Under the traditional legal system, it has been a long time that crime victim protection lack organized and legalized planning, which leads to endless social problems. Therefore, to emphasize the importance of this issue, “Crime Victim Protection Act” is published by the government on May 27, 1998 as per Presidential Decree, which ensures people’s right and social safety. The “Enforcement Rules of the Crime Victim Protection Act” and the “Donation Rules and Organization System of Crime Victim Protection Act” are also published on Sept 27, 1998 and Jan 21, 1999.
The Association of Victim Support is founded on Jan 29, 1999, and supervised by Ministry of Justice. On April 1, 1999, the Association sets up a total of 21 offices respectively at each District Prosecutor Office nationwide; each office has an executive officer and a certain number of staff in charge of victim protection within its jurisdiction. On Dec 11, 2003, the Association has reformed “offices” into “chapters,” set up committees which recruit public figures to be chairpersons in each chapter, in order to include social resources for promote crime victim protection. On September 1, 2016, in concert with the government establishes Taiwan Ciaotou District Prosecutor Office, the Association also set up the 22th chapter in Ciaotou, providing assistance for people in north Kaohsiung area.
On the basis of the Article 29 of Crime Victim Protection Act, the Association has established and supervised by Ministry of Justice to help crime victims and their family members, who have defined by the Article 1 and 30 from the same act, Ministry of Justice designate, and the Board of Directors council decision, for life-reconstruction. The Association, is a non-profits organization, has funded NTD 40 million by Ministry of Justice.
The Association has subsidized by Ministry of Justice, Ministry of Health and Welfare, personal and social public donation, and convict fines of probation, deferred prosecution, and plea bargain.
Human resource distribution and framework of the Association and each chapter as following:
The Association has formed a Board of Directors (BOD), which is composed of nine to seventeen (9-17) Directors, and a Board of Managing Directors (BOMD), which is composed of seven Managing Directors, these are all non-paid positions. BOD and BOMD are all retained by Ministry of Justice from the officers of its own subordinate authorities, relevant governmental authorities and organizations, and the competent persons enthusiastic in seeking benefits for social public. They serve terms of office for two years and are eligible for renewal. The managing supervisor is served by the comptroller in Department of Accounting from Ministry of Justice. The other two supervisors are retained by Ministry of Justice from the officers of its own subordinate authorities, relevant governmental authorities and organizations, and the competent persons enthusiastic in seeking benefits for social public.
The chairman is served by Xing Tai-Zhao, the chief prosecutor of Taiwan High Prosecutor Office, directs victim protection affairs and representative for the Association. CEO and vice CEO are served by Cheng Shu-Chin and Hsieh Kuang-i separately, who also act as probation officer and clerk in Taiwan High Prosecutor Office. The Association has a supervisor who leads five departments as following: business planning, public relations and promotion, human resource, accounting, and administration; each team has its leader and staff. Besides, several consultants are retained for advancing victim protection affairs.
Each chapter set up its committee and managing committee. These non-paid positions are recruited from public figures who interest in public welfare; they shall serve a tenure of office for 3 years and be eligible for renewal. The honored executive officers in each chapter are served by chief prosecutors of District Prosecutor Offices nationwide. The executive officers in each chapter are served by public figures, from subordinate authorities of Ministry of Justice, relevant governmental authorities and organizations, and competent persons enthusiastic in seeking benefits for social public. The chief clerks of District Prosecutor Offices nationwide serve the executive secretaries in each chapter as by-work. In each chapter, it set up one to two regular executive secretaries or vice regular executive secretaries, several staff, and volunteers to provide service in its jurisdiction.
For solving understaffed in each chapter, the Association keeps recruiting more enthusiastic volunteers to get involved in crime victim protection. By Jun 30, 2021, the total number of volunteers in the Association is 780.
The Association protects survivors, seriously injured, and victims (including juveniles and children) of sexual assault, domestic violence, and human trafficking.
The protection procedures are only valid after the Crime Victim Protection Act has enforced, i.e. October 1, 1998. However, in consideration of the fact that some cases, which has occurred before the valid date of the Act mentioned above, resulting victims in suffering, the Association includes cases which should be limited to the day after October 1, 1993, and applies assistance to those who in need.
- The survivors of victims of criminal acts should be limited to who are dependents of and supported by the deceased victims, and also should be decided by the following preferential orders:
- Parents, spouse and children;
- Grand children;
- Brothers and sisters.
In case any of the persons denoted above has caused, intentionally or by fault, the death of the victim or his/her survivor in a higher or the same preferential order, such person (survivor) shall not be entitled to protection.
- The term “seriously injured” should refer to functional destruction of sight, hearing, speaking, sense of taste and smell, limbs and genital organs, or other material incurable and hard-to-cure injury to human body or health.
- So called “sexual assault victims” should refer to the Articles of Criminal Law as 221, 222, 224, 224-1, 228, and the Child and Youth Sexual Exploitation Prevention Act as 24, 25, 26, and 27.
- Other regulations should follow the Crime Victim Protection Act.
- Offenses, such as fraud, breach of trust, injury, and larceny, are not entitled to protection.
According to the Article 30 of Crime Victim Protection Act, the Association shall carry out the following activities:
- Help crime victims secure emergent physical and mental treatment and a place to stay.
- Assist crime victims in the course of the judicial investigation or trial, and after the conclusion of the trial.
- Assist crime victims in applying for compensation, social relief/aid and in making civil claims.
- Assist crime victims in investigating the property of the persons committing the criminal acts at issue and the property of the persons liable for indemnification for the damage arising from such criminal acts.
- Assist with the protection of crime victims.
- Assist crime victims in obtaining medical treatment to treat their physical and mental injuries, rehabilitation and returning to their normal lives, and occupational trainings.
- Advocate the protection of crime victims.
- Provide other assistance.
Contacts of Offices