Taiwan Association for Victim Rights' Opinions on the Amendments to Articles 63 and 101-1 of the Crime Victim Rights Protection Act (Including Comparison with the Ministry of Justice's Draft)
Last edited: 2026-08-26
Text on a yellow background indicates differences between our Alliance's proposed provisions and the Ministry of Justice's advance notice draft.
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| Alliance's Proposed Provisions Ministry of Justice's Advance Notice Draft Current Provisions Explanatory Notes on the Alliance's Proposed Provisions | |||
|---|---|---|---|
| Article 63 I The right to claim crime victim compensation shall be extinguished if not exercised within five years from the time the claimant knows of the crime victim, or within ten years from the occurrence of the crime victim. However, if the victim was a minor at the time of the crime, the claim may still be made within five years after reaching majority. II In the circumstances of the preceding paragraph, where serious injury is caused by the criminal act, the right to claim shall be extinguished if not exercised within five years from the time of knowing about the serious injury. [Option A] III Where a claimant, within one year prior to the completion of the limitation period in the preceding two paragraphs, or within one year prior to the date of their first statement of the facts of the crime victim to prosecutorial or judicial police authorities, has encountered one of the following impediments and thereby failed to submit an application, the claim may be made within one year from the date of their first statement of the facts of the crime victim to prosecutorial or judicial police authorities: 1. Living together, supervision, guardianship, assistance, or care relationship with the perpetrator. 2. Physical and mental trauma caused by sexual assault crimes. 3. Being subjected to violence, threats, or coercion by the perpetrator or others. [Option B] III Where a claimant has, within one year prior to the completion of the limitation period in the preceding two paragraphs, encountered one of the following impediments and thereby failed to submit an application, the claim may be made within one year from the date of their first statement of the facts of the crime victim to prosecutorial or judicial police authorities: 1. Living together, supervision, guardianship, assistance, or care relationship with the perpetrator. 2. Physical and mental trauma caused by sexual assault crimes. 3. Being subjected to violence, threats, or coercion by the perpetrator or others. IV The claimant shall make a prima facie showing of the grounds set forth in the preceding paragraphs. | Article 63 I The right to claim crime victim compensation shall be extinguished if not exercised within five years from the time the claimant knows of the crime victim, or within ten years from the occurrence of the crime victim. However, if the victim was a minor at the time of the crime, the claim may still be made within five years after reaching majority. II In the circumstances of the preceding paragraph, where serious injury is caused by the criminal act, the right to claim shall be extinguished if not exercised within five years from the time of knowing about the serious injury. III Where a claimant, within one year prior to the completion of the limitation period in the preceding two paragraphs, has encountered one of the following impediments and thereby failed to submit an application, the claim may be made within one year from the date of their first statement of the facts of the crime victim to prosecutorial or judicial police authorities: 1. Living together, supervision, guardianship, assistance, or care relationship with the perpetrator. 2. Physical and mental trauma caused by sexual assault crimes. 3. Being subjected to violence, threats, or coercion by the perpetrator or others. IV The claimant shall make a prima facie showing of the grounds set forth in the preceding paragraph. | Article 63 I The right to claim crime victim compensation shall be extinguished if not exercised within five years from the time the claimant knows of the crime victim, or within ten years from the occurrence of the crime victim. However, if the victim was a minor at the time of the crime, the claim may still be done within five years after reaching majority. II In the circumstances of the preceding paragraph, where serious injury is caused by the criminal act, the right to claim shall be extinguished if not exercised within five years from the time of knowing about the serious injury. | 1. No objection to the amendment of Paragraph 1 or the addition of Paragraph 4. 2. According to the Ministry of Justice's advance notice draft, a claimant must encounter an impediment within one year prior to the completion of the limitation period in order to extend the limitation period of their claim. However, whether a case where a claimant makes a prima facie showing that the impediment continued to occur until their first filing of a complaint meets the aforementioned requirement should, in terms of interpretation, be recognized as satisfying the prima facie requirement of this Article, though divergent interpretations may arise in practical operations. Furthermore, in practice, claimants may encounter difficulties in making a prima facie showing regarding the existence of impediments prior to the completion of the limitation period in the preceding two paragraphs due to the passage of time. Nevertheless, cases where a claimant continuously suffers from impediments up to the date of their first filing of a complaint unquestionably necessitate the protection of their rights in accordance with the legislative intent. To clarify the scope of claimants eligible to apply this Article and to protect the rights and interests of crime victims, it is expressly stipulated that claimants who have encountered impediments "within one year prior to the date of their first statement of the facts of the crime victim to prosecutorial or judicial police authorities" shall also be eligible to have the limitation period for claiming compensation extended. Thus, Option A is proposed for amendment. 3. Regarding the wording of this Article, the requirement of "failing to submit an application" already exists for determination; therefore, when the claimant's impediment existed is immaterial, and focus should instead be placed on whether the existence of such impediment and other circumstances "caused the failure to submit an application." Viewed in this light, the restriction of "within one year prior to the completion of the limitation period in the preceding two paragraphs" is deleted. Thus, Option B is proposed for amendment. |
| (No objection) | Article 100 I Applications for crime victim compensation pursuant to this Act shall be limited to those where the criminal act or the criminal result occurred after the enforcement of this Act on October 1, 1998, of the Republic of China. II Where a criminal act or criminal result occurred prior to the enforcement of the provisions of Chapter 5 as amended on January 7, 2023, of the Republic of China, and an application has been filed but no deliberation decision has yet been made, the matter shall be handled in accordance with the provisions after the amendment and enforcement. However, if the provisions prior to the amendment and enforcement are more favorable to the applicant, the provisions prior to the amendment and enforcement shall govern. | Article 100 III Applications for crime victim compensation pursuant to this Act shall be limited to those where the criminal act or the criminal result occurred after the enforcement of this Act on October 1, 1998, of the Republic of China. IV Where a criminal act or criminal result occurred prior to the enforcement of the provisions of Chapter 5 as amended on January 7, 2023, of the Republic of China, and no deliberation decision has yet been made, the matter shall be handled in accordance with the provisions after the amendment and enforcement. However, if the provisions prior to the amendment and enforcement are more favorable to the applicant, the provisions prior to the amendment and enforcement shall govern. | No objection. |
| Article 100-1 I Where the limitation period for claiming crime victim compensation had already expired prior to the enforcement of the proviso to Paragraph 1 of Article 63 as amended and promulgated on February 8, 2023, of the Republic of China, the claimant may apply the provisions of the proviso to Paragraph 1 and Paragraph 2 of Article 63 after the amended enforcement. However, if on the date of enforcement of the provisions amended on [Month] [Day], [Year], of the Republic of China, the limitation period for the claim has already expired or has less than one year remaining according to the provisions of the proviso to Paragraph 1 or Paragraph 2 of Article 63, the claim may be made within one year from the date of enforcement. II Where the limitation period for claiming crime victim compensation had already expired prior to the enforcement of Paragraph 3 of Article 63 as amended on [Month] [Day], [Year], of the Republic of China, the claimant may apply the provisions of Paragraph 3 of Article 63 after the amended enforcement. However, if on the date of enforcement of the provisions amended on [Month] [Day], [Year], of the Republic of China, the claimant has one of the following circumstances impediment grounds under the items of Paragraph 3 of Article 63, and has stated the facts of the crime victim to prosecutorial or judicial police authorities, the claim may be made within one year from the date of amended enforcement: 1. Having one of the impediment grounds under the items of Paragraph 3 of Article 63 on the date of enforcement of the provisions amended on [Month] [Day], [Year], of the Republic of China. 2. Having one of the impediment grounds under the items of Paragraph 3 of Article 63 prior to the completion of the limitation period in accordance with the provisions prior to the amendment of this Act. III In the circumstances of the preceding two paragraphs, where an application has been rejected by the deliberation committee on the grounds that the limitation period has expired, or has been upheld as rejected upon re-deliberation or administrative litigation on the same grounds, the claim may be made within one year from the date of enforcement of this amendment. | Article 100-1 I Where the limitation period for claiming crime victim compensation had already expired prior to the enforcement of the proviso to Paragraph 1 of Article 63 as amended and promulgated on February 8, 2023, of the Republic of China, the claimant may apply the provisions of the proviso to Paragraph 1 of Article 63 after the amended enforcement. However, if on the date of enforcement of the provisions amended on [Month] [Day], [Year], of the Republic of China, the limitation period for the claim has already expired or has less than one year remaining according to the provisions of the proviso to Paragraph 1 of Article 63, the claim may be made within one year from the date of enforcement. II Where the limitation period for claiming crime victim compensation had already expired prior to the enforcement of Paragraph 3 of Article 63 as amended on [Month] [Day], [Year], of the Republic of China, the claimant may apply the provisions of Paragraph 3 of Article 63 after the amended enforcement. However, if on the date of enforcement of the provisions amended on [Month] [Day], [Year], of the Republic of China, the claimant has one of the impediment grounds under the items of Paragraph 3 of Article 63 and has stated the facts of the crime victim to prosecutorial or judicial police authorities, the claim may be made within one year from the date of amended enforcement. | 1. The Ministry of Justice's advance notice draft adds this provision to retroactively protect the rights and interests of crime victims in all aspects, which this Association highly affirms. Based on the same intent, it is recommended to amend Paragraph 1 so that cases where serious injury results subsequently are also policy-wise recognized as requiring retroactivity. 2. However, regarding when a claimant experienced impediments resulting in the failure to submit an application, thus necessitating retroactive protection of their rights, one must still return to the intent behind the addition of Paragraph 3 of Article 63. For example, if a sexual assault victim previously failed to submit an application in accordance with the pre-amendment limitation provisions due to physical and mental trauma, but their physical and mental condition had already recovered by the time this Act was passed, would they be excluded from the right to claim compensation because they do not meet the requirement of "having an impediment on the date of the new law's enforcement"? Clearly, the above example also represents a victim who should be protected by this legislative amendment, and they should not be excluded simply due to differing recovery conditions of victims; nor should the eligibility for compensation depend on the highly uncertain and accidental date of legal enforcement. To this end, Paragraph 2 is amended so that if a claimant, calculated according to the limitation provisions of the old law period (including the amendment of June 16, 2023, of the Republic of China and provisions prior thereto), had one of the impediment grounds under the items of Paragraph 3 of Article 63 prior to the completion of the limitation period, they may also make a claim. 3. To thoroughly implement the intent of this provision to protect crime victims, where a victim's compensation application was previously rejected due to the expiration of the limitation period, but they meet the circumstances of the preceding two paragraphs, compensation should also be granted. For the sake of clarity, Paragraph 3 is added. | |
| (No objection) | Article 103 I Except for the provisions of Chapters 2, 3, 5, and 6, the enforcement dates of which shall be determined by the Executive Yuan, the remaining provisions shall be enforced from the date of promulgation. II The enforcement date of the provisions amended on [Month] [Day], [Year], of the Republic of China shall be determined by the Executive Yuan. | Article 103 I Except for the provisions of Chapters 2, 3, 5, and 6, the enforcement dates of which shall be determined by the Executive Yuan, the remaining provisions shall be enforced from the date of promulgation. | No objection. |
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