Enforcement Rules for the Crime Victim Protection Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0050006

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Article 1


These Rules are prescribed pursuant to the authority under Article 35 of the Crime Victim Protection Act (hereinafter referred to as the "Act").


Article 2


The term "seriously injured" under the Act is as defined in Paragraph 4, Article 10 of the Criminal Code.


Article 3


The appropriation from the labor wages for prisoners who participate in workshops referred to the Subparagraph 2, Paragraph 2, Article 4 of the Act shall be deducted in accordance with Article 17 of the Detention Act, Article 33 of the Prison Act, Article 23 of the Prison Camp Act, and Article 57-1 of the Rehabilitative Disposition Execution Act.
The proceeds of criminal ventures or the proceeds derived from legally selling the confiscated property of criminals referred to in Subparagraph 3, Paragraph 2, Article 4 of the Act shall all be deposited in the account for the crime victims’ compensation fund by the competent district court or its branch court prosecutors’ office stipulated in Article 21.
The proceeds of criminal ventures mentioned above are referred to the proceeds of criminal activity stipulated in Subparagraph 1, Article 3 of the Act.
The term "certain amounts" referred to in Subparagraph 4, Paragraph 2, Article 4 of the Act shall be calculated by the Ministry of Justice in accordance with the funding needs of crime victims’ compensation in the next year and the amounts stipulated in other regulations under Paragraph 2, Article 4; the amounts of reimbursement shall all be deposited in the account for the crime victims’ compensation fund by the designated district court or its branch court prosecutors’ office stipulated in Article 21.
The term "other proceeds" referred to the Subparagraph 5, Paragraph 2, Article 4 of the Act shall include the amounts otherwise appropriated in accordance with the law and donations from individuals or organizations.


Article 4


The family members entitled to receive compensation to a deceased victim based on their priority to entitlement under Article 6 of the Act shall apply for the compensation only when no family member who has prior entitlement makes the application or when all the family members with prior entitlement have waived their rights.


Article 5


The "medical treatment cost" under Subparagraph 1, Paragraph 1, Article 9 of the Act means the sum of costs incurred from the necessary medical treatment of the victim's injuries.
The "funeral expenses" under Subparagraph 2, Paragraph 1, Article 9 of the Act means the sum of the necessary funeral expenses incurred for the victim's death.
Family members of a deceased victim entitled to claim compensation under Paragraph 3, Article 9 of the Act shall be limited to the family members having the same priority under Paragraph 1, Article 6 of the Act.


Article 6


The crime victim protection institution under Paragraph 4, Article 9 of the Act shall be the protection institution stipulated in Article 29 of the Act or other institutions appointed by the Ministry of Justice.


Article 7


The "causes of harm attributable to a victim" under Subparagraph 1, Article 10 of the Act may be determined by the following standards:
1. The criminal act is triggered by the violent, threatening, insulting or other illegitimate acts of the victim.
2. The criminal act is agreed, incited or assisted by the victim.
3. The result of the criminal act is attributable to the victim's fault.


Article 8


The pecuniary benefits claimable under any other law for the person suffered from a criminal act referred to Article 11 of the Act mean the indemnities or subsidies claimable under the State Compensation Law or any other acts.


Article 9


The prosecutors’ office of the district court or its branch court may negotiate with the criminal or the person liable for the indemnification before exercising the right to claim reimbursement under Paragraph 2, Article 12 of the Act, and may permit payment in installments or postponement of the payment after considering the situation the criminal is in. If the negotiation fails, the litigation procedure will apply for claiming the reimbursement.


Article 10


Amounts of reimbursement under Article 12 of the Act and refunds of compensation under Article 25 of the Act shall all be deposited into the account for the crime victim compensation fund stipulated in Article 21.


Article 11


The redundant compensation under Subparagraph 1, Article 13 of the Act refers to the types of compensation under Paragraph 1 of Article 9 of the Act.
The interest under Subparagraph 3, Article 13 of the Act shall be calculated at the interest rate of one-year deposit announced by the Postal Savings and Remittance Bureau.


Article 12


An application for crime victim compensation referred to the Paragraph 1, Article 15 of the Act shall be filed in writing together with the following information to the Crime Victims Compensation Review Committee (hereinafter referred to as the "Review Committee") having jurisdiction where the crime was committed, and shall bear the signature or seal of the applicant or his/her agent:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. The type and the amount of compensation, and the damage being compensated for; the amount of compensation claimed by each applicant if there are multiple applicants.
3. The facts and reasons for the application.
4. The relationship between the applicant and the victim.
5. The method of compensation.
6. Received Compulsory Automobiles Liability Insurance benefits or pecuniary benefits claimable for compensation under any other law as a result of a criminal act.
7. The Crime Victims Compensation Review Committee.
8. The date of application.
If an application is not filed according to the due procedure or not all the required information is enclosed with the application, the Review Committee shall order the applicant to correct or submit the application with all the required information within a certain period. Where the application is not corrected within the time limit specified or cannot be corrected, the Review Committee shall render a decision to dismiss the application.


Article 13


If, after reviewing a compensation application, the Review Committee considers the application justifiable, it shall render a decision in favor of the applicant indicating the amount and the method of payment; otherwise, the Review Committee shall decide to reject the application if such application is unjustifiable.


Article 14


An appeal for reconsideration under Paragraph 1, Article 18 of the Act shall be filed in writing specifying the following matters along with the relevant documents with the competent Crime Victims Compensation Reconsideration Committee (hereinafter referred to as the "Reconsideration Committee"), and shall bear the applicant's or his/her agent's signature or seal:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. A statement of objection to the decision of the Review Committee, and a proposal for how to annul or alter the decision.
3. The facts of and reasons for appeal.
4. The Crime Victims Compensation Reconsideration Committee.
5. The date of appeal.
If an appeal for reconsideration is not filed according to the due procedure or not all the required information is enclosed with the appeal, the Reconsideration Committee shall order the appellant to correct or submit the application with all the required information within a certain period. Where the application is not corrected within the time limit specified or cannot be corrected, the Reconsideration Committee shall render a decision to dismiss the application.
If an appeal for reconsideration is filed after the time limit under Paragraph 1 of Article 18 of the Act, the Reconsideration Committee shall decide to dismiss such appeal.


Article 15


Article 12 hereof shall apply mutatis mutandis to applications filed with the Reconsideration Committee in accordance with Paragraph 2, Article 18 of the Act for a decision rendered while bypassing the Review Committee. Such applications shall indicate the fact that the Review Committee fails to make its decision within the prescribed time limit.
Article 13 of the Act shall apply mutatis mutandis when the Reconsideration Committee is making its decision on an appeal for reconsideration or making a decision bypassing the Review Committee.


Article 16


The decisions of the Review Committee and the Reconsideration Committee under Articles 17 and 18 of the Act shall be made in writing indicating the following matters:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. The gist of the decision.
3. The facts, reasons and legal bases of the decision.
4. The government agency making the decision.
5 .The serial number and the date of the decision.
6. The relief claimable if the applicant objects to the decision rendered, the time limit for seeking such relief, and the competent government agency to handle the request for relief.


Article 17


A written decision under Paragraph 1, Article 25 of the Act shall indicate the following matters:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the obligor to reimburse crime victim compensation or provisional compensation.
2. The compensation amount and time limit.
3. The facts, reasons and legal bases of the decision.
4. The government agency making the decision.
5. The serial number and the date of the decision.
6. The relief claimable if the applicant objects to the decision rendered, the time limit for seeking such relief, and the competent government agency to handle the request for relief.


Article 18


When the success in a pending case obviously cannot be expected, as described in the proviso of Paragraph 2, Article 28 of the Act, the following situations may be considered:
1. The plaintiff will surely lose the suit even if no investigation or hearing is conducted.
2. The complaint or appeal does not meet the legal requirements.
3. The appeal is filed after the time limit.


Article 18-1


An application for pecuniary aid referred to the Article 34-5 of the Act shall be filed in writing together with the following information to the Review Committee where the victim’s family registration is located, and shall bear the signature or seal of the applicant or his/her agent:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. The qualifications, facts and reasons for the application.
3. The relationship between the applicant and the victim.
4. The number of family member of a deceased victim in the same sequence who has prior entitlement to apply for pecuniary aid.
5. The situation of having received compensation of damage or having paid by liable persons or by crime victims compensation funds in the foreign regime.
6. The Crime Victims Compensation Review Committee.
7. The date of application.
If an application is not filed according to the due procedure or not all the required information is enclosed with the application, the Review Committee shall order the applicant to correct or submit the application with all the required information within a certain period. Where the application is not corrected within the time limit specified or cannot be corrected, the Review Committee shall render a decision to dismiss the application.


Article 19


The other assistance under Subparagraph 8, Article 30 of the Act shall include the trust custody under Paragraph 4, Article 9 of the Act.


Article 20


When a crime victim’s protection institution performs the functions under Article 30 of the Act, the government agencies concerned at every level shall give necessary assistance.


Article 20-1


The term "certain amounts" referred to the Subparagraph 3, Paragraph 3, Article 29 of the Act shall be calculated by the Ministry of Justice in accordance with the funding needs of crime victims’ protection institutions in the next year and the amounts stipulated in other regulations under Paragraph 3, Article 29; the amounts of reimbursement shall be deposited in the account for the crime victims’ protection institutions by the designated district court or its branch court prosecutors’ office.


Article 21


The Ministry of Justice shall open an account for the crime victim compensation fund to manage the funds under Paragraph 2, Article 4 of the Act and the reimbursement under Articles 12 and 25 of the Act.


Article 22


The Rules shall become effective on the date of promulgation.
The amendments of the Rules shall become effective on the date of promulgation.