adopted as a reference for staff adjustments and subsidies (donations).
Article 92
Protection organization shall proactively disclose the following information:
1. The information mentioned in the preceding Article that has been reviewed by the competent authority shall be made public within one month after the review.
2. A list of subsidies and donations received in the previous year. However, those who have subsidized, donated but expressed their refusal in writing in advance may waive such disclosures.
3. Other information that shall be disclosed within a specified time limit as designated by the competent authority to facilitate public supervision.
The voluntary disclosure of the protection organization information shall be conducted in one of the following manners, unless otherwise provided by the laws or designated by the competent authority:
1. Publish in newsprint or other publications.
2. Transmission via telecommunication network or other methods for the public to inquire about online.
3. Provide public viewing, transcription, photocopying, audio recording, video recording, photography, reproduction or duplication.
Article 93
In order to encourage civil society to participate in the work of protecting the rights of crime victims, or to donate property to protection organization, the protection organization shall formulate guidelines to reward them.
The methods, qualifications, targets and other related matters of the rewards mentioned in the preceding Paragraph shall be formulated by the protection organization, and submitted to the competent authority for approval.
Article 94
Crime victims or their family members who believe that the services provided by the branch have violated the laws or regulations, or are inappropriate may file an appeal with the branch.
The appeal in the preceding Paragraph may state the following items orally, in writing or by e-mail:
1. The name, residence and telephone number of the appellant.
2. The name, residence and telephone number of legal representative or agent (if any).
3. The counterparty, facts, reasons and evidence of the appeal.
4. Date of appeal.
The branch shall make a decision within 30 days from the date of accepting the appeal, and notify the appellant and protection organization in writing. If necessary, an extension may be conducted and the extension period shall not exceed 30 days.
If the branch believes that the major content of the appeal is unclear or dubious, it may notify the appellant to make a supplementary statement.
If the appellant falls under any of the following circumstances, his/her appeal may not be handled:
1. The appellant is anonymous or does not specify the cause of the appeal.
2. The appellant fails to cooperate with the investigation or does not provide the relevant supporting materials.
3. The appeal with the same reason has been properly handled by the branch and has been clearly replied. However, this does not apply if the appellant presents any new facts or evidence sufficient to justify the need for a re-investigation.
4. It has been more than two years since the withdrawal of the same appeal or upon the occurrence of the incidence of the appeal.
5. Decisions or review decisions on compensation payable for crime victims.
6. The reasons for the appeal are the responsibilities of other agencies (institutes) or groups.
Article 95
If the appellant disagrees with the decision on appeal, he/she may file a re-appeal with the protection organization within 30 days after receiving the notification.
No further statement of disagreement with the decision on re-appeal shall be made.
The provisions of Paragraphs 2 to 5 of the preceding Article shall apply mutatis mutandis to re-appeals.
Article 96
Regarding the appeals and re-appeals stated in the preceding two Articles, the investigation procedures, the reasons for recusal, decisions, and other related matters shall be drafted by the protection organization and submitted to the competent authority for approval.
Article 97
Where directors and supervisors fail to exercise their powers or perform their obligations in accordance with this Act, and the circumstances are sufficiently severe enough to affect the operations of the organization, the competent authority may, depending on the severity of the violation, impose necessary sanctions for correction or dismissal.
Article 98
To oversee the regular operations of the protection organization, the competent authority may order the protection organization to report on its works, accounting and property-related matters, and may send personnel to inspect such works.
The competent authority may order the protection organization to submit supporting documents, books and related materials for the supervision of the preceding Paragraph.
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