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Chapter 5. Crime victim compensation
Article 50
The family members of deceased victims, those who have been seriously injured, and those whose sexual autonomy has been infringed shall be entitled to apply for crime victim compensation. However, this does not apply to persons who are entitled to claim for payment or compensation in accordance with the Compulsory Automobile Liability Insurance Act.
Article 51
Compensation payable to crime victims shall be paid by the District prosecutors offices and its branches; the sources of budgets required are as follows:
1. Budgets planned by the competent authority.
2. Work surplus by correction institutes.
3. Confiscated proceeds of crimes.
4. Probation payments.
5. Payments for deferred prosecution.
6. Payments for plea bargains.
7. Donations from groups or individuals.
8. Other income.
Article 52
The categories of crime victim compensation and the persons entitled to receive such compensation are as follows:
1. Survivor Compensation: payable to the family members of deceased victims of criminal acts.
2. Serious injury Compensation: payable to seriously injured victims of criminal acts.
3. Sexual assault Compensation: payable to victims of sexual assault crimes.
4. Overseas compensation: payable to family members of deceased victim of ROC nationals with household registration in the Taiwan who passed away outside the territory of ROC due to intentional crimes committed by any other third parties.
The compensation under the preceding Paragraph shall be paid in a lump sum, or in installments at the request of the applicant.
Article 53
The family members in each category below are entitled to apply for the survivor compensation or overseas compensation if the family members in the categories above them do not exist:
1. Parents, spouse, sons and daughters.
2. Grandparents.
3. Grandsons and granddaughters.
4. Brothers and sisters.
If there are two or more persons who are qualified and in the same priority stated in the preceding Paragraph, they shall make a joint claim. If there is no joint claim or a third party makes a claim before the compensation decision is made, all applicants shall be notified to agree to have one of them to make such claim. If no agreement is reached, the compensation for the survivors shall be distributed equally to each applicant according to the number of applicants.
When any of the survivors in the same priority makes a waiver or is under any of the circumstances listed in Article 56, the other survivors of such priority may make a claim. If there are no other survivors of such priority, the survivors in the next priority may make a claim.
After the survivor compensation or overseas compensation has been issued, if there are other unrecognized or undiscovered survivors in the same priority, the survivors who have received the compensation shall be responsible for distributing the compensation to such survivors.
Article 54
When citizens of Republic of China victimized outside its territory by intentional conduct of any other person die after December 9, 2011, their family members may apply for overseas compensation conditional upon the following:
1. The victim has its family registration in the Taiwan area and the registration was not removed out of his or her moving abroad.
2. The victim has neither illegally left the country nor is wanted for any criminal procedure.
3. The intentional conduct is subject to criminal punishment in accordance with the laws of Republic of China by the time such a conduct occurs.
Article 55
When the crime victims or the family members of the deceased victim are unable to apply for compensation payable to the crime victim, they may appoint an agent to make an application on their behalf.
If the crime victims or the family members of the deceased victim are unable to appoint an agent, or the crime victim, who suffered serious injury or whose sexual autonomy has been infringed, is a minor, or a person under declaration of guardian or under curatorship, while his/her statutory guardian or curator is the perpetrators, the crime victims’ family members, or the municipality and county (city) government or the protection organization branch of the jurisdiction of the registered address may make application on their behalf.
Article 56
In any of the following situations, a family member of a deceased victim shall not be entitled to claim payment of the survivor compensation and overseas compensation:
1. He/she caused, intentionally or through negligence, the death of the victim.
2. Before the death of the victim, he/she intentionally caused the death of another family member of the deceased victim, who has an entitlement of a higher or the rank to claim survivor compensation or overseas compensation.
3. After the death of the victim, he/she intentionally caused the death of another family number of the deceased victim, who has an entitlement of a higher or the rank to claim survivor compensation or overseas compensation.
Article 57
The amounts of compensation payable to various crime victims are as follows:
1. Survivors compensation: NT$1,800,000.
2. Serious injury Compensation: NT$800,000 to NT$1,600,000.
3. Sexual assault Compensation: NT$100,000 to NT$ 400,000.
4. Overseas compensation: NT$200,000.
When the accumulative growth rate of the consumer price index released by the Directorate General of Budget, Accounting and Statistics reaches 5%, the competent authority shall report to the Executive Yuan for approval and adjustment of the amounts specified in the preceding subparagraphs.
Article 58
Before the minor applying for compensation payable to crime victims reaches the age of majority, or the guardianship or curatorship declaration of such applicant is revoked, based on the best interests of such person, the compensation may be entrusted to the protection organization or branch for management which may be paid out in installments or monthly with interest or in one lump sum upon reaching the age of majority.
Article 59
No compensation shall be paid for all or part of the compensation may be reduced under any of the following circumstances:
1. The crime victims committed intentional or gross negligence for the situation he/she suffers. However, this does not apply to the case where the crime victims are those without capacity to make judicial acts.
2. Based on the relationship between the crime victims or their family members and the perpetrators of the crime and other circumstances, it is deemed to be inappropriate to pay such compensation.
Article 60
The compensation payable to crime victims under any of the following circumstances shall be returned in full, and the interest calculated from the date of receipt shall be paid:
1. Under the circumstances stipulated in Article 56 that the application cannot be made.
2. Applying for compensation payable to crime victims through deception or other dishonest means.
Article 61
The District Prosecutors Offices and its branches shall organize a Crime Victim Compensation Review Committee (hereinafter referred to as the “Review Committee”) in charge of screening and making decisions on compensation claims and other relevant matters.
The High Prosecutors Office and its branches shall organize the Crime Victim Compensation Reconsideration Committee (hereinafter referred to as the “Reconsideration Committee”) to direct and supervise the Review Committee’s handling of crime victim compensation claims and shall process and make decisions of appeals against decisions of the Review Committee.
Both the Reconsideration Committee and the Review Committee shall each have one convener who shall be the Chief Prosecutor of the High Procurators Office or its branch, or the Chief Prosecutor of the District procurators office or its branch. There shall be six to ten members with a three-year term, who shall be the prosecutors and other professionals specializing in the field of law, medical science, psychology, social work, crime prevention, or related expertise , and who shall be selected by the Chief Prosecutor after reporting to the competent authority for approval. Staff members of the Review Committees and the Reconsideration Committees shall be the existing staff members of the Prosecutors Offices concerned.
The committee members of the preceding Paragraph shall not be less than one-third for any gender, and shall not be less than one-half of persons with various expertise; members of the Review Committee shall not concurrently serve as members of the Reconsideration Committee.
When the meetings of Reconsideration Committee and Review Committee are held, the protection organization or branches shall be invited and shall dispatch representatives to attend the meetings.
Article 62
Any person claiming crime victim compensation under this Act shall file a written application attached with relevant supporting documents with the Review Committee at the jurisdiction where the criminal act at issue was committed. However, those who apply for overseas compensation shall submit the application to the Review Committee of the area where crime victim’s household is registered.
Under any of the following circumstances, the competent Review Committee processing a compensation claim shall be designated by the Reconsideration Committee at the jurisdiction where the central government is located:
1. The place where the criminal act at issue was committed is unknown.
2. There is a dispute over which committee is the competent authority to process the compensation claim at issue.
3. There is no committee eligible to process the compensation claim.
Article 63
The right to claim for crime victim compensation shall be extinguished if the claimant has not exercised such right within five(5) years since the time the claimant became aware of criminal act at issue. The same rule shall be applied if ten(10) years have elapsed from the date when the criminal act was committed. However, any person who was a minor at the time of the crime may make the claim within five years upon reaching the age of majority.
In the case of the preceding Paragraph, if a person is seriously injured due to a criminal act, his/her right to claim will be extinguished if he/she does not exercise it within five(5) years from the time upon becoming aware of the serious injury.
Article 64
The Review Committee’s decision on the application for compensation shall be made in writing within three(3) months either from the date of receipt of the application when the facts of the crime are clear; or from the date of the conclusion of the investigation, inspection or related investigation when the fact of the crime can only be ascertained by referring to the information obtained from the investigation of the judicial authority.
Article 65
An applicant who disagrees with the decision made by the Review Committee may, within 30 days after receiving the decision, file with the Reconsideration Committee a written appeal for reconsideration stating therein the reason for such appeal.
If the Review Committee fails to make a decision within the period specified in the preceding Article, the applicant may apply in writing to the Reconsideration Committee to make a decision within 30 days after the expiration of the period.
The provisions of the preceding Article shall apply mutatis mutandis when the Reconsideration Committee makes a decision on an appeal for reconsideration or makes a decision bypassing the Review Committee.
Article 66
If the applicant disagrees with the reconsideration decision made by the Reconsideration Committee, or a decision of the Reconsideration Committee made while bypassing the Review Committee, or the Reconsideration Committee fails to make a decision within the period under Article 64, the applicant may, within 30 days after receiving the decision or the expiration of the period, directly file an administrative litigation.
Article 67
The Reconsideration Committee and Review Committee shall, as a matter of principle, conduct a document review when handling affairs related to compensation for crime victims. If investigation is necessary, the applicant and related parties may be notified to present their opinions, and relevant organizations or groups shall provide necessary assistance.
If the applicant, without justifiable reason, refuses to submit documents or other necessary materials, or to accept physician’s diagnosis, or to present an opinion, the Reconsideration Committee and Review Committee may dismiss the applicant's appeal or application or render a decision by default.
Article 68
If a claimant is in urgent need, the Reconsideration Committee and the Review Committee may make a decision for payment of provisional compensation ex officio or upon application, before deciding the compensation claim.
The Review Committee and the Reconsideration Committee shall make a decision on the application for provisional compensation in the preceding Paragraph in writing within two months from the date of receipt of the application.
No appeal for reconsideration or administrative litigation may be filed against a decision regarding provisional compensation.
Article 69
The provisional compensation shall not exceed NT$ 400,000.
If a decision was made to pay compensation to a crime victim, it shall be paid after deducting the amount of provisional compensation already received. If the provisional compensation exceeds the total amount of compensation or the application for compensation is rejected, the review committee shall order the recipient to return the difference or the full amount.
Article 70
The collection of compensation payable to crime victims and provisional compensation shall not be accepted after two years since the date of notification of acceptance.
Article 71
When payment of compensation is received under any of the circumstances listed in Article 60 or Article 69, Paragraph 2, the Review Committee shall order the obligor in writing to return it within a time limit. Those who fail to return within the time limit shall be subject to administrative enforcement.
Article 65, Paragraph 1 and Article 66 shall apply mutatis mutandis to those who disagree with the decision of the Review Committee in the preceding Paragraph to order the return.
Compensation payment to be returned shall be paid with a priority higher than the rights of ordinary creditors.
Article 72
The right to receive compensation payable to crime victims and provisional compensation shall not be withheld, transferred, set off, or provided as collateral.
The crime victims or the family members of deceased victims may present the proof issued by the protection organization and open a designated account with a financial institution for the purpose of depositing the crime victim compensation or provisional compensation.
The deposits in the designated account referred to in the preceding Paragraph shall not be subject to off-setting, seizure, collateral or compulsory enforcement.
Article 73
Protection organization and branches shall provide necessary assistance for crime victims or their survivors to apply for compensation payable to crime victims in accordance with this Act.
Where a crime victim or the family members of deceased victims entrust an agent to handle the application for compensation payable to crime victims and agrees on remuneration, the agreement shall be invalid.
Article 74
The compensation payable to crime victims received in accordance with this Act and financial subsidies issued by protection organizations and branches shall not be included in the total household income of the Public Assistance Act.