Regulations for Application, Identification, and Grant of Compensation for Convicts in Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period
2003-08-07
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Article 1
Regulations herein are enacted in accordance with the second paragraph of Article 5 of the Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period (referred to as the "Act" hereinafter).
Article 2
The spouse of a convict mentioned in the regulations herein refers to the spouse of the convict at the time when such convict was deceased or disappeared.
The identification of a lineal descendant by blood, parents, or siblings of a convict shall be based on their status on the date when the regulations herein become effective.
If a lineal descendant by blood or siblings of a convict was adopted by others after such convict was deceased or disappeared, s/he shall retain her/his status as such convict’s relative.
After the death or disappearance of a convict, the compensation for such convict may be applied for by the following persons in addition to spouses of such convict. The order of application is as follows:
1. The lineal descendant by blood;
2. The parents;
3. The sibling.
The identification of a lineal descendant by blood, parents, or siblings of a convict shall be based on their status on the date when the regulations herein become effective.
If a lineal descendant by blood or siblings of a convict was adopted by others after such convict was deceased or disappeared, s/he shall retain her/his status as such convict’s relative.
After the death or disappearance of a convict, the compensation for such convict may be applied for by the following persons in addition to spouses of such convict. The order of application is as follows:
1. The lineal descendant by blood;
2. The parents;
3. The sibling.
Article 3
Among those eligible according to the first subparagraph of the fourth paragraph of the preceding article, sons and daughters of convicts have the priority to claim compensation. If any of the sons and daughters of the convicts were deceased before application, applications may be filed by the immediate lineal descendant by blood of the deceased convict.
Article 4
Among the spouse of a convict and other applicants decided according to the inheritance order, the compensation shall be divided in proportions prescribed in the subparagraphs hereinafter:
1. An equal proportion for each among the spouse, sons and daughters;
2. A half for the spouse among the spouse and second-order or third-order applicants as prescribed in the fourth paragraph of Article 2.
Should any of those mentioned in the first subparagraph of the preceding paragraph was deceased before application, the share of compensation of that deceased person shall be collected by immediate lineal descendants by blood of the person; the share shall be divided equally if there are several such descendants.
When applicants are the parents or siblings of a convict, and if several of the applicants are in a same order, the compensation shall be equally divided.
1. An equal proportion for each among the spouse, sons and daughters;
2. A half for the spouse among the spouse and second-order or third-order applicants as prescribed in the fourth paragraph of Article 2.
Should any of those mentioned in the first subparagraph of the preceding paragraph was deceased before application, the share of compensation of that deceased person shall be collected by immediate lineal descendants by blood of the person; the share shall be divided equally if there are several such descendants.
When applicants are the parents or siblings of a convict, and if several of the applicants are in a same order, the compensation shall be equally divided.
Article 5
If the convicts or convict’s relatives were deceased after filing the application, the provisions in the Part of Succession in the Civil Code shall be applied to the compensation originally granted to the convicts or convict’s relatives.
Article 6
If a convict applies by her/himself, s/he shall provide the following information and documents:
1. An application form;
2. A copy of the two sides of the personal ID Card;
3. A description of the facts regarding the wrongful trial;
4. An affidavit;
5. Documents or written judgments from the first or second trials, retrials, hearings for commutation, or proof of release;
6. Transcript of the household registration of the entire family issued within 6 months.
If a convict’s relative files the application, s/he shall provide the following information and documents:
1. The information and documents prescribed in the first five subparagraphs in the preceding paragraph;
2. Transcripts of the household registration of the entire family of the convict at the time of his/her conviction and at the time of his/her death, and the transcript of the household registration of the entire family of the applicant issued within 6 months. If the convict was deceased, the transcript of the household registration, in which the deceased was excluded;
3. A family tree showing the inheritance order among the convict’s relatives;
4. An affidavit to guarantee that no convict’s relative has a better position in the inheritance order;
5. An affidavit to guarantee that no other relatives eligible for application, if the spouse of the convict is the only applicant;
6. Authorization letters to prove that the applicant act on behalf of others, when there are several applicants.
1. An application form;
2. A copy of the two sides of the personal ID Card;
3. A description of the facts regarding the wrongful trial;
4. An affidavit;
5. Documents or written judgments from the first or second trials, retrials, hearings for commutation, or proof of release;
6. Transcript of the household registration of the entire family issued within 6 months.
If a convict’s relative files the application, s/he shall provide the following information and documents:
1. The information and documents prescribed in the first five subparagraphs in the preceding paragraph;
2. Transcripts of the household registration of the entire family of the convict at the time of his/her conviction and at the time of his/her death, and the transcript of the household registration of the entire family of the applicant issued within 6 months. If the convict was deceased, the transcript of the household registration, in which the deceased was excluded;
3. A family tree showing the inheritance order among the convict’s relatives;
4. An affidavit to guarantee that no convict’s relative has a better position in the inheritance order;
5. An affidavit to guarantee that no other relatives eligible for application, if the spouse of the convict is the only applicant;
6. Authorization letters to prove that the applicant act on behalf of others, when there are several applicants.
Article 7
If applicants apply according to the preceding article, but provide insufficient or inappropriate information or documents, the Compensation Foundation for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period (referred to as the foundation hereinafter) shall request the application for further correction within certain time. If the applicant fails to make correction or makes inappropriate modification before the deadline, the application shall be rejected.
Article 8
Once the Foundation receives an application, it shall immediately investigate the facts and relevant records. Compensation shall be granted in accordance with Standards for Granting Convicts Compensation for Convicts in Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period, if the application satisfies the requirements of the Acts and Regulations.
Article 9
Those who are entitled to the compensation shall collect the payment by themselves with their original ID cards and seals. However, a recipient under the following circumstances may authorize others to collect the compensation:
1. Having difficulties to move. This fact shall be confirmed in written by a public hospital or by a private hospital qualified as, at least, a regional hospital by the Department of Health, Executive Yuan.
2. Currently residing in the foreign country.
If the eligible recipient authorizes an agent to collect the compensation in accordance with the preceding paragraph, the agent shall provide, in addition to the documents a recipient shall provide according to the provisions in the preceding paragraph, an authorization letter notarized by the court or a private notary, the recipient’s and the agent’s original ID cards, a copy of each ID card, and the recipient’s and the agent’s seals. If the eligible recipient resides in the foreign country, the authorization letter shall be verified by an embassy, a consulate, or a representative office of our country, or by an agency authorized by the Ministry of Foreign Affairs.
If the eligible recipient resides in mainland China and authorizes people in Taiwan to collect the compensation according to the second paragraph of Article 14 of the Act, the authorization letter shall be notarized by notary offices in Mainland China, and verified by the Straits Exchange Foundation. If the agent is a citizen in Taiwan, s/he shall provide the documents and seal prescribed in the preceding paragraph in addition to the authorization letter.
1. Having difficulties to move. This fact shall be confirmed in written by a public hospital or by a private hospital qualified as, at least, a regional hospital by the Department of Health, Executive Yuan.
2. Currently residing in the foreign country.
If the eligible recipient authorizes an agent to collect the compensation in accordance with the preceding paragraph, the agent shall provide, in addition to the documents a recipient shall provide according to the provisions in the preceding paragraph, an authorization letter notarized by the court or a private notary, the recipient’s and the agent’s original ID cards, a copy of each ID card, and the recipient’s and the agent’s seals. If the eligible recipient resides in the foreign country, the authorization letter shall be verified by an embassy, a consulate, or a representative office of our country, or by an agency authorized by the Ministry of Foreign Affairs.
If the eligible recipient resides in mainland China and authorizes people in Taiwan to collect the compensation according to the second paragraph of Article 14 of the Act, the authorization letter shall be notarized by notary offices in Mainland China, and verified by the Straits Exchange Foundation. If the agent is a citizen in Taiwan, s/he shall provide the documents and seal prescribed in the preceding paragraph in addition to the authorization letter.
Article 10
Regulations herein are applied mutatis mutandis to applications for compensation prescribed in Article 15-1 of the Act.
Article 11
The format of the forms required by the regulations herein shall be decided by the Foundation.
Article 12
Regulations herein become effective from the date of their promulgation.