APCV Press Conference | Comparison Table between the Official and NGO Versions of Selected Articles of the Crime Victim Rights Protection Act
Last edited: 2026-08-29
I. Crime Victim Protection Orders
| Official Version | NGO Proposed Article |
| Article 35 When the court approves the suspension of detention for any defendant in any case where an intentional criminal act results in death, serious injury, or violation of sexual autonomy, the court may, after considering the balance between human rights protection and public interest and deeming it necessary, ex officio or upon request by the prosecutor, set a certain period of time not exceeding two years and order such defendant to comply with the following: 1. Not jeopardize the body or property of the crime victims or their family members. 2. Not threaten, harass, contact, or stalk crime victims or their family members. 3. Not approach the residence, school, workplace, or other specific places frequently visited by the crime victims or their family members at a specific distance unless justifiable reasons exist. 4. Any other prohibition regarding matters that jeopardize crime victims or their family members. The provisions of the preceding paragraph may be modified, extended, or revoked upon motion or ex officio. Each extension period shall be one year or less. Anyone who violates the matters ordered by the court to be complied with in accordance with Paragraphs 1 and 2 may be directly arrested. After the suspension of detention, the court may order the defendant to be detained again if the defendant, violates any of the matters ordered by the court to be complied with according to Paragraphs 1.
Cases involving crimes under Chapter 28-1 of the Criminal Code shall mutatis mutandis apply the provisions of this Chapter. |
Article 35 When the court approves the suspension of detention for any defendant in any case where an intentional criminal act results in death, serious injury, or violation of sexual autonomy, the court may, after considering the balance between human rights protection and public interest and deeming it necessary, ex officio or upon the motion of the prosecutor or the victim, set a certain period of time not exceeding two years and order such defendant to comply with the following:
1. Not jeopardize the body or property of the crime victims or their family members. 2. Not threaten, harass, contact, or stalk crime victims or their family members. 3. Not approach the residence, school, workplace, or other specific places frequently visited by the crime victims or their family members at a specific distance unless justifiable reasons exist. 4. Any other prohibition regarding matters that jeopardize crime victims or their family members. The provisions of the preceding paragraph may be modified, extended, or revoked upon motion or ex officio. Each extension period shall be one year or less. Anyone who violates the matters ordered by the court to be complied with in accordance with Paragraphs 1 and 2 may be directly arrested. After the suspension of detention, the court may order the defendant to be detained again if the defendant, violates any of the matters ordered by the court to be complied with according to Paragraphs 1. In cases involving crimes under Chapter 28-1 of the Criminal Code, the court may, upon balancing the maintenance of human rights protection and public interest and deeming it necessary, ex officio or upon the motion of the prosecutor or the victim, order the defendant to comply with or undertake the following items for a reasonable period of up to two years: 1. The matters set forth in Subparagraphs 1 to 3 of the preceding paragraph. 2. Prohibition of duplicating, disseminating, broadcasting, delivering, publicly displaying, or otherwise providing others with the victim's sexual images. 3. Surrendering the victim's sexual images in their possession to the victim. 4. Deleting the victim's sexual images in their possession. 5. Removing or applying to internet platform providers, internet application service providers, and telecommunications enterprises for the deletion of the victim's sexual images leaked by the counterparty. 6. Procedures relating to the motion and issuance of protection orders shall mutatis mutandis apply the provisions of this Chapter. |
| Article 41 For anyone who shall comply with the items in Subparagraphs 1 to 3 of Paragraph 1 of Article 35 but violate the orders made by the court, judge or prosecutor in accordance with Articles 35 and 36 without any justifiable reason shall be sentenced to an imprisonment of three years at maximum, detention, or a fine of NT$ 300,000 at maximum, or both. |
Article 41 For anyone who shall comply with the items in Subparagraphs 1 to 3 of Paragraph 1 or fails to undertake the matters ordered pursuant to Subparagraphs 1 to 5 of Paragraph 5 of Article 35 but violate the orders made by the court, judge or prosecutor in accordance with Articles 35 and 36 without any justifiable reason shall be sentenced to an imprisonment of three years at maximum, detention, or a fine of NT$ 300,000 at maximum, or both. |
II. Compensation
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Compensation (Assistance) Items
Official Version
NGO Version
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 15
The items of compensation shall be as follows:
1. Medical benefits.
2. Severe trauma benefits.
3. Disability benefits.
4. Death benefits.
5. Solatium.
6. Periodic benefits for maintaining livelihood.
The standards for the grades, amounts, and review of the benefit items referred to in the preceding paragraph shall be determined by the Foundation in consideration of actual social and economic conditions, and may, in response to changes in circumstances, be submitted to the competent authority for approval and adjustment.
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Circumstances for Non-compensation and Reduced Compensation
Official Version
NGO Version
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 16
Where a victim is victimized due to their own intent or gross negligence, the review committee and reconsideration committee may, considering specific circumstances, reduce the victim compensation. However, this shall not apply if the victim is under eighteen years of age. The amount by which the victim compensation is reduced pursuant to the preceding paragraph shall be determined by the review committee and reconsideration committee.
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Source of Compensation Funds
Since the NGO version returns the compensation review organization to the victim protection organization, no separate article on the "Source of Compensation Funds" is established.
Official Version
NGO Version
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 54
The competent authority and the Judicial Yuan shall, according to the business needs and development of the Foundation, allocate budgets year by year to subsidize it. Other sources of funds for the Foundation shall be as follows:
1. Subsidies from special municipalities, counties (cities).
2. Amounts allocated by courts and prosecutors offices from forfeited and confiscated property, including deferred prosecution disposition money, plea bargain money, probation judgment money, and proceeds from the monetization of confiscated property.
3. Interest accrued from the fund.
4. Donations from other organizations or individuals.
5. Other revenues.
III. Organization
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Board of Directors
Official Version
NGO Version
Article 79
The protection organization shall set up a board of directors consisting of 21 directors who shall be appointed by the competent authority from the following persons:
1. Two representatives of the competent authority, and one representative each from the health and welfare competent authority, police competent authority, and labor competent authority, whose tenure shall change with their positions.
2. Two lawyers nominated by the national bar association who have long participated in crime victims' rights protection work, or long participated in public interest or disadvantaged issues.
3. One psychologist each nominated by national counseling psychologist and clinical psychologist associations who have long participated in crime victims' rights protection work, or long participated in public interest or disadvantaged issues.
4. Two social workers nominated by the national social worker association who have long participated in crime victims' rights protection work, or long participated in public interest or disadvantaged issues.
5. Two scholars and experts nominated by various sectors who have conducted research on crime victims' rights protection.
6. Two socially impartial or public-interest-minded individuals nominated by various sectors.
7. Two individuals with rich service experience in crime victim protection work and prominent reputation or contributions nominated by various sectors.
8. Two representatives of groups or institutions related to crime victims' rights protection and protection services.
9. Two representatives of crime victims or their family members nominated by various sectors.
The board of directors shall, one month prior to the expiration of the term of directors of each term, nominate candidates for the next term of directors in double the number pursuant to Subparagraphs 2 to 9 of the preceding paragraph, and together with the directors generated pursuant to Subparagraph 1 of the preceding paragraph, submit them to the competent authority for selection and appointment.
For the directors in the first paragraph, neither gender shall be less than one-third. When the board of directors holds a meeting, representatives of personnel from the competent authority, protection institution, and branches shall be notified to attend as non-voting participants.
Article 60
The Foundation shall establish a board of directors consisting of fifteen directors, with a three-year term, all of whom shall be unremunerated.
Directors shall be selected and appointed by the Premier of the Executive Yuan from among the following personnel:
1. One representative each from the Judicial Yuan, Executive Yuan, Ministry of Justice, and Ministry of Health and Welfare, whose tenure shall change with their positions.
2. Two lawyers nominated by national and local bar associations who have participated in crime victims' rights protection work, or long cared about public interest and the disadvantaged.
3. Two scholars and experts nominated by social groups and major universities and colleges who have researched victims' rights protection.
4. One counseling psychologist nominated by social groups and the counseling psychologist association who has participated in crime victims' rights protection work, or long cared about public interest and the disadvantaged.
5. One social worker nominated by social groups and the social worker association who has participated in crime victims' rights protection work, or long cared about public interest and the disadvantaged.
6. Three representatives of disadvantaged groups nominated by social groups who have participated in crime victims' rights protection work or long cared about public interest and the disadvantaged.
7. Two crime victim representatives nominated by various sectors.
Directors under Subparagraph 1 of the preceding paragraph may be reappointed after expiration of their term, without limitation on the number of times.
Directors under Subparagraphs 2 to 7 of the second paragraph may be reappointed once after expiration of their term; provided, however, that the number of reappointed directors shall not exceed two-thirds of the total number prescribed in the said six subparagraphs.
The board of directors shall, one month prior to the expiration of the term of directors of each term, nominate candidates for the next term of directors in double the number pursuant to Subparagraphs 2 to 7 of the second paragraph, and together with the directors generated pursuant to Subparagraph 1 of the second paragraph, submit them to the Premier of the Executive Yuan for selection and appointment.
If a director falls under any of the following circumstances during their term, the Foundation shall report to the Premier of the Executive Yuan for dismissal:
1. Directors under Subparagraph 1 of the second paragraph leave their original positions.
2. Directors under Subparagraphs 2 to 7 of the second paragraph resign, are not reappointed, or are deemed unsuitable.
In the event of the preceding circumstances, directors shall be re-selected and appointed, and the procedure shall mutatis mutandis apply to the provisions of the fifth paragraph; the term of the newly appointed directors shall last until the expiration date of the original directors' term. For the directors in the second paragraph, a single gender shall not be less than one-third. When the board of directors holds a meeting, representatives of staff and union representatives of the Foundation or branches shall be notified to attend as non-voting participants.
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Managing Directors
Official Version
NGO Proposed Article
Article 81
The protection organization shall have a chairperson who represents the organization externally.
The chairperson shall be elected from among the directors, and shall be appointed by the protection organization after reporting to the competent authority for approval. The term of office shall be the same as that of the directors.
The board of directors may establish a board of managing directors consisted of three to five managing directors. Except for the chairperson who shall ex officio be a managing director, the others shall be elected from among the directors.
If the chairperson asks for leave, or is unable to exercise his/her powers for any reason or in accordance with the laws, the chairperson shall designate one of the managing directors to act as the proxy; if the chairperson fails to designate or is unable to appoint a proxy, such proxy shall be elected among the directors.
Article 81
The protection organization shall have a chairperson who represents the organization externally.
The chairperson shall be elected from among the directors, and shall be appointed by the protection organization after reporting to the competent authority for approval. The term of office shall be the same as that of the directors.
The board of directors may establish a board of managing directors consisted of three to five managing directors. Except for the chairperson who shall ex officio be a managing director, the others shall be elected from among the directors.
Managing directors who are representatives under Subparagraph 1, Paragraph 1 of Article 79 shall not exceed one-half of the total number.
If the chairperson asks for leave, or is unable to exercise his/her powers for any reason or in accordance with the laws, the chairperson shall designate one of the managing directors to act as the proxy; if the chairperson fails to designate or is unable to appoint a proxy, such proxy shall be elected among the directors.
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Chief Executive Officer and Deputy Chief Executive Officers
Official Version
NGO Version
Article 85
The protection organization shall have one full-time CEO; one to three Deputy CEOs, at least one of whom shall be full-time, who shall have relevant expertise in the law, psychology, social work, crime prevention, institutional management, etc., and shall be appointed by the protection organization.
The term of office of the CEO and Deputy CEOs shall be three years, and may be renewed upon expiry. The CEO shall be subject to supervision by the board of directors and manage the board affairs. The Deputy CEOs shall assist the CEO in handling the board affairs.
The appointment of the CEO and Deputy CEOs shall be submitted to the competent authority for approval after being submitted by the chairperson to the board of directors for approval.
The CEO or Deputy CEOs who resign or become ineligible shall be dismissed, and the dismissal procedure is the same as the appointment procedure.
Article 64
The Foundation shall have one chief executive officer and one deputy chief executive officer, both of whom shall be full-time positions, possessing specialized knowledge in social work, law, psychology, or other fields, and shall be appointed by the Foundation.
The chief executive officer shall serve a three-year term and may be reappointed upon expiration. The chief executive officer shall be under the direction and supervision of the board of directors to manage overall affairs of the institution; the deputy chief executive officer shall assist the chief executive officer in handling the affairs of the institution.
The chief executive officer and deputy chief executive officer shall be proposed by the chairperson, approved by the board of directors, and reported to the Premier of the Executive Yuan for approval.
If the chief executive officer and deputy chief executive officer resign or are deemed unsuitable, they shall be dismissed, and the dismissal procedure shall be the same as the appointment procedure.
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Compensation Review Organization
Official Version
NGO Version
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 68
Branches shall establish examination committees, consisting of a number of members with a three-year term, all of whom shall be unremunerated.
Members of the examination committees shall be nominated by branch heads from judges, prosecutors, lawyers, psychologists, social workers (workers), physicians, or scholars and experts with specialized knowledge in law, psychology, social work, medicine, or other fields, and appointed by the Foundation; in case of resignation or unsuitability, they shall be reported by branch heads to the Foundation for dismissal.
Article 72
The Foundation shall establish a reconsideration committee, consisting of a number of members with a three-year term, all of whom shall be unremunerated.
Members of examination committees shall not concurrently serve as members of the reconsideration committee.
Members of the reconsideration committee shall be nominated by the chief executive officer or branch heads from senior judges, prosecutors, lawyers, psychologists, social workers (workers), physicians, or scholars and experts with specialized knowledge in law, psychology, social work, medicine, or other fields, and appointed by the Foundation; in case of resignation or unsuitability, they shall be reported by the chief executive officer or branch heads to the Foundation for dismissal.
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Budget
Official Version
NGO Version
Article 8
The competent authority and all of the relevant authorities shall prepare a budget to handle the protection of the rights of crime victims and protection services, and may encourage, guide or entrust non-governmental organizations to do so.
Article 54
The competent authority and the Judicial Yuan shall, according to the business needs and development of the Foundation, allocate budgets year by year to subsidize it. Other sources of funds for the Foundation shall be as follows:
1. Subsidies from special municipalities, counties (cities) governments.
2. Amounts allocated by various courts and prosecutors offices from forfeited and confiscated property, including deferred prosecution disposition money, plea bargain money, probation judgment money, and proceeds from the monetization of confiscated property.
3. Interest accrued from the fund.
4. Donations from other organizations or individuals.
5. Other revenues.
IV. Protection of Victim's Privacy
| Official Version | NGO Version |
| Article 32 Propaganda materials, publications, broadcasting, television, internet content providers, or other media operators shall, when reporting criminal cases or producing related programs, pay attention to protecting or maintaining the reputation and privacy of crime victims or their family members, and shall not report or record their names, residences, or other information sufficient to identify their identities. However, this shall not apply under any of the following circumstances: 1. Consented to by the person concerned. 2. Deemed necessary by prosecutors or courts in accordance with the law. 3. Deemed necessary for reporting by the competent authority or target-business competent authority after weighing social public interest. If crime victims or their family members consider that the reports of broadcasting or television enterprises contain errors or fall under the circumstances where reporting or recording is prohibited as set forth in the preceding paragraph, they may request corrections or other necessary treatments within twenty days from the date of broadcasting or publication of such reports. If crime victims or their family members consider that the reports of propaganda materials, publications, internet content providers, or other media operators contain errors or fall under the circumstances set forth in Paragraph 1 where reporting or recording is prohibited, they may request corrections, removal, taking down, or other necessary treatments within twenty days from the date of broadcasting or publication of such reports. Media operators shall, within ten days after receiving the request, make corrections, remove, take down, or perform other necessary treatments in the original program where the report was broadcasted or in a program of the same time slot, or in the same publication and same page where the report was published. If media operators consider that the report contains no errors or does not fall under the circumstances of Paragraph 1, they shall reply in writing with reasons to the crime victims or their family members. Requests under Paragraph 2 and Paragraph 3 may request assistance from competent authorities, target-business competent authorities, protection institutions, or branches. If crime victims or their family members suffer damage due to media reports, the media, its person in charge, and related personnel shall bear civil, criminal, and administrative liabilities in accordance with relevant laws and regulations. |
Article 38 Judicial personnel shall, during investigation or trial, pay attention to the protection of the privacy of victims and their family members. Courts shall adopt appropriate protective measures regarding personal data sufficient to identify victims and their family members. |
This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.