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Civil Society Organizations Petition for the Passage of 3 Concomitant Resolutions to the Criminal Code

Civil Society Organizations Petition for the Passage of 3 Concomitant Resolutions to the Criminal Code

Last edited: 2026-07-27

Joint Organizations

# Concomitant Resolution Supplementary Explanation
1 To strengthen and review the effectiveness of preventing digital sexual violence crimes, regarding crimes under Chapter 28-1 of this Code and crimes involving sexual images under Articles 304, 305, and 346, the Ministry of Justice and the National Police Agency shall, for three consecutive years following the passage and implementation of this Code, submit annual written reports to the Judiciary and Organic Laws and Statutes Committee detailing statistical information on the acceptance, transfer, and conclusion of such cases, the implementation of compulsory measures to prevent the dissemination, broadcasting, or public display of sexual images, as well as the time required from case acceptance to the execution of compulsory measures and the effectiveness thereof.  
2 To ensure a smooth case acceptance workflow, enhance investigative efficacy, and implement victim protection, it is petitioned that the Ministry of Justice, in conjunction with the National Police Agency of the Ministry of the Interior, establish standard operating procedures for case handling concerning offenses of intimidation involving sexually intimate images under Chapter 28-1 and Articles 304, 305, and 346 of the Criminal Code. The report on the "Implementation Effectiveness and Refinement Measures of the Stalking and Harassment Prevention Act" submitted by the National Police Agency this year indicates that there is a practical need to "establish SOPs for digital network cases": "Digital gender-based violence includes: violations of gender privacy, digital sexual exploitation, abuse of images, and various other patterns. Regardless of which of the aforementioned situations occurs, they all share characteristics of high concealment and high dissemination. In handling relevant cases, identifying the perpetrator relies on cooperation with online platforms. Current practices consistently involve issuing official documents to request relevant basic data in order to uncover the data originally established by the perpetrator, the mobile phone data applied for, or network IP addresses, thereby analyzing the suspect's actual registration data for investigation. Therefore, to streamline the case acceptance workflow, enhance investigative efficiency, and implement victim protection, the establishment of SOPs for digital network cases has been initiated." Based on the crimes under Chapter 28-1 of the Criminal Code in this amendment, identical circumstances also apply. To strengthen investigative efficacy, in addition to the aforementioned workflows currently being drafted by the National Police Agency, the Ministry of Justice shall also establish standard operating procedures for case handling to facilitate prosecutors in managing related cases.
3

To align with the amendments to the Criminal Code concerning the prevention of digital sexual violence crimes, and to enable the provisions of the current Code of Criminal Procedure regarding evidence preservation to function accordingly, the Ministry of Justice shall, for three consecutive years following the passage and implementation of this Code, submit annual written reports to the Judiciary and Organic Laws and Statutes Committee of this Yuan regarding the following matters:

  1. Conduct investigative statistics on applications, approvals, and rejections made in practice pursuant to Article 219-1 of the Code of Criminal Procedure.
  2. Formulate internal operational workflows and promote educational training regarding cases where applications are made and Article 219-1 of the Code of Criminal Procedure is applied, concerning offenses of intimidation involving sexually intimate images under Chapter 28-1 and Articles 304, 305, and 346 of the Criminal Code.
  3. Convene relevant agencies, expert scholars, and civil society organizations to conduct discussions on the application of Article 219-1 of the Code of Criminal Procedure and the handling effectiveness of digital sexual violence cases.
  1. During the review on January 5, 2022, the Judicial Yuan stated that current complainants and victims can proactively apply for evidence preservation to protect their rights through the provisions of Article 219-1 of the Code of Criminal Procedure. Subsequently, Chief Convenor Ko Chien-ming also mentioned that this part could be handled through a concomitant resolution. To strengthen the relevant operations concerning evidence preservation under the current Article 219-1 of the Code of Criminal Procedure, this concomitant resolution is hereby proposed.
  2. Under current practice, although Article 219-1 of the Code of Criminal Procedure stipulates that victims may apply to prosecutors or courts for searches and seizures during investigations, such operations are rare in practice, and the proportion of approvals by courts is also low. Given that offenses under Chapter 28-1 of the Criminal Code (violating victims' sexual privacy) or offenses involving intimidation regarding sexually intimate images under Articles 304, 305, and 346 carry a high probability that failing to immediately execute compulsory measures due to the high dissemination of sexual images will lead to an expanded violation of victims' rights, it is all the more evident that victims have the need to apply pursuant to the aforementioned articles to urge public authorities to timely prevent the continuation or expansion of violations.
  3. To ensure that victims can urge public authorities to intervene in a timely manner at the very first instance, preventing the expansion of damages and rights violations, it is hereby petitioned that the Ministry of Justice submit a written report and refine the processing workflows for relevant cases regarding the application of Article 219-1 of the Code of Criminal Procedure to digital sexual violence incidents.

Advocating Organizations

Taipei Women's Rescue Foundation
Judicial Reform Foundation
The Garden of Hope Foundation
Digital Awakening Foundation
Taiwan Wings of Childhood Association
 

This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.

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