受刑人及被告補償金發給辦法

These Regulations are established in accordance with Paragraph 2, Article 38 of the Prison Act, and Paragraph 2, Article 31 of the Detention Act.

1The terms used in these Regulations shall be defined as follows:

21. Authority: Referring to prisons or detention centers under the Agency of Corrections, Ministry of Justice, as well as branches or female units set up by the prison, and branches or female units set up by the detention center.

32. Inmate: Referring to a prisoner or a detained defendant.

43. Work: Referring to work performed in the workshop inside or outside the authority or of other specific places.

54. Occupational training: Referring to skill training courses offered by participating authorities.

65. Injury: Referring to physical injuries other than serious injuries and disability.

76. Illness: Referring to the suffering of diseases listed as the occupational diseases under Article 34 of the Labor Insurance Act.

87. Serious injury: Referring to major incurable or intractable injuries to the body or health other than disability.

98. Disability: Referring to permanent disability, diagnosed by the hospital of treated injuries, with persistent sequela without predictable treatment outcome, which meets the labor insurance disability benefit payment standards.

1The compensation is categorized into medical compensation, disability compensation and death compensation. Medical compensation shall refer to the amount that the inmate pays for the medical treatment, excluding treatment items at one’s own expenses.

2In case an inmate dies due to work or occupational training, a death compensation of NT$1,200,000 shall be paid; in case an inmate becomes disabled, a disability compensation shall be paid in accordance with the labor insurance disability benefit payment standards; in case an inmate becomes seriously injured, a medical compensation not more than NT$300,000 shall be paid; and in case an inmate is injured or becomes ill, a medical compensation not more than NT$200,000 shall be paid.

3When two or more situations in the preceding paragraph occur, the compensations may be combined.

1Applications for medical compensations shall be made to the original execution authority along with the following supporting documents, and shall be paid under the non-working fund of the authority:

21. A diagnosis certificate issued by a medical institution.

32. Original medical receipts.

4Applications for disability or death compensations shall be made by the authority to the Work Fund Management Committee of the correction authority of Ministry of Justice for the Committee’s review and approval, along with the following supporting documents:

51. Application for Compensation Report Form.

62. A disability level certificate or death certificate issued by a medical institution and the household registration certificate containing the date of death.

7The Application for Compensation Report Form in the preceding paragraph shall state the cause of disability or death and the handling situation.

1The compensation shall be received by the inmate or his/her nearest relatives. The authority to which the deceased belonged shall notify the heir to receive the compensation. Where such notification is impossible, public announcement shall be made.

2The compensation payable in the preceding paragraph shall be included in the work fund if it has been abandoned by the notified party or has not been received six months after the notification or one year after the public announcement.

3Where the compensation is received by the nearest relatives, it shall be paid in the order of the spouse, lineal descendants, parents, brothers and sisters, and grandparents, as related to the inmate.

1Where the accident is caused deliberately by the inmate, no compensation shall be paid; and where it is caused by gross negligence of the inmate, the compensation shall be reduced by 50%.

2The determination of intentional or gross negligence shall be handled in accordance with the factual investigation by the supervisory authority or the evaluation report of the relevant authorities.

1In case of any of the following events, the compensation shall be deducted accordingly:

21. Receiving of damage compensations;

32. Receiving of relevant insurance benefits insured by the contracted manufacturer or the authority; and

43. Receiving of labor insurance payment for occupational training.

5When two or more events exist, compensations shall be concurrently deducted.

(Deleted)

1These Regulations shall take effect as of July 15, 2020.

2The amended articles of these Regulations shall take effect on the date of promulgation.