Yes, for specified crimes and within a defined period. An eligible victim may apply to the court after prosecution and before second-instance oral argument ends. If admitted, they receive hearing notices and may comment on evidence and sentencing. Victims who do not apply may still have accompaniment and an opportunity to speak. Protection services and state compensation are separate avenues.
Which cases qualify?
Code of Criminal Procedure Article 455-38(1) includes victims of:
- Intentional or negligent offenses causing death or serious bodily injury.
- Specified listed Criminal Code offenses, including homicide (Art. 271), serious bodily injury (Art. 278) and robbery (Art. 328), with the listed attempt provisions.
- Sexual-assault crimes defined in the Sexual Assault Crime Prevention Act, Article 2(1).
- Offenses under Articles 31–34 and 36 of the Human Trafficking Prevention Act, and Articles 32–35, 36(1)–(5) and 37(1) of the Child and Youth Sexual Exploitation Prevention Act.
If a victim cannot apply because of no or limited legal capacity, death or another unavoidable reason, certain legal representatives or close family members may apply (Art. 455-38(2)). Sexual Harassment Prevention Act Article 25 alone is not among the listed qualifying offenses.
How to apply
Apply in writing to the court at each trial instance, stating the case, accused person's details, relationship to the victim if applying on another's behalf, and the purpose and reasons for participation (Art. 455-39). The court hears the views of the prosecutor, accused, counsel and assistant, then weighs the case, relationships, stage and applicant's interests. Its admission or refusal ruling cannot be appealed by interlocutory appeal (Art. 455-40).
Rights after admission
- Representative: A participant may appoint one at any time; certain appointed-defense provisions apply if none is appointed (Art. 455-41).
- Case file: A lawyer representative may inspect and copy or photograph the trial file and exhibits. A participant without a lawyer can request copies on payment, subject to privacy and other limits (Art. 455-42).
- Notice: The participant and representative receive preparation and trial hearing notices (Arts. 455-43–455-44).
- Views: After each item of evidence, the presiding judge asks for views and provides an appropriate chance to discuss its probative value. The participant can state views on the sentencing range before sentencing (Arts. 455-46–455-47).
Protections without formal participation
During investigative questioning or when present at trial, a consenting victim may be accompanied by a family member, physician, psychologist, counselor, social worker or trusted person (Code of Criminal Procedure, Arts. 248-1, 271-3). Prosecutors and courts must take care to protect the victim's privacy and may use screens or other separation measures (Arts. 248-3, 271-2).
At trial, the victim or family is generally summoned and given an opportunity to speak, subject to statutory exceptions (Art. 271(2)). A complainant or victim may give reasons and ask the prosecutor to appeal a judgment (Art. 344(3)).
Protection services
The Crime Victim Rights Protection Act covers people whose sexual autonomy was violated by crime, people seriously injured by crime and their families, and families of people killed by crime (Art. 13). The protection organization and branches may accompany people to court, help them seek trial participation, provide counseling and refer medical, financial and housing support (Art. 15). Assessed assistance may include medical, counseling, court and lawyer costs (Art. 16). Police and prosecutors must inform victims of protection-service and compensation rights (Art. 12(2)).
On request, prosecutors or courts may provide case progress through the victim criminal-procedure information platform, excluding juvenile cases (Art. 26(1)). Victims bringing civil damages claims against offenders are temporarily exempt from advance court fees (Art. 25(1)). In cases involving an intentional offense causing death or serious injury, or an offense against sexual autonomy, when a defendant is released from pretrial detention, a court may require no harassment, contact, following or approach near home or work for up to two years if needed (Art. 35(1)).
State victim compensation
| Category | Who may qualify | Statutory amount (NT$) |
|---|---|---|
| Sexual-assault compensation | A person whose sexual autonomy was violated by crime | 100,000–400,000 |
| Serious-injury compensation | A person seriously injured by crime | 800,000–1,600,000 |
| Survivor compensation | Qualifying family of a person killed by crime | 1,800,000 |
Apply in writing with supporting documents to the compensation review committee at the district prosecutors' office for the place of the crime (Arts. 61–62). The claim generally expires five years after learning of the victimization and ten years after the event; a minor victim may still apply within five years after adulthood (Art. 63). For urgent need, temporary compensation up to NT$400,000 may be available (Arts. 68–69). A fee agreement to have someone apply on a victim's behalf is invalid (Art. 73(2)). The Act's compensation chapter took effect on July 1, 2023. Eligibility and reductions depend on the Act's conditions; the amounts are not automatic.
When to seek advice
Ask about eligibility and timing before applying for participation, preparing views on evidence or sentencing, or submitting a compensation application. This page provides general information, not individual legal advice.