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

Print Time:2022/12/10 11:28
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Chapter Law Content

Title: Domestic Violence Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Criminal Procedure
Article 29
A police officer shall arrest any offender that is found to be committing an offense of domestic violence and Article 92 of the Code of Criminal Procedure shall apply.
During the criminal investigation, a prosecutor, judicial police sergeant or judicial police officer may arrest a defendant or suspect in emergency cases where there is material suspicion of an offense of domestic violence or breach of a protection order and where there is a danger of continuous infringements upon the life, body or freedom of any family member.
No arrest warrant is required if the arrest under the previous paragraph is enforced by a prosecutor. If it is enforced by a judicial police sergeant or judicial police officer, the arrest warrant is not needed only in emergency situations which do not allow reporting to the prosecutor. After enforcement, a report shall be filed with the prosecutor for the issuance of an arrest warrant. If the arrest warrant is not issued by the prosecutor, the arrestee shall be released immediately.
Article 30
When a prosecutor, judicial police sergeant or judicial police officer makes an arrest or issues an arrest warrant in accordance with the second or third paragraph of the previous article, all circumstances of the matter should be taken into consideration, particularly the following:
1. The act of violence by the defendant or suspect has caused physical or mental harm or harassment against the victim, and the life, body or freedom of the victim or a family member thereof is subject to danger of harm if segregation is not put in place immediately.
2. The defendant or suspect has committed domestic violence or breached of a protection order in a long-term and repeated manner or has the habit of alcohol abuse, use of narcotics or drug abuse.
3. The defendant or suspect has a prior record of intimidating or imposing violence on the victim through use of a weapon or other dangerous object, and there is a risk that the victim may be subject to harm again.
4. The victim is a child, youth, old person, physically or mentally disabled person or any other person who cannot ensure his/her own security.
Article 30-1
Following interrogation, if a judge determines that there is material suspicion that the defendant has breached a protection order or has committed a willful offense of domestic violence against any family member and that there is evidence that justifies concern over repeated offenses of such acts and detention is necessary, the defendant may be detained.
Article 31
Following interrogation of a defendant accused of an offense of domestic violence or breach of a protection order, if the prosecutor or the court deems that detention is not necessary and release on bail, to the custody of another, with a limitation on his residence restriction or release, the defendant may be ordered to comply with the following one or more conditions in relation to the victim, any child, youth that has witnessed domestic violence or any other specific family member:
1. Prohibition against commitment of domestic violence offenses.
2. Prohibition against harassment, contact, stalking, communication, correspondence or other unnecessary contact.
3. Relocation from the place of domicile or residence.
4. Order the opposite party to maintain a specific distance from the place of domicile or residence, school, workplace or other specific location that is frequented by the victim.
5. Other matters needed to ensure security.
The conditions under the previous paragraph shall become effective from the time of bail, custody, residence restriction or release and shall expire at the time of completion of criminal proceedings. The period shall not exceed a maximum of one year.
The prosecutor or the court may revoke or alter the conditions under the first paragraph pursuant to a party’s petition or on its own initiative.
Article 32
When a defendant breaches any condition imposed by the prosecutor or the court under the first paragraph of the previous article, the prosecutor or the court may revoke the prior ruling and issue a new ruling. The guarantee deposit, if any, shall be forfeited.
When a defendant breaches any condition imposed by the prosecutor or the court under the first paragraph of the previous article, and there is material relating to criminal suspicion, with facts justifying concerns over the defendant’s repeated commitment of domestic violence and the necessity for detention, the prosecutor may petition the court to detain the defendant during investigation. The court may also order detention during the trial.
Article 33
Article 31 and the first paragraph of the previous article apply mutatis mutandis to defendants under detention after the court issues a ruling to stop the detention.
After detention is stopped, if the defendant breaches any condition imposed by the court under the previous paragraph and if the court deems it necessary to detain the defendant, the court may order detention again.
Article 34
When a prosecutor or court imposes a condition or issues a ruling in accordance with the first paragraph of Article 31 or the first paragraph of the previous article, the condition or ruling shall be imposed or issued in writing and shall be served on the defendant, the victim and the police department of the place where the victim’s domicile or residence is located.
Article 34-1
In case of any of the following events, the court or prosecutors office shall give timely notice to the police department and the domestic violence prevention center of the place where the victim’s residence is located:
1. After the defendant accused of an offense of domestic violence or breach of protection order is turned over to the court or prosecutors office, and following interrogation by the prosecutor or the judge, it is determined that detention is not necessary and an release on bail, to the custody of another, with a limitation on his residence restriction or release has been issued.
2. The court has revoked or stopped the detention of the defendant.
Upon receipt of the notice, the police department and domestic violence prevention center shall give immediate notice to the victim or the family member thereof.
The notice under the previous two paragraphs shall be given before the release of the defendant and notice may be given verbally, by telefax or by transmission through other technical equipment, except if the whereabouts of the victim or family member is unknown or in cases when it is clearly difficult to give notice.
Article 35
When the police personnel discovers that a defendant has breached any condition imposed by the prosecutor or the court in accordance with the first paragraph of Article 31 or the first paragraph of Article 33, an immediate report shall be filed with the prosecutor or the court. Article 29 applies mutatis mutandis to the situation in this article.
Article 36
Interrogation or examination of the victim may be done outside the court or proper segregation measures may be adopted pursuant to a petition or in the court’s own initiative.
When the police department interrogates the victim, proper protection and segregation measures may be adopted.
Article 36-1
During interrogation, the victim may request the presence of a family member, physician, psychiatrist, counselor or social worker, who may also state their opinions.
The victim’s request under the previous paragraph shall not be rejected unless the prosecutor deems that the presence of such persons may interfere with the investigation.
The person chosen by the victim should be seated next to the victim.
Article 36-2
Before interrogation of the victim, the prosecutor shall inform the victim of the possibility of choosing one of the qualified persons under Article 36-1 to be with the victim.
Article 37
The indictment, petition for summary judgment, non-prosecutorial disposition, deferred prosecution, revocation of deferred prosecution, ruling or judgment in relation to any offense of domestic violence or breach of protection order shall be served on the victim.
Article 38
Any person subject to probation following conviction of an offense of domestic violence or breach of protection order shall be turned over to protective custody measures during the probation period.
Unless it is clearly not necessary, in granting the probation, the court shall order the defendant to comply with one or more of the following instructions during probation period:
1. Prohibition against domestic violence.
2. Prohibition against any act of harassment, contact, stalking, communication, correspondence or other unnecessary contact with the victim or any child, youth or specific family member that has witnessed domestic violence.
3. Relocation from the place of domicile or residence of the victim or any child, youth or specific family member that has witnessed domestic violence.
4. Order the respondent to maintain a specific distance from the following locations: The place of domicile or residence of the victim or any child, youth or specific family member that has witnessed domestic violence, their school, workplace or other specific location that they frequent.
5. Complete an offender treatment program.
6. Other matters to ensure the security of the victim or any child, youth or specific family member that has witnessed domestic violence.
The third paragraph of Article 14 may apply mutatis mutandis before the court orders the defendant to complete the offender treatment program in accordance with Subparagraph 5 of the previous paragraph.
When the court grants probation in accordance with the first paragraph, it shall give immediate notice to the victim and the police department of the place where the victim’s domicile or residence is located.
If a probationer commits a serious breach of matters of instructions under the second paragraph, the probation shall be revoked.
Article 39
The previous article applies mutatis mutandis after the sentenced person is handed over to probation after parole.
Article 40
The prosecutor or the court may give notice to the municipal or county (city) competent authority or the police department to enforce the conditions imposed in accordance with the first paragraph of Article 31, the first paragraph of Article 33, the second paragraph of Article 38 or the previous article.
Article 41
The Ministry of Justice shall establish and enforce disposition programs for sentenced persons who have committed offenses of domestic violence or who have breached protection orders.
The persons related to the establishment and enforcement of the programs under the previous paragraph shall receive domestic violence prevention education and training.
Article 42
The correction authority shall give notice to the victim and the police department and the domestic violence prevention center of the place where the victim’s domicile or residence is located concerning the scheduled date for the release from prison of a sentenced person who has committed an offense of domestic violence or who has breached a protection order, except if the whereabouts of the victim is unknown.
If the sentenced person has escaped, the correction authority shall give immediate notice under the previous paragraph.
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