Bill Provisions | JRF Version of the Amendment to Article 40-2 of the Criminal Compensation Act

Article 40-2

I Before the enforcement of the provisions amended on [Month, Day, Year] of the Republic of China, where the agency handling compensation cases has determined the compensation amount pursuant to Article 7, a renewed claim for compensation may be filed.

II A person applying for compensation pursuant to the preceding paragraph shall do so within two years from the date of enforcement of the provisions amended on [Month, Day, Year] of the Republic of China.

1. In response to the deletion of Article 7 in this amendment, and to thoroughly review past instances where compensation amounts in criminal compensation cases may have been unreasonably reduced, this article is added.

2. A search of criminal compensation judgments rendered between September 1, 2011, and November 20, 2023, revealed that there were only 281 cases where compensation was reduced to NT$3,000 or less, distributed across courts island-wide. Furthermore, paragraph 2 stipulates that victims must make their claims within two years of enforcement. Providing victims with another opportunity to claim compensation will not impose an excessive burden on the judiciary, while effectively realizing the positive intent of this legislative reform.