Enforcement Rules for the Sexual Assault Crime Prevention Act
2023-08-16
手機睡眠
語音選擇
Article 1
These Enforcement Rules are enacted in accordance with Article 55 of the Sexual Assault Crime Prevention Act (hereinafter referred to as “the Act”).
Article 2
The competent authorities at the special municipality or county (city) level as defined in the Act shall be the competent authorities at the special municipality or county (city) level responsible for receiving reports. However, in any of the following circumstances, the responsible authority shall be determined as follows:
1. When there are two or more competent authorities at the special municipality or county (city) level handling cases involving the same victim's report: The competent authority at the special municipality or county (city) level where the victim resides.
2. In cases where the victim requires immediate rescue, medical treatment, forensic examination, evidence collection, accompaniment for questioning (interrogation), or assessment for protective placement in emergency situations: The competent authority at the special municipality or county (city) level where the victim is located. If necessary, they may coordinate with other competent authorities at the special municipality or county (city) level for assistance.
3. For the arrangements, medical care, and related expenses for the victim: The competent authority at the special municipality or county (city) level where the victim's domicile is registered.
Upon consultation and based on the specific needs of individual cases, the competent authorities at the special municipality or county (city) level responsible for receiving reports may, if necessary, transfer the subsequent handling of the case to the competent authorities at the special municipality or county (city) level where the victim resides.
1. When there are two or more competent authorities at the special municipality or county (city) level handling cases involving the same victim's report: The competent authority at the special municipality or county (city) level where the victim resides.
2. In cases where the victim requires immediate rescue, medical treatment, forensic examination, evidence collection, accompaniment for questioning (interrogation), or assessment for protective placement in emergency situations: The competent authority at the special municipality or county (city) level where the victim is located. If necessary, they may coordinate with other competent authorities at the special municipality or county (city) level for assistance.
3. For the arrangements, medical care, and related expenses for the victim: The competent authority at the special municipality or county (city) level where the victim's domicile is registered.
Upon consultation and based on the specific needs of individual cases, the competent authorities at the special municipality or county (city) level responsible for receiving reports may, if necessary, transfer the subsequent handling of the case to the competent authorities at the special municipality or county (city) level where the victim resides.
Article 3
The competent regulatory authorities referred to in the Act are defined as follows:
1. Article 46 of the Act:
(1) Registered as Internet access service providers of Telecommunications Enterprises : National Communications Commission.
(2) Unregistered as Internet access service providers, Internet platform providers, and Internet application service providers of Telecommunications Enterprises.
A. If registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the company, business, or limited partnership is registered.
B. If not registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the victim resides.
2. Article 48 of the Act:
(1) Broadcasting and television businesses: National Communications Commission.
(2) Promotional materials, publications, the internet, or other media: The competent authority at the special municipality or county (city) level where the victim resides.
When the victim, as defined in Item 2-2 of Subparagraph 1 and in Item 2 of Subparagraph 2 of the preceding paragraph, cannot be identified, the competent authority at the special municipality or county (city) level where the complainant is located shall be the competent regulatory authority.
1. Article 46 of the Act:
(1) Registered as Internet access service providers of Telecommunications Enterprises : National Communications Commission.
(2) Unregistered as Internet access service providers, Internet platform providers, and Internet application service providers of Telecommunications Enterprises.
A. If registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the company, business, or limited partnership is registered.
B. If not registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the victim resides.
2. Article 48 of the Act:
(1) Broadcasting and television businesses: National Communications Commission.
(2) Promotional materials, publications, the internet, or other media: The competent authority at the special municipality or county (city) level where the victim resides.
When the victim, as defined in Item 2-2 of Subparagraph 1 and in Item 2 of Subparagraph 2 of the preceding paragraph, cannot be identified, the competent authority at the special municipality or county (city) level where the complainant is located shall be the competent regulatory authority.
Article 4
In accordance with Subparagraph 5 of Paragraph 1 of Article 6 of the Act, the medical team established through coordination with medical institutions shall be convened by a physician responsible for or appointed by the medical institution. The members shall include at least medical professionals and social workers.
Article 5
The calculation of the members, employees, or service personnel as defined in Paragraph 4 of Article 9 of the Act shall include branch offices and subsidiary units, and shall be based on the total number as of the first working day of each month.
The service personnel in the preceding paragraph refers to the number of individuals receiving services at the location of the respective agency, troop, school, institution, or employer.
The service personnel in the preceding paragraph refers to the number of individuals receiving services at the location of the respective agency, troop, school, institution, or employer.
Article 6
The reporting method specified in Paragraph 1 of Article 11 of the Act shall be conducted through the Internet, telecommunications fax, or other technological devices, or by any other means to report to the competent authority at the special municipality or county (city) level. In urgent situations, initial reporting may be made through verbal communication, telephone calls, or other immediate communication methods, and the reporting form shall be submitted within twenty-four (24) hours after the report.
The reporting process in the preceding paragraph shall include completing the reporting form with detailed information as specified and ensuring the confidentiality and privacy of the victim are maintained without disclosure.
The reporting process in the preceding paragraph shall include completing the reporting form with detailed information as specified and ensuring the confidentiality and privacy of the victim are maintained without disclosure.
Article 7
The central competent authority, upon learning of web content related to sexual assault or suspected offenses under Articles 319-1 to 319-4 of the Criminal Code, shall notify internet platform providers, internet application service providers, internet access service providers (hereinafter referred to as internet operators), and the competent regulatory authorities specified in Subparagraph 1 of Paragraph 1 of Article 3.
The notification of the preceding paragraph shall include the following details:
1. The website name and URL where the suspected criminal activity occurred, as well as the URL for the sexual image.
2. The online platform account or internet protocol (IP) address of the offender.
3. The notifying country, agency, contact person's name, telephone number, and email address.
Upon receiving the notice as prescribed in Paragraph 1, the competent regulatory authority shall immediately issue a written order to the internet operators. The internet operators shall, within the following time limits, restrict browsing or remove web content related to crimes in accordance with Paragraph 1 of Article 13 of the Act:
1. Sexual assault crimes: within twenty-four (24) hours.
2. Crimes under Article 319-1 to Article 319-4 of the Criminal Code: within seventy-two (72) hours.
The written order mentioned in the preceding paragraph shall include the start and end dates for each subparagraph of Paragraph 2, the start and end dates for retaining criminal web content for one hundred eighty (180) days as specified in Paragraph 2 of Article 13 of the Act, and the matters to be recorded as required by Paragraph 1 of Article 96 of the Administrative Procedure Act.
The notification of the preceding paragraph shall include the following details:
1. The website name and URL where the suspected criminal activity occurred, as well as the URL for the sexual image.
2. The online platform account or internet protocol (IP) address of the offender.
3. The notifying country, agency, contact person's name, telephone number, and email address.
Upon receiving the notice as prescribed in Paragraph 1, the competent regulatory authority shall immediately issue a written order to the internet operators. The internet operators shall, within the following time limits, restrict browsing or remove web content related to crimes in accordance with Paragraph 1 of Article 13 of the Act:
1. Sexual assault crimes: within twenty-four (24) hours.
2. Crimes under Article 319-1 to Article 319-4 of the Criminal Code: within seventy-two (72) hours.
The written order mentioned in the preceding paragraph shall include the start and end dates for each subparagraph of Paragraph 2, the start and end dates for retaining criminal web content for one hundred eighty (180) days as specified in Paragraph 2 of Article 13 of the Act, and the matters to be recorded as required by Paragraph 1 of Article 96 of the Administrative Procedure Act.
Article 8
The competent regulatory authority may, in accordance with the Act, issue administrative dispositions against internet service providers and transmit them in electronic format over the internet to the publicly disclosed electronic mail or electronic form designated by the internet service provider for notification, and such transmission shall be deemed as served.
The electronic document mentioned in the preceding paragraph, upon being transmitted by the competent regulatory authority to the publicly disclosed electronic mail or electronic form designated by the internet service provider, shall take effect as having been duly served, notified, or made known in accordance with the law after one working day upon such transmission. However, in any of the following circumstances are not subject to this time limit:
1. When the electronic document has been transmitted but has not entered the internet operators' publicly disclosed or designated email or electronic forms.
2. When the electronic document has entered the internet operators' publicly disclosed or designated email or electronic forms after one working day but the internet operators provide an explanation that they cannot read it.
3. When the internet operators can prove that the electronic document entered their publicly disclosed or designated email or electronic forms at an earlier or later time.
In the event of a dispute regarding the circumstances described in Subparagraph 1 of the proviso in the preceding paragraph, it shall be proven by the competent regulatory authority. If the competent regulatory authority cannot provide proof, the electronic document shall be redelivered, notified, or made known in an appropriate manner.
In the circumstances described in Subparagraph 2 of the proviso in Paragraph 2, the competent regulatory authority shall redeliver, notify, or make it known in an appropriate manner.
In the circumstances described in Subparagraph 3 of the proviso in Paragraph 2, the effectiveness of delivery, notification, or making it known shall occur based on the earlier or later time point as proven by the internet operator, in accordance with the law.
The electronic document mentioned in the preceding paragraph, upon being transmitted by the competent regulatory authority to the publicly disclosed electronic mail or electronic form designated by the internet service provider, shall take effect as having been duly served, notified, or made known in accordance with the law after one working day upon such transmission. However, in any of the following circumstances are not subject to this time limit:
1. When the electronic document has been transmitted but has not entered the internet operators' publicly disclosed or designated email or electronic forms.
2. When the electronic document has entered the internet operators' publicly disclosed or designated email or electronic forms after one working day but the internet operators provide an explanation that they cannot read it.
3. When the internet operators can prove that the electronic document entered their publicly disclosed or designated email or electronic forms at an earlier or later time.
In the event of a dispute regarding the circumstances described in Subparagraph 1 of the proviso in the preceding paragraph, it shall be proven by the competent regulatory authority. If the competent regulatory authority cannot provide proof, the electronic document shall be redelivered, notified, or made known in an appropriate manner.
In the circumstances described in Subparagraph 2 of the proviso in Paragraph 2, the competent regulatory authority shall redeliver, notify, or make it known in an appropriate manner.
In the circumstances described in Subparagraph 3 of the proviso in Paragraph 2, the effectiveness of delivery, notification, or making it known shall occur based on the earlier or later time point as proven by the internet operator, in accordance with the law.
Article 9
If the competent regulatory authority is unable to ascertain the contact information of the internet operator and cannot effect the delivery in the preceding article, but there is an immediate need for disposition to prevent crime, dangerous situations, or to avoid imminent danger, immediate use of force shall be executed in accordance with the Administrative Execution Act.
Article 10
Article 15 and Paragraph 1 of Article 16 of the Act, where reference is made to other personally identifiable information sufficient to identify the victim, including but not limited to the victim’s photograph, image, drawing, voice, address, names of relatives or their relationships, school attended, class, workplace, or any other information that can directly or indirectly identify the individual victim.
Article 11
According to Paragraph 1 of Article 17 of the Act, when conducting medical examinations and evidence collection on a victim, attention shall be paid to the physical and mental state of the victim as well as the circumstances of the victim, and detailed records shall be made and preserved.
The consent referred to in Paragraph 1 of Article 17 of the Act shall be in writing.
The preservation and transfer of physical evidence as stipulated in Paragraphs 5 and 6 of Article 17 of the Act shall be carried out with due care to prevent loss or destruction.
The consent referred to in Paragraph 1 of Article 17 of the Act shall be in writing.
The preservation and transfer of physical evidence as stipulated in Paragraphs 5 and 6 of Article 17 of the Act shall be carried out with due care to prevent loss or destruction.
Article 12
When physicians, psychologists, counselors, or social workers accompanies a victim to provide statements in accordance with Paragraph 1 of Article 18 of the Act, they shall strictly adhere to professional ethics and safeguard the rights and interests of the victim. The same applies to professionals who assist in the questioning process in accordance with Article 19 of the Act.
Article 13
A victim, the guardian of a victim, or the legal representative may apply to the competent authority at the special municipality or county (city) level for the assignment of a social worker to accompany the victim in accordance with Paragraph 1 of Article 18 of the Act. The competent authority at the special municipality or county (city) level shall not refuse such request, except when it is deemed unnecessary.
Article 14
An offender, as defined in Article 29 of the Act, shall undergo and may not refuse to undergo photography, fingerprinting, and the sampling of deoxyribonucleic acid (DNA) conducted by a judicial police agency. If the offender has not been sampled during their period of confinement in a corrective institution, the corrective institution shall provide the necessary facilities and assistance.
Article 15
The offenders referred to in Paragraphs 1 and 2 of Article 37 the Act are those who committed sexual assault crimes before June 30, 2006.
Article 16
The penalties stipulated in Articles 45 and 47 of the Act shall be imposed by the competent authority at the special municipality or county (city) level where the victim resides.
Article 17
The competent regulatory authority, in accordance with Article 46 of the Act, may issue an administrative disposition to restrict access. The administrative disposition document for restricting access shall, in addition to complying with the relevant administrative disposition regulations as stipulated in the Administrative Procedure Act, specify the start and end dates of the access restriction.
Internet service providers who are dissatisfied with the decision of the competent regulatory authority to implement access restrictions under the preceding paragraph may, in accordance with the law, file an administrative appeal and administrative litigation.
Internet service providers who are dissatisfied with the decision of the competent regulatory authority to implement access restrictions under the preceding paragraph may, in accordance with the law, file an administrative appeal and administrative litigation.
Article 18
Except for Articles 7 to 10 and Article 17, which shall be effective from August 15, 2023, these Enforcement Rules shall be effective from February 17, 2023.