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Chapter Law Content

Chapter 2 Protection Services
Article 13
Persons that may be entitled to protection services are as follows:
1. Family members of those who have passed away due to criminal acts.
2. Persons seriously injured by criminal acts and the family members of such persons.
3. Persons whose sexual autonomy has been violated due to criminal acts and the family members of such persons.
4. Victims who survive or without seriously injured by suffering from domestic violence or human trafficking and the family members of such victims.
5. Children or juveniles who are the crime victims other than those specified in Subparagraphs 1 to 3 and the family members of such children or juveniles.
6. Family members who may apply for overseas compensation in accordance with Article 54.
7. Those with any other cases involving major public welfare or social attention and designated by protection organizations.
Article 14
The relevant authorities and protection organization and branches shall respect the wishes and needs of the persons entitled to protection services in the preceding Article, and provide customized protection services.
Article 15
Protection organization and branches shall handle the following duties:
1. Physical, psychological, medical, economic, application for crime victim compensation , and resettlement assistance.
2. Assistance in litigation procedures:
(1) Assisting in the investigation of the property of criminals or persons liable for compensation according to laws and regulations and civil claims.
(2) Accompanying these persons in court and assisting them when presenting their opinions.
(3) Assisting in the application for participation in litigation.
(4) Providing psychological counseling or guidance during the proceedings.
(5) Other necessary assistance during investigation, trial and after trial.
3. Assistance in life rehabilitation:
(1) Providing or assisting in the utilization of daily life support resources.
(2) Assisting in job matching and vocational training.
(3) Assisting in handling or providing micro loans.
(4) Providing or introducing education and study guidance resources for crime victims or their family members.
4. Cooperating and requesting the police to provide security protection.
5. Promoting, advocating, and conducting research on the protection of crime victims.
6. Approving and issuing financial allowances based on the needs assessment.
7. Other assistance that meets the needs of crime victims and their family members.
8. Collection, management, and use of funds.
For the duties mentioned in the preceding Paragraph, protection organization and branches may refer or entrust other agencies or groups to do so.
The provision of protection services referred to in Paragraph 1 is only available within the Taiwan Area, and protection organization and branches shall provide urgent and necessary assistance.
Article 16
Protection organization and branches may issue the following financial assistance to crime victims and their family members based on the needs assessment results:
1. Emergency daily living support and funeral expenses.
2. Medical expenses, physical and mental treatment, counseling and guidance expenses that are not covered by the National Health Insurance.
3. Litigation, non-litigation costs and attorney fees.
4. Resettlement costs and housing rent.
5. Living expenses, education expenses, and childcare fees.
6. Other necessary expenses.
The application qualifications, conditions, procedures, amounts, and other related matters for the financial assistance in the preceding Paragraph shall be formulated by the protection organization and submitted to the competent authority for approval.
Article 17
Protection organization and branches shall immediately provide protection services or related assistance to those who have sufficient grounds to be identified as crime victims or family members of this Act, and shall not request any repay for the services. However, this does not apply to those who adopt false or other improper methods to make protection organization and branches issue financial subsidies.
Article 18
When the competent authority and each of the relevant authorities implement protection of the rights of crime victims, protection organizations and branches shall be included in the service network.
When protection organization and branches handle the duties stipulated in this Act, all of the relevant authorities, the governments of municipalities and counties (cities) shall provide necessary assistance.
Competent authorities and protection organization may, as necessary, hold business liaison meetings with relevant authorities, the governments of municipalities and counties (cities) to coordinate matters related to the protection of the rights of crime victims.
The branches shall hold regular meetings with relevant agencies/organizations or units of the municipality, county/city government, and jointly promote the protection of the rights of crime victims.
Article 19
To implement the protection services stipulated in this Act, protection organization and branches may request relevant agencies/organizations, groups, and legal persons to provide contact information of crime victims or family members, as well as personal or property data and information of criminals or persons legally liable for compensation; the recipients of such requests shall not refuse unless otherwise stipulated by law.
Article 20
The information obtained and learned by protection organization and branches during the implementation of protection services stipulated in this Act shall be kept confidential.
The preservation, processing, utilization, and removal of the information in the preceding Paragraph obtained by protection organization and branches due to their operations shall be done in accordance with the Personal Data Protection Act and the Juvenile Justice Act.
Article 21
During investigation or trial, judicial personnel shall, in accordance with relevant laws and regulations, provide necessary assistance or adopt appropriate protective measures according to the needs of crime victims or their family members.
The situation in the preceding Paragraph does not apply to persons performing defense duties.
Article 22
When judicial personnel, judicial police personnel/officers, or branch staff, while performing their duties, find that a crime victim or their family members meet the application requirements stipulated in the Legal Aid Act, they shall notify the aforementioned persons of their rights to apply in accordance with the laws and regulations.
When the crime victims or their family members do not meet the application requirements stipulated in the Legal Aid Act, the branch shall provide appropriate assistance in legal proceedings according to their wishes and needs.
In order to handle the introductions set forth in the previous two Paragraphs, the branch shall establish a collaborative service and contact mechanism with the Legal Aid Foundation.
The situation in Paragraph 1 does not apply to persons performing defense duties.
Article 23
For family members of the deceased due to intentional criminal acts of third parties, and other crime victims or their family members designated by protection organization in cases involving major public interest or social attention, who do not appoint lawyers to act as their representatives or agents during the investigation or trial, the protection organization or branches shall appoint lawyers for them after actively obtaining their wishes.
Article 24
At the request of the person who witnesses the criminal acts stipulated in this Act and such request being evaluated and deemed necessary, the branch shall provide or refer services such as psychological treatment, psychological counseling, or consultancy that meet his/her needs.
Article 25
When the crime victims or their family members initiate a civil lawsuit against the criminal or the person legally liable to claim damages or file an appeal in accordance with the civil procedure, the litigation fee will be temporarily exempted, and the enforcement fee will be temporarily exempted when applying for compulsory enforcement.
In the lawsuit mentioned in the preceding Paragraph, where the crime victims or their family members apply for provisional seizure or provisional enforcement for the purpose of preservation and enforcement, the security ordered by the court in accordance with the Civil Procedure Act shall not be higher than one-tenth of the requested amount or value.
The security stated in the preceding Paragraph may be replaced by a letter of guarantee issued by the protection organization or branches. However, this does not apply to those cases that have no hope of winning the lawsuit.
When the reasons for issuing the letter of security in the preceding Paragraph extinguish, the protection organization or branches may apply, in its own name, for withdraw the letter from the court .
The provisions of the preceding three Paragraphs shall apply mutatis mutandis to the court’s declaration of provisional execution of the security provided upon petition or ex officio.
Article 26
The prosecutors office or the court may, at the request of the crime victims or their family members, provide case progress inquiry or notification services by criminal procedure information platform .
The above-mentioned claims or other case progress inquiries or notification services may be assisted by protection organization and branches.
The preceding two Paragraphs do not apply to cases of juvenile protection and juvenile crimes.
Article 27
The crime victims or their family members may express their opinions to the correction institutes where the prisoner is located or entrust the protection organization or branches to convey their opinions on the parole review of the prisoner, either verbally or in writing.
When a prisoner escapes, the correction institute shall immediately notify the police administration. Upon discovering any crime victims under this Act after reviewing the criminal acts and criminal record of the prisoner, the police administration shall immediately notify the crime victims or their family members, and provide appropriate personal safety protection. However, this does not apply to cases where the residence of the crime victims or their family members is unknown and cannot be notified or it is obviously difficult to notify.
The provisions of Paragraph 1 are not applicable to juvenile crime cases.
Article 28
The police administration shall provide emergency rescue, personal safety, care services and necessary assistance to the crime victims or their family members after learning of the occurrence of the case, and shall, within 24 hours after learning of the contact information of the crime victims or their family members, notify or refer relevant institutes or branches to provide assistance to victims or their family members aboved.
Article 29
The competent authority in charge of health and welfare shall provide services for victims of serious injury and their family members in accordance with the relevant provisions of the Long-Term Care Services Act and the People with Disabilities Rights Protection Act.
Protection organization and branches shall plan and implement bridging care service measures according to the needs of victims of serious injury and their family members and provide necessary financial subsidies for those who are unable to take care of themselves after assessment.
The entitlement to allowances, and the amount, review procedure, evaluation standard, issuance period and other related matters in the preceding Paragraph shall be drafted by the protection organization and submitted to the competent authority for approval.
Article 30
For crime victims and their family members who are willing to work but lack the capability of employment, the competent authority in charge of labor shall provide services for preparatory employment or supportive employment.
Article 31
The competent authorities in charge of culture and communication shall supervise the media to conduct regular education and training for media professionals to improve self-discipline and protect the privacy and reputation of crime victims and their family members.
Article 32
Providers of promotional materials, publications, radio, television, Internet contents, or other media operators shall protect or safeguard the reputation and privacy of crime victims or their family members when reporting crimes or producing related programs.
If the crime victims or their family members perceive errors in a radio or television report, they may request correction or other necessary measures within 20 days from the day the report was broadcast or published.
If the crime victims or their family members deem that a report through publicity materials, publications, Internet content providers or any other media operators is incorrect, they may request correction, removal, unload, or any other necessary measure within 20 days from the date such report was broadcast or published.
Media operators shall, within 7 days after receiving the request, correct, remove, or take other necessary measures on the original program broadcast by the report or the program at the same time period, or on the same publication or the same page where the report was published. If the media operators believe that such report is genuine, they shall reply to the crime victims or their family members with the reasons in writing.
Article 33
The crime victims or their family members may request assistance from the competent authority, each of the relevant authorities , protection organization or branches for the requirements of Paragraphs 2 and 3 of the preceding Article.
When the crime victims or their family members suffer damage due to a report referred to in Paragraph 1 of the preceding Article, the media operators, the persons in charge, and related personnel shall bear civil, criminal, and administrative liabilities in accordance with relevant laws and regulations.
Article 34
During the investigation or trial, the prosecutor or the court may request the assistance of the police administration when there are specific facts showing that security protection for the crime victims or their family members is necessary.
This also applies to situations in which the branch deems it necessary to protect the personal safety of crime victims or their family members during the process of implementing protection services.