| Article 1 | This Act is explicitly enacted to encourage the witnesses to testify in the criminal or gangster cases for the purpose of investigation and trial of offense, identifying and trial of gangsters; and for the benefit of accused or the gangster transferred to court.
For matters not provided in this Act, the provisions of other laws shall apply. |
|---|
| Article 2 | The "criminal offenses" referred to in this Act includes the following offenses:
1.The offenses, which are punishable by 3 years or more in prison.
2.The offenses prescribed in:Article 100, Paragraph 2;Article 101, Paragraph 2;Article 106, Paragraph 3;Article 109, Paragraphs 1, 3, and 4;Article 121, Paragraph 1;Article 122, Paragraph3;Article 131, Paragraph 1;Article 142;Article 143, Paragraph 1;Article 144;Article 145;Article 256, Paragraphs 1 and 3;Article 257, Paragraphs 1 and 4;Article 296 -1, Paragraph 3;Article 298, Paragraph 2;Article 300;Article 339;Article 339-3;Article 346 ofthe Criminal Code.
3.The offenses prescribed in Articles 11, Paragraph 1 and Paragraph 2 of the Anti-Corruption Statute.
4.The offenses prescribed in Article 2, Paragraphs 1 and 2, or Article 3 of the Statute of Punishment for Smuggling.
5.The offenses prescribed in Article 82, Paragraphs 1 and 2, or Article 83, Paragraphs 1 and 3 of the Pharmaceutical Affairs Act.
6.The offenses prescribed in Articles 125 of the Banking Act.
7.The offenses prescribed in Article 171, or Article 173, Paragraph 1 of the Securities Exchange Act.
8.The offenses prescribed in Article 112, or Article 113, Paragraphs 1 and 2 of the Futures Exchange Act.
9.The offenses prescribed in Article 8, Paragraph 4, Article 11, Paragraph 4, Article 12, Paragraphs 1, 2, 4 and 5, or Article 13, Paragraphs 2, 4 and 5 of the Statute of Control for FireArms, Ammunition and Harmful Knives.
10.The offenses prescribed in Article 88, Paragraph 1, Article 89, Paragraphs 1 and 2, Article 90 (1), Paragraph 1, Article 91, Paragraph1, Section 1 and Article 91 (1), Paragraph 1 ofthe Public Official Election and Recall Act
11.The offenses prescribed in Article 47 (1) or Article 47 (2) of the Farmers Association Act.
12.The offenses prescribed in Article 50 (1) or Article 50 (2) of the Fishermen Association Act.
13.The offenses prescribed in Article 32, Paragraphs 1, 3, and 4 of the Child and Youth Sexual Exploitation Prevention Act.
14.The offenses prescribed in Article 14, Paragraphs 1 and 2, Article 15 or Article 17 of the Money Laundering Act.
15.The offenses prescribed in Article 3, latter part of Paragraph 1, latter part of Paragraph 2, Paragraph 5, Paragraph 7, Paragraph 8, article 4, Article 6 or Article 11, Paragraph 3 ofthe Statute of Organized Crime Prevention.
16.The offenses prescribed in Article 13(2) of the Trade Secrets Act.
17.The offenses prescribed in Article 42, Paragraph 1, Article 43, Paragraph 1, Article 44, former part of Paragraph 2, Paragraph 5, Article 45, Article 46 of the Criminal Code of the ArmedForces. |
|---|
| Article 3 | This Act is only applicable to a witness who is willing to testify in front of the prosecutor or in court, state the facts, provide evidences of the criminal offense or gangster activityhe or she witnessed; and subject to confrontation and cross-examination according to the law. |
|---|
| Article 4 | If the life, body, freedom or property of a witness or a person who is closely related to such witness is in jeopardy due to his or her testifying in front of the prosecutor or in court,and the protection is necessary, the prosecutor or the judge could issue a protective order by his/her discretion or a petitioned by the witness, the victim or his/her representative, the defendant or his/her defense counsel, the transferred person or his/herretained attorney, the assistant, the judicial police official, the handling agency, or the complainant in private prosecution. The prosecutor or the judge may take necessary preliminary measures to protect the witness if the protective order is unable tobe issued in time in emergency circumstances.
During the investigation of criminal or gangster cases, the judicial police agency may take necessary preliminary measures to protect the witness if it is necessary, and should report such measures to the prosecutor or the court within seven days. If such measuresare inappropriate, the judge or the prosecutor may modify or terminate it.
The competent court for granting the petition for the protective order should be the court that adjudicates the criminal or gangster case at issue. |
|---|
| Article 5 | The following items should be specified in the written petition for the protective order:
1.the name, gender, date of birth, address of the residence, identification card number or the passport number of the petitioner, and of the protected person;
2.the case to testify;
3.the facts to testify;
4.the reasons the witness is seeking for protection;
5.the reasons that the judge or the prosecutor shall provide such protection;
6.the measures of protection. |
|---|
| Article 6 | In deciding whether to issue the protective order either by its authority or by the petition, the prosecutor or the judge should consider the following factors:
1.the magnitude and imminence of danger faced by the protected witness and the person who is closely related to such witness;
2.the facts of the criminal offender or the gangster conduct;
3.the danger of the criminal offense or the gangster;
4.the importance of the witness' testimony;
5.the situation of the witness or of the person who is closely related to such witness;
6.the relationship between the witness and the criminal offense or the gangster activity;
7.the stage of the handling case;
8.the restrictions imposed on the rights and interests of the defendant or the transferred person;
9.the maintenance of the public interest. |
|---|
| Article 7 | The following items should be specified in the written protective order issued by the prosecutor or the judge:
1.the name, gender, date of birth, address of the residence, identification card number or the passport number of the petitioner, and of the protected person;
2.the case to testify;
3.the reasons for protecting the witness;
4.the reasons the protection is provided;
5.the measures of protection;
6.the period of protection;
7.the executing agency that provides such protection.
In deciding what protective measures should be taken, the prosecutor or the judge issuing the protective order should consider the methods stated in Articles 11 to 13 of this Act. |
|---|
| Article 8 | The prosecutor or the judge could execute the protective order himself or herself, or could hand over it to the judicial police agency or other executing authority to execute.
The prosecutor, judge, judicial police agency, or executing authority prescribed in preceding paragraph could order the protected witness to follow certain rules in compliance with the protective order, and may exercise its authority beyond the scope of itsjurisdiction.
Any person involving with the issuance or execution of the protective order must keep all items specified in the protective order confidential. |
|---|
| Article 9 | The prosecutor or the judge may terminate or modify the protective order either by its authority or by the petition from the person stated in paragraph 1 of Article 4 or the executing agencyif any of the following situations exists:
1.the protected person agrees to terminate or modify the protective order.
2.the protected witness is convicted for perjury or false accusation.
3.the protected person has violated the orders set forth in Paragraph 2 of Article 8.
4.the protected person was in custody, detained, sheltered, observed and abstained, compulsorily abstained or was removed to prison or penitentiary.
5.the reasons of protection are disappear or unnecessary more. |
|---|
| Article 10 | The executing authority should frequently review its execution of the protective order. If the reasons that the witness should be protected are disappear or unnecessary more , the executingauthority may terminate the protective order by obtaining prior approval from the prosecutor, judge or judicial police agency. If the protection is still necessary under some change of circumstances, the executing authority may modify the protective orderby obtaining prior approval from the prosecutor, judge or judicial police agency.
If it is necessary to reinstate the protective order after the protective order was terminated, the prosecutor or the judge may reissue and execute the protective order either by its authority or by the petition from the person stated in paragraph 1 of Article4 or the executing agency. |
|---|
| Article 11 | Except otherwise provided in the law, the true name and identification information of the witness who is necessary to be protected should be used a code name by making a record or documentfrom the public official. Any information of the protected witness such as the year of birth, address of the residence, identification number or passport number and other information that is capable of identifying the protected witness should not be recordedon the record or document. The signature of the protected witness should be substituted by the thumbprint of the protected witness.
The record or the original document that contains the true name or identification information of the protected witness should be stored and sealed in an envelope. Other documents that are capable of revealing the identity of the protected witness should alsobe stored and sealed in an envelope.
Excepted otherwise provided in the law, any record or document that is stored and sealed in the envelope should not be examined or make available to any agency, group or individual other than the agency in charge of the criminal investigation or trial.
A witness who is protected under this Act may conceal his or her identity by wearing a mask, changing his or her voice, appearance, using video communication or other forms of segregation during the investigation or trial. The same methods should be taken toa witness protected under this Act during the confrontation or examination under the law. |
|---|
| Article 12 | When the life, body, freedom or property of a witness or a person who is closely related to such witness is in imminent danger, the judge or prosecutor may immediately order the judicialpolice agency to assign a police officer to personally protect the witness or the person who is closely related to such witness within a certain period of time.
The judge or prosecutor may issue an order to prohibit or restrain a specific person to act in a particular way or to prohibit or restrain a specific person to approach the body, residence, work place of the protected witness or the person who is closely relatedto such witness.
To take the measure of prohibition or restraint specified in the preceding paragraph, the judge or prosecutor should issue a protective order with following items:
1.the protected person and the protected area;
2.the prohibited or restrained person;
3.the executing judicial police agency;
4.the prohibited or restrained conduct to the protected person.
5.the protective measures of executing judicial police agency.
The forgoing protective order should be delivered to the applicant, the prohibited or restrained person, and the executing judicial police agency or relevant authority.
The prohibited or restrained person may object to the protective order issued by the judge or prosecutor .The Criminal Procedure Act shall apply mutatis mutandis to the objection . |
|---|
| Article 13 | When the life, body, freedom or property of a witness or a person who is closely related to such witness is in jeopardy, and it is necessary to temporarily alternate life, place or wayof work of the witness and the person who is closely related to such witness , the judge or prosecutor may designate an agency to assist him or her in getting a short-term relocation in an appropriate circumstance and changing a new job ,within a certain periodof time.
The period mentioned in preceding paragraph should not exceed one year. However, if it is necessary, the prosecutor or judge may agree to extend the protected period to another year. The relocation expenses should be paid from the budget of the Ministry ofthe Interior.
To make a decision of relocation mentioned in preceding paragraph, the judge or prosecutor shall issue the protective order. The order should be delivered to the applicant, the designated agency and relevant authority executing the protective measure. |
|---|
| Article 14 | Any defendant or suspect who committed or allegedly committed the criminal offenses set forth in Article 2 helps prosecutor to prosecute other principal offenders or accomplices by providing material testimonyor evidence, his or her sentence shall be reduced or exempted with prosecutor's prior approval.
After considering the seriousness of the criminal offense committed by the defendant or suspect, the injuries suffered by the victim, the importance of the serious crime prevention and the significance ofthe public interests, the prosecutor may assent to drop the charges against a defendant or suspect who is not a principal offender or an accomplice in the criminal offenses set forth in Article 2 but helps the prosecutor to prosecute other accomplices committinga more serious offense by providing material testimony regarding the accessory before the fact, accessory during the fact and accessory after the fact.
If any defendant or suspect, who is not a principal offender or an accomplice in the criminal offenses set forth in Article 2 but helps the prosecutor to prosecute other accomplices committing a more seriousoffense by providing material testimony regarding the accessory before the fact, accessory during the fact and accessory after the fact, is prosecuted, his or her sentence may be reduced or exempted with prosecutor’s prior approval.
The provisions set forth in Articles 255 to 260 of the Criminal Procedure Act shall apply mutates mutandis to paragraph 2. |
|---|
| Article 15 | The provisions set forth in this Act shall apply to the informant, reporter, complainant or victim.
While handing over the case to the competent judicial authority or the judicial police agency, the government authority that accepts the complaint from a citizen may request the court, prosecutor or the judicial police agency to take necessary preliminary measuresto protect the complainant in accordance with this Act if the government authority considers the true name and the identity of the protected informant should remain confidential. . |
|---|
| Article 16 | Any government official who reveals, discloses or hands over papers, documents, pictures, information or things capable of identifying the witness protected under this Act to others, shallbe sentenced to imprisonment between one year and seven years.
An attempt offense of the crime set forth in the preceding paragraph shall be punishable.
A negligent crime of preceding paragraph 1-2 shall be sentenced to imprisonment of not more than two years, detention, or be imposed a fine of not more than NT $ 300,000 dollars.
Any person who is not a government official obtains papers, documents, pictures, information or things capable of identifying the witness protected under this Act within the scope of his authority or employment, reveals, discloses or hands over these to others,shall be sentenced to imprisonment of not more than three years, detention, or be imposed a fine of not more than NT $ 500,000 dollars. |
|---|
| Article 17 | The restraining person who intentionally violates the provisions set forth in the Article 12, Paragraph 2 and was acting against the executing authority's demand to comply with the restrainingorder, shall be sentenced to imprisonment of not more than three years, detention, or be imposed a fine of not more than NT $ 500,000 dollars. |
|---|
| Article 18 | Any person who attempts to prevent or retaliate the protected witness to testify in front of the prosecutor or in court and commits a crime against the protected witness, shall be subjectto the punishment prescribed for such offense increased up to one half. |
|---|
| Article 19 | Any protected witness will be considered to have committed the perjury by making a false statement on the material facts of the criminal case or gangster case at issue, and shall be sentencedto imprisonment between one year and seven years. |
|---|
| Article 20 | The judge has discretion not to hold a public trial if the judge consider the public trial would put the life, body or freedom of the protected witness in jeopardy. |
|---|
| Article 21 | The provisions set forth in this Act shall apply mutates mutandis to the case handled by military courts, prosecutors . |
|---|
| Article 22 | The Enforcement Rules of this Act shall be enacted by the Executive Yuan after consulting with the Judicial Yuan. |
|---|
| Article 23 | The Act will be put into effect on the date of its promulgation, except for Articles which were amended and promulgated on May. 30, 2006 and took effect on July. 1, 2006. As to the implementationdate of Articles which were amended on March.25,2016 shall be determined by Executive Yuan. |
|---|