The Protection Business for Victims of criminal
- Publication Date:
- Last updated:2023-06-15
- View count:2241
I.History
At present, our criminal case policy values much on the protection work on the victim of criminal, thus set up the "Act Governing Protection of Victims of Crimes," officially promulgated under the President order on May 27 1998 and took effect on Oct.1 1998. The "Enforcement Rules of the Act Governing Protection of Victims of Crimes" and the "Articles of Victims of Criminal Protection Association Donation and Organization" were also promulgated by the Ministry of Justice on Sep 20, 1998 and Jan. 21,1999 respectively. According to the rule 29 of the protection law for the victims of criminal, the association was established on Jan 29,1999 by the Ministry of Justice and the Ministry of Interior Affairs, also registered as a legal unit at Taiwan Taipei District Court, under the guidance and supervision of the Ministry of Justice to be in charge of the protection work for the family member of victim of criminal behavior or critically injured victim in Taiwan Province, Fukien, Kingmen and Lien Jian areas.
II.Principle
The association based on the helping each other spirit, to assist those victim family suffered by other people's criminal behavior to solve their problems, relieve pain, rebuild lives, so as to maintain the peace of society.
III.Organization
◎ Honor director
Branch association sets one honor director, without payment, assigned the job to each district court inspect division chief prosecutor, serve three years as a term. Our branch association honor director has assigned to ChiaYi District Court chief prosecutor Sung, Kuo-Ye.
◎ Committee and Standing Committee
The branch association committee has 13 members, all unpaid: one director serves as the chair at a term of three years, which currently served by Mr. Pan, Hai-Chin. The branch committee can set up a standing committee. Three standing members are elected by fellow members. The director is appointed and in charge of branch association affairs.
◎ Working Staff
The branch association staff: executive secretary, accountant, general secretary, all part-time. Now full-time working staff jointly assist the branch association in development of protection for victims of crime.
◎ Protection Volunteers
The branch association in the third year has selected 28 protection volunteers for victims of crime to assist the branch association in proceeding the protection work such as interview and comfort the victim cases within the district area.
IV.Protection Subject
◎ Severe injury to victim of criminal behavior
According to Article 10 Paragraph 4 of the Criminal Code, serious injury means destroying the ability of vision, hearing, speaking, tasting, smelling, or function of limbs, reproductive organs and other serious injury on body or health which is incurred or not easy to recover.
◎The family of dead victim of criminal behavior.The order is as follow:
(1)Parents, spouse and children.
(2)Grandparents.
(3)Grandchildren.
(4)Siblings.
◎In paragraphs 2-4 of previous item, the survivors are limited to dependents of the victim.
◎Person in Paragraph 2, if deliberately or by false causing death of victim or survivors is not protected.
V.Protection items
(1)Accommodation:
Those who suffer attack or major accident, creating homelessness warranting accommodation and assistance in finding housing, (e.g. provided by government, social welfare institutes or other appropriate places).
(2)Medical services:
Treatment of injury perpetrated by other persons' criminal acts. Assistance in recovery and/or rehabilitation can be provided by public or private medical facilities.
(3)Legal assistance:
Supply protection to victims of criminal acts and/or demanding compensation in civil cases.
(4)Application for Compensation:
To assist protected person to apply the victim compensation, temporary compensation and related manners from district court and its branch prosecutor office.
(5)Social assistance:
The protected person can apply for financial aids from the government organization or the social welfare organization, if the person is in poor financial circumstances.
(6)Investigate and help:
In order to guarantee the protected person's rights and interests, the protected person can ask for help in the investigation of the criminal or into the responsible person's property.
(7)Personal protection:
The protected persons who worry about persecution can ask for the proper protective measures
(8)Psychological consultation:
Help the protected persons who suffer from psychological trauma because of the criminal offence case, can ask for psychological treatment.
(9)Life rebuilding:
Help the protected people to re-build their life by giving occupation counseling, skill training, career planning and psychological consultation, information, providing resources, etc.
(10)Trust management:
If the protected people are minors and not suitable to manage their compensation money themselves, trust management is needed before they reach maturity. Living expenses can be given monthly in order to ensure the protected people's rights and interests.
(11)Emergency support:
The protected people fall into this predicament because of the criminal offence case. The emergency assistant can offer help.
(12)Submission guarantee:
The protected people prosecute and ask for the compensation items of the protection law 9th item 1 from the inflictor, but cannot afford the custody deposit and nonapparent to win a lawsuit can provide the warranty to replace of it .
(13)Visiting and comforting:
By visiting and giving sympathy to understand the protected people's predicament, and offer assistance.
IV.Branch address book:
Address::2nd Floor,No.286, Linsen E. Rd., East District, Chiayi City 60072
Tel.: 05-2713509 fax: 05-2713938
E-mail: cvpa10@mail.moj.gov.tw