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《TAIPEI TIMES》Foreigners included in Criminal Compensation law update

Deputy Legislative Speaker Tsai Chi-chang bangs his gavel in the Legislative Yuan in Taipei yesterday to mark the passage of amendments to the Criminal Compensation Act.
Photo: Liao Chen-huei, Taipei Times

Deputy Legislative Speaker Tsai Chi-chang bangs his gavel in the Legislative Yuan in Taipei yesterday to mark the passage of amendments to the Criminal Compensation Act. Photo: Liao Chen-huei, Taipei Times

2023/12/06 03:00

FAIR TREATMENT: In addition to removing a citizenship clause to be compensated for wrongful detention, the act no longer stipulates a two-year limit for filing a claim

By Hsieh Chun-lin and Jake Chung / Staff reporter, with staff writer

The Legislative Yuan yesterday passed amendments to the Criminal Compensation Act (刑事補償法), removing or changing phrasing of articles to promote the fair treatment of noncitizens.

Under the current wording of the act, only those with Republic of China citizenship can request compensation for being inappropriately detained, while foreigners must be from a signatory of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights to do so.

The Judicial Yuan said the law should be updated to ensure that everyone would receive fair and reasonable treatment in Taiwan.

Under the amendments, the daily rate of compensation for being inappropriately detained would be NT$3,000 to NT$5,000.

The amendments also changed the wording regarding filing for a claim, which currently states that a claimant must seek compensation within two years of the dismissal, withdrawal or verdict in a case. The new wording states that they can seek compensation from the date of learning of the outcome of their case.

That change was made to uphold the rights of those traveling, detained, or who would not know or receive notification of the outcome of their ruling in a timely manner, the amendment says.

A person who is believed to have induced criminal suspicion to mislead investigators, gave false testimony, forged or hid evidence, or colluded with conspirators or witnesses to mislead an investigation would not be eligible for compensation under the changes.

The amendments would also increase criminal compensation rates to 1.5 times to double the fines paid by the claimant, with interest to be increased to 2 percent from 1 percent.

The Judicial Yuan must investigate, research and analyze reasons for erroneous verdicts in criminal cases to help restore public faith in the judicial system, the amendments add.

新聞來源:TAIPEI TIMES

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