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Taiwan to allow foreigners to seek compensation for wrongful detention

12/05/2023 07:29 PM
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The Legislative Yuan. CNA file photo
The Legislative Yuan. CNA file photo

Taipei, Dec. 5 (CNA) Taiwan's Legislature on Tuesday passed a law amendment that permits non-Taiwan nationals inappropriately detained during legal proceedings to seek state compensation.

The amendment included deleting Article 36 of the Criminal Compensation Act, which stipulated only foreigners from countries where Republic of China (Taiwan) nationals were eligible to seek compensation for wrongful detention would have that right in Taiwan.

The amendment was added due to the principle of equality, the Judicial Yuan and Cabinet said.

The law will ensure that all those in the ROC, including stateless persons and other foreigners, are treated fairly and reasonably, the draft proposal said.

It added that Article 36 would be deleted based on the principle of upholding human rights.

Tuesday's passage also included an expanded provision stipulating that an individual who was inappropriately detained can claim state compensation within two years from the day they become aware of the prosecution withdrawal or final adjudication of not to prosecute.

The changes were made to uphold the rights of those who may be abroad, or those who may not have received notification, as the law previously stated a claim could only be filed within two years after the decision not to prosecute was made.

The revised law increased the compensation rate to between 1.5 and 2 times the initial fine paid by the person wrongfully accused, plus statutory interest.

It also gives victims the option to choose how they receive payment, with a provision allowing them to receive compensation in installments.

(By Wang Yang-yu and Ko Lin)

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