Regulations on the Qualification and Assistance of Specialists Under the Sexual Assault Crime Prevention Act
2023-08-16
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Article 1
The Regulations are stipulated in accordance with Paragraph 2, Article 20 of the Sexual Assault Crime Prevention Act (hereinafter referred to as the Act).
Article 2
The specialists regulated in the Regulations shall possess professional knowledge or skills related to dealing with sexual assault cases.
The specialists in the preceding Paragraph shall meet the following criteria:
1. received training in interrogation (examination), investigation, and trial proceedings of sexual assault cases.
2. practical work experience related to actually dealing with sexual assault cases of children or mentally disabled persons for at least one year.
The specialists in the preceding Paragraph shall meet the following criteria:
1. received training in interrogation (examination), investigation, and trial proceedings of sexual assault cases.
2. practical work experience related to actually dealing with sexual assault cases of children or mentally disabled persons for at least one year.
Article 3
Those who meet any of the following conditions shall not be chosen as specialists, and those who have been chosen shall be discharged:
1. committed the crimes under Subparagraph 1 of Article 2 of the Sexual Assault Crime Prevention Act, the crimes under Article 25 of the Sexual Harassment Prevention Act, the crimes under the Child and Youth Sexual Exploitation Prevention Act, the crimes under Chapter 28-1 (Offense against Sexual Privacy and Synthetic Sexual Videos) of the Criminal Code, and the crimes under Article 18 of the Stalking and Harassment Prevention Act and who have been finally subject to deferred prosecution or judged guilty.
2. still under statutory guardianship or assistantship announcement which has not yet been revoked.
3. received disposition of dismissal from professional personnel or revocation or termination of their practice licenses or certificates.
4. violated duties or have been involved in any event which disqualifies them as specialists.
1. committed the crimes under Subparagraph 1 of Article 2 of the Sexual Assault Crime Prevention Act, the crimes under Article 25 of the Sexual Harassment Prevention Act, the crimes under the Child and Youth Sexual Exploitation Prevention Act, the crimes under Chapter 28-1 (Offense against Sexual Privacy and Synthetic Sexual Videos) of the Criminal Code, and the crimes under Article 18 of the Stalking and Harassment Prevention Act and who have been finally subject to deferred prosecution or judged guilty.
2. still under statutory guardianship or assistantship announcement which has not yet been revoked.
3. received disposition of dismissal from professional personnel or revocation or termination of their practice licenses or certificates.
4. violated duties or have been involved in any event which disqualifies them as specialists.
Article 4
Specialists may, when evaluating the communication ability and needs of victims in accordance with Paragraph 2 of Article 19 of the Act, offer explanations about the results of their assessments orally or in writing.
The proper suggestions offered by specialists in accordance with Paragraph 3 of Article 19 of the Act include assisting in changing the topic, changing the tone, proposing suspension of interrogation (examination), or other suggestions.
The proper suggestions offered by specialists in accordance with Paragraph 3 of Article 19 of the Act include assisting in changing the topic, changing the tone, proposing suspension of interrogation (examination), or other suggestions.
Article 5
The per diem for specialists’ attendance in each case shall be paid an amount of NT$500 per time by the agencies using the specialists.
The agencies shall still pay the attended specialists a per diem even if interrogation (examination) is not conducted due to any reason not attributed to the specialists.
The agencies shall still pay the attended specialists a per diem even if interrogation (examination) is not conducted due to any reason not attributed to the specialists.
Article 6
Specialists may apply for disbursement of the transportation fees and accommodation fees for the inbound and outbound travels needed when they attend to provide service.
Transportation fees and accommodation fees are to be disbursed based on actual expenses. The agencies utilizing the specialists shall refer to the Directions on Disbursement of Travel Expenses for Domestic Travels.
Transportation fees and accommodation fees are to be disbursed based on actual expenses. The agencies utilizing the specialists shall refer to the Directions on Disbursement of Travel Expenses for Domestic Travels.
Article 7
The remuneration for specialists’ attendance each time may be paid in an amount between NT$2,000 and NT$10,000 by the agencies utilizing the specialists depending on the complexity of the case and the time and labor expended.
Article 8
The Regulations shall come into force on and from the date of announcement.