2009年12月21日 星期一

Sexual Assault Crime Prevention Act 性侵害犯罪防治法

Sexual Assault Crime Prevention Act ( 2005.02.05 Amended )
性侵害犯罪防治法 (民國 94 年 02 月 05 日 修正)

Article 1
This law is formulated in order to prevent sexual assault and to protect the rights of victims.
第 1 條 為防治性侵害犯罪及保護被害人權益,特制定本法。
Article 2
The Definition of sexual assault crime, refers to the situation where a person breaks Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special laws under the Criminal Code.
An offender, referred to under the Law, is a person who is sentenced as guilty for violating the above Acts. 
第 2 條
Article 3
The authorities concerned under the Law are the Ministry of Interior in Central Government, the City Government in a special municipality or the County (City) Government in a county (city).

第 3 條
: 本法所稱主管機關:在中央為內政部;在直轄市為直轄市政府;在縣 (市) 為縣 (市) 政府。

Article 4
The Ministry of Interior should set up a Committee of Sexual Assault Prevention to undertake the following items:

A. Investigate and draft polices and regulations about sexual assault prevention.
B. Co-ordinate and supervise the implementation of sexual assault prevention.
C. Supervise all levels of government arranging the handling procedures and a prevention and medical treatment network for sexual assault incidents.
D. Direct and promote sexual assault prevention education.
E. Make proposals and arrangements, gather statistics and manage sexual assault incidents.
F. Discuss the problems of sexual assault prevention.
G. Other issues about sexual assault prevention.
第 4 條

Article 5
The head of the Ministry of Interior acts as the director general of its Committee of Sexual Assault Prevention; representatives of private institutions, scholars and experts should occupy at least half of the committee seats.
The Committee of Sexual Assault Prevention should allocate special people and departments to deal with relevant business affairs, and the corresponding regulations are formulated by the relevant central authorities. 
第 5 條

Article 6
Special municipalities and county (city) governments should set up a Sexual Assault Prevention Center, which undertakes the following items:
A. Provide a 24-hour hotline service.
B. Provide victims with a 24-hour emergency rescue.
C. Assist victims by obtaining medical attentions, check ups and evidence.
D. Assist the victim with psychological treatment, counselling, emergency help and legal services. E. Set up special medical teams for dealing with sexual assault incidents with the co-operation of hospitals.
F. The offender's tracking counselling and physical and psychological treatment.
G. Promote sexual assault prevention education, training and advertising.
H. Other relevant issues about sexual assault prevention and protection

The Sexual Assault Prevention Center should be equipped with social workers, police, medical teams and people from other relevant areas. Its organization is arranged by the relevant authorities of the special municipality or of the county (city).
Local governments should take the first two items into budgetary consideration and the central government will meet the difference with a special subsidy.
第 6 條
直轄市、縣 (市) 主管機關應設性侵害防治中心,辦理下列事項:
前項中心應配置社工、警察、醫療及其他相關專業人員;其組織由直轄市、縣 (市) 主管機關定之。

Article 7
In each academic year, students at all levels of middle and primary schools should have four hours or more of courses on sexual assault prevention.
The sexual assault prevention courses should contain:A. The structure and function of the reproductive organs of both sexes.B. Safe sexual behavior and knowledge of self-protection.C. Education in equality of the sexes.D. Building a correct sexual psychology.E. Respect for others' sexual freedom.F. Realization that sexual offences are crimes.G. Dealing with dangers of sexual offensesH. Techniques of sexual offense prevention.I. Other relevant education about sexual offenses.
7 條

Article 8
During the turn of duty, should medical workers, social workers, education workers, nursery workers, police or administrative workers learn of suspicious sexual assault incidents, they must report to the relevant authorities of special municipalities or County (City) within 24 hours. The manner and content of the report is as formulated by the relevant central authorities. 
The content of the report, the name and address of the reporter and any information that is sufficient to identify him/her are confidential unless it is specified otherwise in the Law.

第 8 條
醫事人員、社工人員、教育人員、保育人員、警察人員、勞政人員,於執行職務知有疑似性侵害犯罪情事者,應立即向當地直轄市、縣 (市) 主管機關通報,至遲不得超過二十四小時。通報之方式及內容,由中央主管機關定之。

Article 9
The central authorities should set up a national database of sexual offenders, and it should contain fingerprints and DNA.
The content of the database is confidential and should not be changed unless specified by the Law. The management and usage of the database is formulated by the relevant central authorities. 
第 9 條

Article 10
Hospitals and clinics should not refuse giving medical attentions for no reason and should produce a Medical Certificate of Diagnosis. During the examination, the victim should be accompanied by nursing staff. The privacy of the victim should be protected and the victim should be offered a safe and appropriate environment for the examination.
The format of the Medical Certificate of Diagnosis is decided by the discussion between the central competent Health Authority and relevant authorities.Those who violate this regulation should pay a fine of between ten thousand and fifty thousand NT dollars to relevant health authorities.
第 10 條
Article 11
The victim should agree to be examined while collecting evidence, unless it is specified in the Criminal Law, Military Justice Law or the victim is unconscious or otherwise unable to express him or herself. 
In the case of the victim being incompetent (to manage his or her own property) or younger than twelve years old, permission should be obtained from his or her guardian or legal representative. However if the guardian or legal representative is unclear, difficult to contact, or is suspected of conducting the sexual assault, examination should be carried out to collect evidence.
After collecting evidence, the exhibit should be kept in the exhibit bag. The judiciary and military police should immediately send the exhibit to the National Police Agency at the Ministry of Interior for examination. The result of the exhibit's examination should be filed according to the Law.
If a case of sexual assault crime is only considered for prosecution as an offense instituted only in response to complaint (a legal complaint or a private prosecution has not been proposed yet), the National Police Agency of the Ministry of Interior should send the exhibit to the relevant local authorities of the special municipality or County (City) for safe keeping. In the case of it being impossible to identify a suspect, the exhibit will be destroyed after six months.
第 11 條
性侵害犯罪案件屬告訴乃論者,尚未提出告訴或自訴時,內政部警政署應將證物移送犯罪發生地之直轄市、縣 (市) 主管機關保管,除未能知悉犯罪嫌疑人外,證物保管六個月後得逕行銷毀。

Article 12
Due to work reasons, those who know or have the victim's name, date of birth, address and any other information that is sufficient to identify his or her identity, should keep these details confidential unless specified by the Law.
The published legal documents, produced by the executive, judicial and military authorities, should not reveal the victim's name, date of birth, address or any other information that is sufficient to identify him/her.
第 12 條

Article 13
Advertisements, publications, broadcasting, television, electronic messages, the Internet or any other kinds of media should neither report nor record the victim's name nor any other information which might be sufficient to reveal his or her identity. This regulation does not apply in the case where a victim having behavioral capability gives permission or where the crime investigation authorities consider it to be necessary according to the law.
Those who violate this regulation should be fined by the relevant authorities between six thousand and sixty thousand NT dollars; and objects involved should be confiscated or dealt with accordingly. If behavior is not corrected within the period specified by the formal notice, fines will be imposed for each further violation. In the case where the victim is dead, the fine could be voided after the social benefits are assessed by the relevant authorities.
第 13 條
廣告物、出版品、廣播、電視、電子訊號、電腦網路或其他媒體,不得報導或記載被害人之姓名或其他足資識別被害人身分之資訊。但經有行為能 力之被害人同意或犯罪偵查機關依法認為有必要者,不在此限。
違反前項規定者,由各該目的事業主管機關處新臺幣六萬元以上六十萬元以下罰鍰,並得沒入前項物品或採行其他必要之處置;其經通知限期改正 ,屆期不改正者,得按次連續處罰。但被害人死亡,經目的事業主管機關權衡社會公益,認有報導必要者,不罰。

Article 14
The High Court, the Supreme Prosecutors' Office, the Military Court, the Military Court Prosecutors' Office, the Judiciary, the Military Police Authority and medical institutions should allocate specially trained people to deal with sexual assault incidents.
The medical organizations mentioned above refer to those medical units that are appointed by the central competent Health Authority to deal with sexual assault incidents.
第 14 條

Article 15
The victim's legal representative, spouse, a direct relative or within the third-degree relatives, parents, family members, doctor, psychiatrist, consolation workers or social workers may accompany the victim during the investigation or trial and state their opinions.
The above item does not apply when the person who is responsible for accompanying the victim, is the offender or the suspect in the sexual assault.In the case of the victim being a child or teenager, unless it is obviously unnecessary, the relevant authorities of the special municipality or County (City) should appoint a social worker to keep the victim accompanied and provide opinions.
第 15 條
被害人為兒童或少年時,除顯無必要者外,直轄市、縣 (市) 主管機關應指派社工人員於偵查或審判中陪同在場,並得陳述意見。

Article 16
According to his or her application or rights, the inquiries or questioning of the victim may be carried out outside the court via technology equipment such as audio, video conference or any other suitable means so that the victim is isolated from the defendant or judge.
The judge or court martial chairman should undertake the above isolating-for-questioning approach, when the victim is called to the court to give statement and is unable to speak freely or completely during the face-to-face questioning due to mental disability or physical and psychological injury.The chief judge should also inquire if the defendant or defence barrister is forbidden from questioning the victim inappropriately.
The defendant in a sexual assault crime and his or her defence barrister should not question or raise the sexual experience that victim had other than with the defendant, unless the judge or Military Judge considers it to be necessary.
第 16 條
對被害人之訊問或詰問,得依聲請或依職權在法庭外為之,或利用聲音、 影像傳送之科技設備或其他適當隔離措施,將被害人與被告或法官隔離。

Article 17
Should the victim fall into one of the following categories, the statement which he or she made to the prosecuting officer, judicial police officer or judicial policeman's investigation can be used as evidence if it is proved to be true and if it essential to decide the committal of the crime:
A. The victim is unable to make a statement due to physical or psychological injury resulting from the sexual assault incident.
B. The victim is present at the trial but is unable to or refuses to make a statement due to physical or psychological pressure.

(note: B款 刪除: "caused by the inquiries or cross-examination."會較清楚 )
第 17 條

Article 18
Trials of sexual assault crimes are not open to public, unless they fall into one of the following categories and are considered suitable by the judge or military judge:
A. Agreement of the victim.
B. In the case of the victim having no or limited behaviour capability, agreement should be made with both the victim and his or her legal representative.
第 18 條
二、被害人為無行為能力或限制行為能力者,經本人及其法定代理人同意 。

Article 19
According to his or her application, the special municipality or county (city) government should provide the victim the following allowance:A. Medical costs that are outside the scope of National Health Insurance and fees for psychological recovery.B. Legal cost and lawyer's fees.C. Other fees.
Aspects such as the allowance's eligibility, condition and amount are decided by the authorities of the special municipality or county (city) government.
第 19 條
直轄市、縣 (市) 主管機關得依被害人之申請,核發下列補助:
前項補助對象、條件及金額等事項之規定,由直轄市、縣 (市) 主管機關定之。

Article 20
Should the offender fall into any one of the following categories, and it is considered to be necessary, the relevant authorities of the special municipalities or county (city) government should order the offender to receive physical and psychological treatment or counseling education.A. Completed imprisonment term or similar measure of safety. B. Parole.C. Postponement of the execution.D. Exemption from the penalty.E. Pardoned F. Suspension of prosecution punishment

The guardian, who is responsible for protected controls of the offender falling into the above category two and three, should deal with him or her with the following one or several approaches:
A. Arrange appointments, visits, and involve group activities or conduct surveys to assist the offenders in preventive controls.B. Arrange frequent appointments and visits, for the offender who is already in protective control, and where it has been proved there is enough evidence that he or she conducted the same crime. If necessary, the victim should be allowed to meet an appointed person from the police department regularly or irregularly.C. Order the offender who is already under preventive controls and is suspected of taking drugs to take a urinary test.D. For the offender who is under preventive control and has no permanent accommodation or accommodation that is not good for the conductor of the preventive control, the guardian should appeal to the Prosecutor and Military Judge to obtain permission so that the offender stays at an appointed accommodation.E. For the offender, who is under preventive control, has habit of conducting crime at night or is proved to have conducted the same crime with sufficient evidence, the guardian should institute a curfew with the permission from the Prosecutor and Military Judge.F. For the offender, who is under preventive control, that has already received physical and psychological treatment or counselling education, the guardian should carry out a lie detector test with the permission from the Prosecutor and Military Judge.G. The guardian should constrain the offender, who is under preventive control, and has an identifiable crime pattern or is proved to have conducted crime again with sufficient evidence, to stay close to certain locations or people with the permission from the Prosecutor and Military Judge.H. Introduce the offender to the appropriate organization or section.I. Other necessary approaches.

With the permission from the Prosecutor and Military Judge, the guardian could supervise and control the offender, who falls into the above item 4 and 5, with technological equipment.

The period of carrying out the first item is less than three years. However the special municipalities or county (city) government should stop carrying out the approach when the regulation is assessed and considered to be unnecessary.

The assessment of the first item should be carried out by the relevant authorities of the special municipalities or county (city). In the case where the offender is in jail, the assessment should be carried out by the prison or military prison.

Aspects such as the assessment's content, preparation and procedure, the physical and psychological treatment or counselling education, the registration's content and procedure and result evaluation in term 1, should be formulated by the central authorities, Ministry of Justice, Ministry of National Defence and the Department of Health, Executive Yuan.

As far as the urinary test concerned in item 2.3, its execution, procedure, period and frequency, examining organization and other aspects are decided by the Ministry of Justice and other relevant organizations.

The lie detector test concerned in item 2.6, its executing authorities (organization), people, conducting procedure and manner, and the technology equipment concerned in item 3, its supervising and control manner, conducting procedure, authorities (organization) and people, are decided by the Ministry of Justice and other relevant organizations.

第 20 條
加害人有下列情形之一,經評估認有施以治療輔導之必要者,直轄市、縣 (市) 主管機關應命其接受身心治療或輔導教育:
觀護人對於前項第二款、第三款付保護管束之加害人,得採取下列一款或數款之處遇方式: 一、對於受保護管束之加害人實施約談、訪視,並得進行團體活動或問卷等輔助行為。


第一項之執行期間為三年以下。但經評估認無繼續執行之必要者,直轄市 、縣 (市) 主管機關得免其處分之執行。
第一項之評估,除徒刑之受刑人由監獄或軍事監獄辦理外,由直轄市、縣(市) 主管機關辦理。
第一項評估之內容、基準、程序與身心治療或輔導教育及登記之內容、程序、成效評估等事項之辦法,由中央主管機關會同法務部、國防部及行政 院衛生署定之。
第二項第六款測謊之機關 (構) 、人員、執行程序、方式等及第三項科技設備之監控方法、執行程序、機關 (構) 、人員等,由法務部會商相關機關定之。

Q:受保護管束之加害人.是否包括未成年人而付保護者? 少年法庭有無相關之專業輔導資源?
Article 21
Should the offender, mentioned in Act 20, fall into any one of the categories, he/she is liable to pay a fine between ten thousand and fifty thousand new NT dollars and carry out the procedures within the specified period:A. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender is absent or refuses to receive assessment, physical and psychological treatment or counselling education without any appropriate reasons.B. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender arrives late at the assessment, physical and psychological treatment or counselling education or is present for fewer hours.C. Those who do not register or report regularly according to Act 23.1.The offender mentioned above who does not carry out the procedures, is liable for imprisonment term for up to one year, labor service under detention, a fine, or all together up to a fine of fifty thousand NT dollars.

After conducting the punishment the offender on parole, postponing the execution or postponing the prosecution punishment listed in item 1, the relevant authorities of the special municipality or county (city) should inform the local court prosecutors' office or the court martial prosecutor's office that is in charge.

On receiving the notice, the court prosecutors office or military court prosecutors' office, should inform the prison director, Ministry of Justice, and Ministry of National Defence to withdraw the parole, postpone the execution or suspend the prosecution punishment.
第 21 條
一、經直轄市、縣 (市) 主管機關通知,無正當理由不到場或拒絕接受評估、身心治療或輔導教育者。
二、經直轄市、縣 (市) 主管機關通知,無正當理由不按時到場接受身心治療或輔導教育或接受之時數不足者。

前項加害人屆期仍不履行者,處一年以下有期徒刑、拘役或科或併科新臺 幣五萬元以下罰金。
直轄市、縣 (市) 主管機關對於假釋、緩刑或受緩起訴處分之加害人為第 一項之處分後,應即通知該管地方法院檢察署檢察官或軍事法院檢察署檢察官。

Article 22
Should the offender conduct the same deed, after receiving physical and psychological treatment or counselling education as instructed by Act 21 item 1 (examination, assessment, his or her self-control and prevention) the special municipalities or county (city) government should hand in relevant assessment report to the local court prosecutors office's prosecuting officer and the military court prosecutor office's prosecuting officer and force the offender into treatment according to the Law.
第 22 條 : 加害人依第20條第1項規定接受身心治療或輔導教育,經鑑定、評估其自我控制再犯預防仍無成效者,直轄市、縣 (市) 主管機關得檢具相關評估報告,送請該管地方法院檢察署檢察官、軍事檢察署檢察官依法聲請強制治療

Article 23
The offender who violates Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special regulations of the Criminal Law and violates any regulations of Act 21 should regularly report to the police bureau and register information such as their identity, enrolment, employment, driver's licence and details of movements. The period for the reporting and registering is seven years.

The above regulation does not apply if the offender is younger than 18 years old when the crime was committed.

The periodical registration aims to protect social benefit and the safety of the society and should be examined by an appointed person.

The registration and reporting process and the examination process's scope, content, executing organization, qualification and condition of the appointed person, the procedure of the examination and other procedures to be followed are decided by the relevant central authorities.
第 23 條
犯刑法第二百二十一條、第二百二十二條、第二百二十四條之一、第二百二十五條第一項、第二百二十六條、第二百二十六條之一、第三百三十二 條第二項第二款、第三百三十四條第二款、第三百四十八條第二項第一款 或其特別法之罪之加害人,有第二十條第一項各款情形之一者,應定期向 警察機關辦理身分、就學、工作、車籍及其異動等資料之登記及報到。其登記、報到之期間為七年。
第一項登記期間之事項,為維護公共利益及社會安全之目的,於登記期間 得供特定人員查閱。

Article 24
Detailed arrangements for implementing the Law are formulated by the central authorities concerned. 
第 24 條 本法施行細則,由中央主管機關定之。

Article 25
The Law will be implemented six months after it is announced.
第 25 條 本法自公布後六個月施行。


性侵害防治的漏洞? 2
性侵害防治的漏洞? 1
Sexual Assault Crime Prevention Act 性侵害犯罪防治法

WANLI YANG整理 2009.12.22