A victim whose life or personal freedom had been infringed by an illegal act of the State may make an application in writing, submitting concrete supporting information at the same time, to the Restoration of Rights Foundation for compensation for the said infringement; where the said victim has deceased, an application may be made by one of the family members.

The scope of compensation specified in Article 4 covers infringements in the following categories:
1.Having been executed in implementation of a death sentence, having been shot dead, having been killed during pursuit or arrest by a public official, or having been killed or having disappeared after being tortured;
2.Having been subject to arrest, detention, arrest with warrant, arrest prior to trial or restraint of personal freedom by a court judgment or an authority’s disposition;
3.Having suffered death during the period of events specified in Subparagraph 2 of this Paragraph resulted from events other than those specified in Subparagraph 1 of this Paragraph.
“Disappearance” referred to in Paragraph 1 of this Article refers to a situation where a victim has been declared dead by a court for reasons that the status the said victim as of whether he/she is alive is uncertain, having suffered from an illegal act of the State during the period of authoritarian rule.

The amount of monetary compensation for infringements specified in Paragraph 1, Subparagraph 1 of Article 5 of this Act shall be 12,000,000 New Taiwan Dollar (NTD).
The amount of monetary compensation for infringements specified in Paragraph 1, Subparagraph 2 of Article 5 of this Act shall be determined based on the approved number of units multiplied by the corresponding amount of compensation for each unit. Details concerning the approved compensation units and the amount of compensation of each corresponding unit are contained in Appendix 1.
For infringements specified in Paragraph 1, Subparagraph 3 of Article 5 of this Act an extra 500,000 NTD shall be provided in addition to the amount of monetary compensation specified in the Paragraph 2 of this Article, except for cases in which increased amount of monetary compensation has been granted in accordance with provisions of Article 2, Paragraph 2 or Article 4 of the Standards for Granting Convicts Compensation in Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period.
Where the family member of the victim who made an application in accordance with the second part of Article 4 is a person of the Mainland Area, the total amount of monetary compensation granted to him/her shall not exceed 2,000,000 NTD. The part of the monetary compensation that exceeds 2,000,000 NTD may be claimed by an applicant of the Taiwan Area in the same order of application; where there is no such an applicant in the same order of application, the said part of the monetary compensation may be claimed by an applicant of the Taiwan Area who is in latter order of application.

• Appendix 1.ODT

The Restoration of Rights Foundation shall determine the amount of compensation after conducting, on its own initiative, an investigation.
Detailed regulations governing the making of an application in accordance with Article 4 of this Act, the concrete supporting information that shall be filed together with the said application, the decision-making procedures that shall be followed in with regard to matters provided by Paragraph 1 of this Article, the granting of monetary compensation, and other relevant matters shall be drafted by the Restoration of Rights Foundation and submitted to the Executive Yuan for approval.

The right to apply for monetary compensation provided in this Section shall not be an object for seizure, transfer, or for providing as security.

A victim of an illegal act of the State and his/her family member may apply to the Restoration of Rights Foundation for a certificate of reputation restoration. The right of a family member to apply for a said certificate shall not be affected by the fact that the victim in the case concerned is still alive.