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Teacher Hung, Wen-Ling accepted The News Lens interview
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2023/7/19
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Teacher Hung, Wen-Ling accepted The News Lens interview on July 19, 2023: The first "Crime Victim Protection Order" was issued by the Beijing Procuratorate, and the key points of the new law " Crime Victim Rights Protection Act "
2023/07/19
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The government grants and manpower available to crime protection organizations are very scarce. One commissioner has to be responsible for hundreds of cases, and the leaders of many branches even have to pay out of their own pockets and raise funds to find additional talents. After the new law raises the level to the Executive Yuan, the Criminal Insurance Association is expected to obtain more funds and manpower, and the Executive Yuan will be able to better integrate cross-departmental cooperation and promote criminal insurance services and education.
Based on reports from Liberty Times, NOW news, and Lianhe News, the Legislative Yuan passed the "Crime Victim Rights Protection Act" in January this year (2023). A new chapter was added to the Victim Protection Order, prohibiting defendants from intimidating and flirting with crime victims or their family members. After hitting the road on July 1, the Taipei District Prosecutor's Office issued the first criminal victim protection order in Beijing for a case of a man molesting a family member and obstructing autonomy.
The Taiwan Taipei District Prosecutors Office recently pointed out that a man was suspected of committing a crime of obstructing sexual autonomy in the family. Prosecutors summoned the man to appear in court, but he failed to show up, so he was eventually wanted and forced to stand trial.
After the interrogation by the Taiwan Taipei District Prosecutors Office, a crime victim protection order numbered "112 Annual Criminal Protection Order No. 1" was issued in accordance with the "Law on Protection of the Rights and Interests of Victims of Crime". Under the protective order, the accused man is prohibited from physically endangering the victim and refraining from intimidating or harassing him. This is the first crime victim protection order issued by the Taiwan Taipei District Prosecutors Office.
In addition to the Taiwan Taipei District Prosecutors Office, the Taiwan Shilin District Prosecutors Office also recently issued the first crime victim protection order for a case of digital sexual violence.
On July 14, prosecutor LIN,SSU-YIN of the Taiwan Shilin District Prosecutors Office discovered in the course of handling the case that the defendant was suspected of intimidating the victim with sexual images. Therefore, she directed the Tamsui Bureau of the New Taipei City Police Department to search for evidence, and applied for a search warrant to the Shilin District Court. After obtaining approval, the search operation was carried out on the same day.
During the search, the police seized the defendant's mobile phone, computer and other storage devices. Prosecutors then issued the first "112 Years Gu Bao Ling Zi No. 1" crime victim protection order ex officio, prohibiting the defendant from distributing, reproducing, or making available the victim's sexual images in other ways.
According to the "NOW news" report, Minister of Justice TSAI,CHING-HSIANG said before the "Crime Victims Protection Order" was launched on June 30 that the new law is the first in the domestic criminal legal system in this chapter, and actively deals with emerging issues of digital sexual violence. It is hoped that it can strengthen online cooperation and provide victims with comprehensive resources and assistance.
The key points of the revision of the "Law on the Protection of the Rights and Interests of Crime Victims"
The newly revised Law on the Protection of the Rights and Interests of Crime Victims has a total of 103 articles. Among them, Chapter 1 General Provisions, Chapter 4 Restorative Judiciary and Chapter 7 Supplementary Provisions have been implemented since the date of announcement on January 7 this year. Chapter 2 Protection Services for Victims of Crime, Chapter 3 Protection Orders for Victims of Crime, and Chapter 5 Compensation for Victims of Crime officially launched on July 1. The Protection Agency of Chapter VI, the Executive Yuan is scheduled to come into effect on January 1, 2024.
The "Law on the Protection of the Rights and Interests of Crime Victims" expands the service targets of the criminal insurance system, expands the scope of application for serious injuries, elevates the supervisory unit from the Ministry of Justice to the Executive Yuan, sets the compensation for survivors at NT$1.8 million, provides assistance in litigation for victims of crimes, strengthens the protection of the personal safety of victims of crimes, improves the support services for victims of crimes to participate in restorative justice, and expands the linking care and long-term care subsidies for victims of serious injuries.
Hung, Wen-Ling, an assistant professor of the Department of Criminal Justice of Ming Chuan University, who has served in the Crime Victims Protection Association for 20 years, said in an interview with "Key Comment Network" that the key point of this amendment is to upgrade the level of the "Law on the Protection of the Rights and Interests of Crime Victims" to the Executive Yuan.
Hung, Wen-Ling pointed out that the protection of crime victims was originally classified under the Ministry of Justice, and it was impossible to effectively integrate various departments to jointly promote crime protection services. In addition, the government grants and manpower available to criminal protection organizations are very scarce. One commissioner has to be responsible for hundreds of cases, and the leaders of many branches even have to pay out of their own pockets and raise funds to find additional talents.
After the new law raises the level to the Executive Yuan, the Criminal Insurance Association is expected to obtain more funds and manpower, and the Executive Yuan will be able to better integrate cross-departmental cooperation and promote criminal insurance services and education. Hung, Wen-Ling said that although there is no real change yet, she will wait and see.
Regarding compensation for victims, Cai Qingxiang emphasized at the new law publicity event on June 30, "Welcome Xin, Lead Xinsheng", that "compensation for victims of crime" has been fundamentally reversed and the amount of compensation has been greatly increased in response to the current systemic problems.
Comparing the original " Crime Victim Protection Act " with the new "Crime Victims' Rights and Interests Protection Law", in terms of compensation for survivors, the compensation system in the original law is the "subrogation system".
The new law changes the system to a "single quota system". After the court determines that the victim was killed by another person's crime, his family can get 1.8 million yuan, which will be shared by family members.
Hung, Wen-Ling said that the new law hopes that the compensation can be paid to the victims quickly and simply, but she believes that the compensation for survivors in the new law should be set at 2 million.
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