Crime Victims Protection Institution Organization and Supervision Regulations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0050017

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Article 1


These Regulations are prescribed pursuant to the authority granted under Paragraph 2 of Article 29 of the Crime Victims Protection Act (hereinafter referred to as this Act).


Article 2


The Crime Victims Protection Institution (hereinafter referred to as the Protection Institution), which is established in accordance with Paragraph 1 of Article 29 of this Act, may set up branches with the approval of the Ministry of Justice to complete and enhance its function.
The protection institution is responsible for making the overall plan, organizing itemized resolution in the Board of Directors Meeting and program consignments of the Ministry of Justice, as well as the supervision of every branch of protection institution.


Article 3


The protection institute proceeds up affairs pursuant to the Act herein as follows:
1. Assistance in case of emergency behind physiological and psychological medical treatment, as well as placement.
2. Assistance in the investigation and trial and after the trial.
3. Assistance in the filing of claims, social assistance and civil claims.
4. Assistance in the investigation of the property in the ownership of the criminals or individuals who shall bear the liability legally.
5. Assistance in security and protection.
6. Physiological and psychological interventions, life rehabilitation and occupational training.
7. Propaganda of the protection of victims.
8. Others.


Article 4


The Supervision & Protection Institute’s affairs subordinated in the Ministry of Justice:
1. Set up itemized permissions.
2. Organize current state of management, operation and facility.
3. Annual working plan and measures in significance.
4. Current state of the custody and deployment of treasury bond of property fund.
5. Final accounts of budgetary estimates and financial state.
6. Current state of business
7. Others items in supervision by law.


Article 5


The prescription, amendment and abolishment of a variety of measures prescribed by the protection institutes pursuant to donation and the Articles of Association with authorization shall be reported to the Ministry of Justice for approval.


Article 6


The protection institution shall set up the board of directions, composed of 11 to 25 directors, whom to be selected and appointed the Ministry of Justice as follows:
1. The chairman of each branch;
2. Administration personnel in relevant institutions and organizations;
3. Scholars or practitioners with studies on or experiences in the protection of the victims to the crimes.
4. Personage who is just or enthusiastic about promoting public welfare and interests.
The directors selected pursuant to paragraph 3 as above shall ot be less than one-fifth portion of the members in the Board of Directors.
The protection institute shall set one person as the President, whom is acted by the Public Prosecutor, the Public Prosecutors’ Office, The High Court of the Republic of China to take charge of the relevant activities and on behalf of the protection institution externally.


Article 7


The dutiful authorities of the board of directors are as follows:
1. Amending the charter of the institution;
2. Reviewing and promoting the working plans;
3. Depositing and managing the donation to of the institution;
4. Raising, managing the use of the funds of the institution;
5. Reviewing and approving the annual budget and final accounts;
6. Managing the property of the institution;
7. Enacting and executing the rules of the institution;
8. Determining the dissolution and the merge of the institution;
9. Enacting and amending important regulations for the institution;
10. Deciding any other important issue.


Article 8


The board of directions may set up seven to nine Managing Directors in the Board of Managing Directors. The chairman of the board of directions is the natural managing director. Other managing directors shall be elected within the rest of the directors.
The managing board of directors carries out the resolutions of the board of directions and takes charge of daily activities.


Article 9


The board of directions meets every six months. But extra meetings can be called, if the chairman of the board of directions feels the need to convene, or more than one-third of the sitting directors of board of directions propose so in written form.


Article 10


The chairman of the board convenes and presides the meeting of the board of directions . In case of the chairman cannot convene or preside the meeting, the chairman shall designate one of the managing directors to act on his behalf. In case the chairman of the board fails the designation, the managing directors shall elect one among themselves.
Resolutions of the board of directions shall be made by the majority of the attending directors at a meeting attended by a majority of the directors. But the resolutions of the following issues shall be made by more than two-third of the attending directors at a meeting attended by a majority of the directors and become effective after being ratified by the Ministry of Justice:
1. Modifying or altering the charter of the institution. With the situations prescribed in the Article 62 and Article 63 of the Civil Code, the modification need approval of a court order ;
2. Disposing or imposing encumbrances upon real estate and rights;
3. Determining the disbandment and the merge of the institution;
4. Expending the donation.
All relevant materials shall be sent to all directors of the board and the Ministry of Justice no later than 10 days prior to the meeting, discussing issues prescribed above The Ministry of Justice shall send representatives to attend the meeting, and participate in discussion before voting.


Article 11


The protection institution may employ several councils to complete and enhance its function through the resolution of the board of directions.


Article 12


The protection institution shall have three supervisors, and one of them as the managing supervisor. The supervisors are selected and appointed from personnel set forth in Subparagraph 2 through 4 of Paragraph 1 of Article 6 by the Ministry of Justice.
The supervisors are in charge of the management of donations and auditing of bank savings, the supervision of the financial conditions, and the examination of the statements and records of the final accounting of revenue and expenditure.
The managing supervisor shall attend the meeting of the board of directions.


Article 13


Directors and supervisors are all in unpaid positions with three years of office and shall be re-elected upon fulfillment. The number of re-elected directors as above shall be less than two-third portion of overall number of rehired director; however, the situation excludes those peculiar business needs approved by the Ministry of Justice. The directors as above shall be acted by the public servants in concurrence and any of them shall be altered subject to this position shall be excluded in the number of re-elected director.
If any of the directors and supervisors cannot fulfill the duty and dismissed due to resignation, decease or other reasons, it shall be reported by the protection institution to the Ministry of Justice for appointment (selection) of other candidates as the successors alternatively until expiry of the office.


Article 14


The protection institution shall have one Chief Executive Officer, who takes charge of daily activities based on the order of the chairman of the board of directions. The Chief Executive Officer is nominated by the chairman of the board of directions, and employed with the approval of the board of directions. The procedure of discharging the Chief Executive Officer is the same as her/his employment. The protection institution shall have 1 to 2 assistant Chief Executive Officers and several staffs. The assistant Chief Executive Officers and staffs are recruited by the chairman of the board of directions.


Article 15


The branch of the protection institution may set up a committee, where is composed of nine to twenty-three unpaid committee members, among of which, one of them shall be served as the chairman and selected and appointed pursuant to the provision set forth in Subparagraph 2 through 4 of Paragraph 1 of Article 3. Such members selected and appointed shall constitute minimum one-sixth portion of overall number of the members.
The terms of their office are three years who shall be re-appointed, but with once maximum.
The chairman takes charge of the relevant activities, and represents the branch of the protection institution externally.
If any of the committee members cannot fulfill the duty due to resignation, decease, incompetence, and any other causes to impair her/his ability, or changes on job so as to lose the qualification, before she/he has ended the term of her/his office, the protection institution shall select and appoint other appropriate personnel to fill in the position; the original term of the office left for more than two years shall be deemed as one term.


Article 16


The branch of the protection institution may have one unpaid honorary chairman to assist the activities of the branch. This honorary chairman shall be selected and appointed from personnel set forth in Subparagraph 2 through 4 of Paragraph 1 of Article 3 by the protection institution. The terms of their office are three years. The committee members can be re-appointed.
If the honorable chairman cannot fulfill the duty due to resignation, decease, incompetence, and any other causes to impair her/his ability, or changes on job so as to lose the qualification, before she/he has ended the term of her/his office, the protection institution shall select and appoint other appropriate personnel to fill in the position.


Article 17


The branch of the protection institution shall have several staffs and recruit them by the chairman of the board of directions.


Article 18


The personnel of the protection institution and its branches may work full-time or part-time. The personnel system of the protection institution, including the employment, discharge, service, payment, consolation and compensation, welfare and the merit of professional performance, etc, shall be stipulated by the protection institution, and become effective after ratifying by the Ministry of Justice.


Article 19


The fiscal year of the protection institution uses the calendar year.
The protection institution shall submit its business report and its fiscal report to the Ministry of Justice for future reference every month or periodically. The protection institution shall settle accounts every six months, and submit reports about the result of the settlement to the Ministry of Justice for future reference. The settlement of account in the second half of a year may be combined with reports of the final accounting of revenue and expenditure.
Before the end of July every year, the protection institution shall make work plans and budget plans for the next year, submit them to and get approval by the board of directions, and then submit them to the Ministry of Justice for future reference before December 1. After the end of the year, the protection institution shall make finalized reports against the results, along with the final accounting of revenue and expenditure accredited by the supervisors and inventory list of the property, then submit to the Ministry of Justice for future reference before the end of April.


Article 20


In event of any change(s) made on the type and quantity (amount) of the property entirely registered with the court and owned by the protection institute, it shall be reported to the Ministry of Justice for approval and implementation.
When the final accounts of the protection institute are reported to the Ministry of Justice for future references, if any change(s) made involving gross amount of property, it shall be reported to the Ministry of Justice for approval within 30 days from the day the resolution is generated by the Board of the Directors and filed for registration of alternation with the court within jurisdiction within 30 days of the receipt of documents for permission.
Any change(s) made on the gross amount of property and referred to as securities refers to any premiums or discounts accounted for realization. Other types of property shall be recognized by relevant laws.
In order to check if the gross amount of actual property owned by the protection institute is consistent with that registered with the court, if necessary, the Ministry of Justice shall notify the protection institute to to furnish relevant certificates or appoint staffs for any checks.


Article 21


The protection institution shall use the profits of the donated property and the incomes after its establishment to handle every activity concerning crime victim’s protection. Without the resolution of the board of directions and the permission of the Ministry of Justice, the protection institution shall not expend or dispose the donated property.
All the property of the protection institution shall be deposited in the name of the protection institution in a special account, and shall not be deposited or loaned to any director, individual or non-financial institution. The distribution of surplus of the protection institution is not allowed.


Article 22


The Ministry of Justice may order the protection institute to report on affairs pertaining to the business, accounting and property orally or in written form, and send its officers for examination at the regular basis or irregular basis.
The Ministry of Justice may appoint professionals to assist or work with the Ministry of the Interior to make the examination prescribed in the preceding Paragraph, if necessary.


Article 23


The Ministry of Justice shall request the protection institute to propose annual objective of performance by the end of March every year and conduct annual performance assessment by the end of May next year. Such objectives shall be specified in the annual working plan and submit to the Ministry of Justice for further checks. The result of assessment against the foregoing performance shall be served as the references for personnel adjustment and subsidy programs (donation).


Article 24


Under any of the following circumstances, the Ministry of Justice may order the protection institution to improve itself within a period of time. If the protection institution fails to make improvement within the given time, the Ministry of Justice may revoke the approval of its establishment:
1. The activities, the management, or the operation does not conform to the purpose of its establishment;
2. Reports about its activities, its fiscal situation, its work plan, its budget plan, the results of its work, the final accounting of revenue and expenditure, and the inventory of its property shall not be submitted to the Ministry of Justice for future checks according to the provision set forth in Paragraph 2 or Paragraph 3 of Article 19 before the prescribed date;
3. The protection institution expends or disposes the donated property in violation of the provision of Paragraph 1 in Article 21.
4. The protection institution has not registered or deposited the donated property, prescribed in the provision of Paragraph 2 of Article 21, or the institution has other violations prescribed in same paragraph.
5. The protection institution impedes, avoids or refuses the inspection by the Ministry of Justice prescribed in Paragraph 1 of Article 22.
6. The protection institution has not kept complete and accurate records of its revenue and expenditure, or institution has not kept the original receipts, invoices or certificates, so that its fiscal condition cannot be examined.
7. The protection institution has concealed its property, or made false records and reports about its financial condition.
8. The protection institution has expended the profits of the donated property and the incomes after its establishment illegally, illegitimately or wastefully.
9. The protection institution has other violations prescribed by these Regulations and the provisions of the charter on donation.
When the Ministry of Justice has revoked the approval of a protection institution in accordance with the preceding subparagraphs, recognized as the contemplations as to the dismiss and approved by the Board of Directors pursuant to the provisions of donation in the Articles of Association, it shall also notify the court to make a direct registration of disbandment and the liquidation prescribed in the Paragraph 2 of Article 42 of Civil Code, and the local taxation authority for reference.


Article 25


These Regulations shall enter into force from the date on which it is promulgated.