Laws Information

法規資訊
Title: Enforcement Rules for the Crime Victim Protection Act
Am Date: 2013-11-20
Legislative History: Amendment to Articles 3, 8 and 12 promulgated by the Ministry of Justice order no. Fa-Lin-Zhi-Di 10205516380 on November 20, 2013; Article 18-1 and Article 20-1 added and promulgated.

Transaction

Amendment

Article 18-1
An application for pecuniary aid referred to the Article 34-5 of the Act shall be filed in writing together with the following information to the Review Committee where the victim’s family registration is located, and shall bear the signature or seal of the applicant or his/her agent:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. The qualifications, facts and reasons for the application.
3. The relationship between the applicant and the victim.
4. The number of family member of a deceased victim in the same sequence who has prior entitlement to apply for pecuniary aid.
5. The situation of having received compensation of damage or having paid by liable persons or by crime victims compensation funds in the foreign regime.
6. The Crime Victims Compensation Review Committee.
7. The date of application.
If an application is not filed according to the due procedure or not all the required information is enclosed with the application, the Review Committee shall order the applicant to correct or submit the application with all the required information within a certain period. Where the application is not corrected within the time limit specified or cannot be corrected, the Review Committee shall render a decision to dismiss the application.

Article 20-1
The term "certain amounts" referred to the Subparagraph 3, Paragraph 3, Article 29 of the Act shall be calculated by the Ministry of Justice in accordance with the funding needs of crime victims’ protection institutions in the next year and the amounts stipulated in other regulations under Paragraph 3, Article 29; the amounts of reimbursement shall be deposited in the account for the crime victims’ protection institutions by the designated district court or its branch court prosecutors’ office.
Article 3
The appropriation from the labor wages for prisoners who participate in workshops referred to the Subparagraph 2, Paragraph 2, Article 4 of the Act shall be deducted in accordance with Article 17 of the Detention Act, Article 33 of the Prison Act, Article 23 of the Prison Camp Act, and Article 57-1 of the Rehabilitative Disposition Execution Act.
The proceeds of criminal ventures or the proceeds derived from legally selling the confiscated property of criminals referred to in Subparagraph 3, Paragraph 2, Article 4 of the Act shall all be deposited in the account for the crime victims’ compensation fund by the competent district court or its branch court prosecutors’ office stipulated in Article 21.
The proceeds of criminal ventures mentioned above are referred to the proceeds of criminal activity stipulated in Subparagraph 1, Article 3 of the Act.
The term "certain amounts" referred to in Subparagraph 4, Paragraph 2, Article 4 of the Act shall be calculated by the Ministry of Justice in accordance with the funding needs of crime victims’ compensation in the next year and the amounts stipulated in other regulations under Paragraph 2, Article 4; the amounts of reimbursement shall all be deposited in the account for the crime victims’ compensation fund by the designated district court or its branch court prosecutors’ office stipulated in Article 21.
The term "other proceeds" referred to the Subparagraph 5, Paragraph 2, Article 4 of the Act shall include the amounts otherwise appropriated in accordance with the law and donations from individuals or organizations.

Article 8
The pecuniary benefits claimable under any other law for the person suffered from a criminal act referred to Article 11 of the Act mean the indemnities or subsidies claimable under the State Compensation Law or any other acts.

Article 12
An application for crime victim compensation referred to the Paragraph 1, Article 15 of the Act shall be filed in writing together with the following information to the Crime Victims Compensation Review Committee (hereinafter referred to as the "Review Committee") having jurisdiction where the crime was committed, and shall bear the signature or seal of the applicant or his/her agent:
1. The name, gender, date of birth, national identification number, occupation, and domicile or residence of the applicant; and the name, gender, date of birth, national identification number, occupation, and domicile or residence or business office of his/her agent, where applicable.
2. The type and the amount of compensation, and the damage being compensated for; the amount of compensation claimed by each applicant if there are multiple applicants.
3. The facts and reasons for the application.
4. The relationship between the applicant and the victim.
5. The method of compensation.
6. Received Compulsory Automobiles Liability Insurance benefits or pecuniary benefits claimable for compensation under any other law as a result of a criminal act.
7. The Crime Victims Compensation Review Committee.
8. The date of application.
If an application is not filed according to the due procedure or not all the required information is enclosed with the application, the Review Committee shall order the applicant to correct or submit the application with all the required information within a certain period. Where the application is not corrected within the time limit specified or cannot be corrected, the Review Committee shall render a decision to dismiss the application.