Comparison Table of CSOs' Proposed Provisions for the Crime Victim Rights Protection Act

Article 101

Cases applying for crime victim compensation under the provisions prior to the amendment of Chapter 5 of this Act on ○ Month ○ Day, 2011 [Republic of China], shall still be claimed in accordance with the provisions prior to the amendment after the implementation of the amendment.
Where a decision ordering the return of crime victim compensation has been made pursuant to Subparagraph 1, Paragraph 1 of Article 13 prior to the amendment of this Act on ○ Month ○ Day, 2011 [Republic of China], or pursuant to Subparagraph 2, Paragraph 1 of Article 13 prior to the amendment due to a final judgment of acquittal for a criminal act, no request for return may be made to the crime victim; if the crime victim has already returned the compensation, they may, within one year after the implementation of this Act's amendment, apply in writing with stated reasons to the Review Board for reconsideration.

Article 101

Cases applying for crime victim compensation under the provisions prior to the amendment of Chapter 5 of this Act on ○ Month ○ Day, 2011 [Republic of China], shall still be claimed in accordance with the provisions prior to the amendment after the implementation of the amendment.

1. Paragraph 2 is added. The nature of compensation under the original Crime Victim Protection Act was that of state subrogation, whereas the new Act shifts to the doctrine of state responsibility. To conform with legislative style, provisions related to the right to claim state compensation are deleted (refer to the grounds for amendment of Article 60 of the Executive Yuan's version).
2. Furthermore, because the compensation under the original Crime Victim Protection Act was subrogated by the state, victims faced the predicament of the state reclaiming compensation in cases where criminal acts resulted in an acquittal—amounting to secondary harm inflicted upon victims by the system. In line with the new Act's redefinition of the nature of compensation as the doctrine of state responsibility, it is explicitly stipulated that after the passage of the new Act, victims shall not be requested to return compensation in cases where criminal acts under the original Crime Victim Protection Act were determined by the court to be acquitted. Enforcement measures for related claims for return shall also be terminated; hence the former segment of the provision.
3. Referring further to the grounds for amendment of Article 60 of the Executive Yuan's version, cases meeting the circumstances of this Article numbered three in 2018 and six in 2019, indicating the caseload is not massive. To fulfill the intent of the state in safeguarding the rights and interests of crime victims, and to rectify past situations in operational practice where the protection of crime victims' rights was incomplete, it is specifically prescribed that those who have already had compensation reclaimed from them may, upon meeting the conditions of this Article, apply in writing with stated reasons to the Review Board for reconsideration within one year after the implementation of this Act's amendment to seek relief; hence the latter segment of the provision.
4. Moreover, since this provision falls under Chapter 7 (Supplementary Provisions), it shall enter into force from the date of promulgation of this Act and shall not be affected by the separate provisions on the implementation date for Chapter 5 concerning crime victim compensation; this is hereby clarified.

1. The competent authority and the Judicial Yuan shall annually compile budgets to subsidize the Foundation based on its operational needs and development.
2. Other sources of funding for the Foundation are as follows:
   1. Subsidies from municipal and county (city) governments.
   2. Portions of funds allocated by courts and prosecutors offices from forfeited and confiscated property, including fines for deferred prosecution, plea-bargaining fines, probation judgment fines, and proceeds from the realization of confiscated items.
   3. Interest accrued from the fund.

1. The sources of funding for the protection institution are as follows:
   1. Budgets compiled by the competent authority.
   2. Probation disposition fines.
   3. Deferred prosecution disposition fines.
   4. Plea-bargaining fines.
   5. Donations from groups or individuals.
   6. Other revenues.

1. When granting the cessation of detention to a defendant in a case of intentional criminal conduct resulting in death, severe injury, or infringement upon sexual autonomy, the court may, upon balancing the protection of human rights and the maintenance of public interest and deeming it necessary, ex officio or upon the prosecutor's application, prescribe a reasonable period of up to two years ordering the defendant to observe the following matters:
   1. Prohibition of inflicting harm upon the body or property of the crime victim or their family members.
   2. Prohibition of intimidation, harassment, contact, or stalking directed at the crime victim or their family members.
   3. Prohibition of approaching within a specific distance of the residence, school, workplace, or other specific locations frequently visited by the crime victim or their family members without justifiable reason.
   4. Prohibition of other matters endangering the crime victim or their family members.

2. The provisions of the preceding paragraph may be modified, extended, or revoked upon application or ex officio. Each extension period shall be one year or less.

3. Any violation of the matters to be observed prescribed by the court pursuant to Paragraph 1 may be subject to immediate apprehension.

4. After the cessation of detention, if the defendant violates any of the matters to be observed prescribed by the court pursuant to Paragraph 1, re-execution of detention may be ordered.

5. The court may, in cases involving crimes under Chapter 28-1 of the Criminal Code, upon balancing the protection of human rights and the maintenance of public interest and deeming it necessary, ex officio or upon the prosecutor's application, prescribe a reasonable period of up to two years ordering the defendant to observe or execute the following matters:
   1. The matters in Subparagraphs 1 to 3 of Paragraph 1.
   2. Prohibition of reproducing, distributing, broadcasting, delivering, publicly displaying, or otherwise providing others with the opportunity to view the victim's sexual images.
   3. Delivering the victim's sexual images in possession to the victim.
   4. Deleting the victim's sexual images in possession.
   5. Removing or applying to internet platform providers, internet application service providers, and telecommunications enterprises to delete the victim's sexual images leaked by the opposing party.

6. Procedures concerning the application and issuance of protection orders shall mutatis mutandis apply the provisions of this Chapter.

1. When granting the cessation of detention to a defendant in a case of intentional criminal conduct resulting in death, severe injury, or infringement upon sexual autonomy, the court may, upon balancing the protection of human rights and the maintenance of public interest and deeming it necessary, ex officio or upon the prosecutor's application, prescribe a reasonable period of up to two years ordering the defendant to observe the following matters:
   1. Prohibition of inflicting harm upon the body or property of the crime victim or their family members.
   2. Prohibition of intimidation, harassment, contact, or stalking directed at the crime victim or their family members.
   3. Prohibition of approaching within a specific distance of the residence, school, workplace, or other specific locations frequently visited by the crime victim or their family members without justifiable reason.
   4. Prohibition of other matters endangering the crime victim or their family members.
2. The provisions of the preceding paragraph may be modified, extended, or revoked upon application or ex officio. Each extension period shall be one year or less.
3. Any violation of the matters to be observed prescribed by the court pursuant to Paragraph 1 may be subject to immediate apprehension.
4. After the cessation of detention, if the defendant violates any of the matters to be observed prescribed by the court pursuant to Paragraph 1, re-execution of detention may be ordered.
5. Cases involving crimes under Chapter 28-1 of the Criminal Code shall mutatis mutandis apply the provisions of this Chapter.

1. Correctional institutions shall notify the victim or their family members, the police authorities at the place of their residence, and the local branch of the Foundation regarding offenders who have committed crimes under Subparagraph 1, Paragraph 1 of Article 3 with a minimum statutory penalty of three years or more, specifying the scheduled date of release from prison. However, this shall not apply where the whereabouts of the victim or their family members are unknown or notification is manifestly difficult.
2. If an offender escapes, correctional institutions shall immediately make the notification referred to in the preceding paragraph.
3. The provisions of the preceding two paragraphs shall not apply to juvenile criminal cases.

1. Police personnel and judicial personnel who, in the performance of their duties, become aware of someone suspected of being a victim of criminal behavior as referred to in this Act resulting in death or severe trauma shall immediately report to the local branch, no later than twenty-four hours.
2. The contents of the foregoing report, the name, residence, and other information sufficient to identify the identity of the reporter shall be kept confidential, except where otherwise provided by law.
3. Upon learning of or receiving the report referred to in Paragraph 1, the branch shall handle it immediately, and local competent authorities shall provide necessary assistance.
4. The reporting procedures and graded/classified processing measures referred to in Paragraph 1 shall be prescribed by the central competent authority.

1. Police authorities shall, upon learning of the occurrence of a case, provide the crime victim or their family members with emergency rescue, personal safety, care services, and necessary assistance, and report or refer them to relevant authorities or branches for assistance.

1. The categories of crime victim compensation and recipients of payment are as follows:
   1. Bereaved family compensation: Paid to surviving family members of those who died as a victim of criminal behavior.
   2. Severe trauma compensation: Paid to victims of criminal behavior whose assessed condition reaches severe trauma.
   3. Sexual assault compensation: Paid to victims of sexual assault criminal behavior.
2. The compensation referred to in the preceding paragraph shall be paid in a lump sum; however, payment by installments may be made upon the applicant's application.

1. The items of compensation are as follows:
   1. Medical benefits.
   2. Severe trauma benefits.
   3. Disability benefits.
   4. Death benefits.
   5. Mental distress solatium.
   6. Periodic payments for maintaining livelihood.
2. Standards concerning 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 be reported to the competent authority for approval and adjustment according to the needs of changing circumstances.

1. The amounts of various types of crime victim compensation are as follows:
   1. Bereaved family compensation: NT$1.2 million.
   2. Severe injury compensation: NT$400,000 to NT$1.2 million.
   3. Sexual assault compensation: NT$100,000 to NT$400,000.
   4. Overseas compensation: NT$200,000.
2. The competent authority may, in view of the needs of changing circumstances or actual social and economic conditions, report the amounts prescribed in the preceding subparagraphs to the Executive Yuan for approval and adjustment.

1. Prosecutors offices or courts shall, upon the application of the crime victim or their family members, proactively and regularly inform them of the case progress.
2. The application referred to in the preceding paragraph may be assisted by the protection institution and branches.

1. Prosecutors offices or courts may, upon the application of the crime victim or their family members, provide case progress inquiry services.
2. The application referred to in the preceding paragraph or inquiries into other case progress may be assisted by the protection institution and branches.

1. When reporting criminal cases or producing related programs, the media shall pay attention to the reputation and privacy of the victim or their family members.
2. If the victim or their family members consider a media report to be erroneous, they may, personally or by entrusting the Foundation, request a correction within fifteen days from the date the report is broadcast or published. The media shall, within fifteen days of receiving the request, make a correction in the original program where the report was broadcast, in a program of the same time slot, or in the same publication and page where the report was published. If the media considers the report to be accurate, they shall reply in writing to the victim or their family members with reasons.
3. Advertisements, publications, broadcasts, television, electronic signals, the internet, or other media shall not report or record the name, date of birth, residence, or other information sufficient to identify the identity of the crime victim. However, this shall not apply under any of the following circumstances:
   1. With the consent of the victim.
   2. Where the victim lacks or has limited capacity to act, with the consent of the individual and their statutory agent.
   3. Where the victim has passed away, with the consent of their family members.
   4. Where criminal investigation or judicial authorities deem it necessary according to law.
4. The respective target-enterprise competent authority that learns of a violation of the provisions of the preceding paragraph may impose an administrative fine of not less than NT$60,000 and not more than NT$600,000, and may take other necessary dispositions.
5. The provisions of the preceding paragraph shall not apply to judicial competent authorities.

1. Propaganda materials, publications, broadcasts, 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 identity. However, this shall not apply under any of the following circumstances:
   1. With the consent of the individual.
   2. Prosecutors or courts deeming it necessary according to law.
   3. The competent authority or target-enterprise competent authority weighing social public welfare and deeming it necessary to report.
2. If a crime victim or their family members consider a broadcast or television enterprise's report to be erroneous or to involve circumstances that must not be reported or recorded as referred to in the preceding paragraph, they may request a correction or other necessary dispositions within twenty days from the date the report is broadcast or published.
3. If a crime victim or their family members consider a report by propaganda materials, publications, internet content providers, or other media operators to be erroneous or to involve circumstances that must not be reported or recorded as referred to in Paragraph 1, they may request a correction, removal, taking down, or other necessary dispositions within twenty days from the date the report is broadcast or published.
4. Media operators shall, within ten days of receiving the request, make a correction, removal, taking down, or other necessary disposition in the original program where the report was broadcast, in a program of the same time slot, or in the same publication and page where the report was published. If media operators consider that the report is not erroneous or does not involve the circumstances of Paragraph 1, they shall reply in writing to the crime victim or their family members with reasons.
5. Requests under Paragraphs 2 and 3 may request assistance from competent authorities, target-enterprise competent authorities, protection institutions, or branches.
6. Where crime victims or their family members suffer damage due to media reports, the media along with their responsible persons and relevant personnel shall bear civil, criminal, and administrative liabilities in accordance with relevant legal provisions.

1. Police administration competent authorities shall set up a certain number of crime victim protection officers in each police precinct (including branch precincts).
2. Crime victim protection officers shall assist crime victims and their family members with emergency rescue, personal safety, and network communication, and immediately inform them of the rights they may exercise, relief pathways, service measures, and other necessary matters.
3. Measures concerning the appointment and duties of crime victim protection officers shall be prescribed by the Executive Yuan jointly with the Examination Yuan.
4. Protection measures for victims, matters to be informed regarding rights, and methods referred to in Paragraph 2 shall be prescribed by administrative orders by the police administration competent authority jointly with the competent authority.

1. Police administration competent authorities shall conduct pre-service education and in-service education on trauma-informed approaches and crime victim rights protection for police personnel.
2. The Judicial Yuan and judicial competent authorities shall conduct pre-service education and in-service education on trauma-informed approaches, restorative justice, and crime victim rights protection for judicial personnel.
3. Health competent authorities shall conduct pre-service education and in-service education on trauma-informed approaches and crime victim rights protection for medical and nursing personnel, social work personnel, and administrative personnel.
4. Education competent authorities shall conduct in-service education and school education on trauma-informed approaches and campus restorative justice for school counseling personnel, administrative personnel, teachers, and students.
5. The authorities referred to in the preceding four paragraphs shall consult the opinions of the Foundation before conducting pre-service education, in-service education, and school education, and may request the Foundation to assist in conducting them.

1. Each target-enterprise competent authority shall station or designate specialized personnel to handle work such as crime victim rights protection, protective services, related case referrals, and business communication, and provide necessary assistance according to the needs of crime victims and their family members.
2. Relevant organs (institutions) or organizations engaged in crime victim protection work, such as judicial, police, correctional, medical, education, psychological, and social work institutions, shall incorporate courses related to crime victim rights protection and protective service measures and regulations into routine education and training.

The Executive Yuan's version only stipulates that each target-enterprise competent authority may set up or designate specialized personnel responsible for protective service business communication, but does not regulate the qualifications and selection methods of such personnel. Therefore, in accordance with the resolution of the National Judicial Reform Conference Resolution No. 2-2-1, crime victim protection officers are set up within police authorities to ensure more complete protection of crime victims' rights and interests.

Additionally, the Executive Yuan's version only stipulates that victim rights protection measures should be incorporated into education and training; however, to ensure empathy during the service process and avoid secondary harm to victims, trauma-informed related courses should be incorporated.

1. The competent authority and the Judicial Yuan shall annually compile budgets to subsidize the Foundation based on its operational needs and development.
2. Other sources of funding for the Foundation are as follows:
   1. Subsidies from municipal and county (city) governments.
   2. Portions of funds allocated by courts and prosecutors offices from forfeited and confiscated property, including deferred prosecution fines, plea-bargaining fines, probation judgment fines, and proceeds from the realization of confiscated items.
   3. Interest accrued from the fund.

1. Crime victim compensation shall be disbursed by local prosecutors offices or their branch prosecutors offices; the sources of required funding are as follows:
   1. Budgets compiled by the competent authority.
   2. Labor earnings from correctional institution operations.
   3. Confiscated criminal proceeds.
   4. Probation disposition fines.
   5. Deferred prosecution disposition fines.
   6. Plea-bargaining fines.
   7. Donations from groups or individuals.
   8. Other revenues.