Act on Promoting Transitional Justice Article 6

Criminal prosecutions carried out or sentences imposed during the period of authoritarian rule that violated the liberal democratic constitutional order and the principle of fair trial shall be re-investigated without regard to the provisions of Article 9 of the National Security Act in order to redress judicial wrongs, highlight judicial fairness, rectify education on the rule of law and human rights, and promote social reconciliation.The process of redressing judicial wrongs as provided for in the preceding paragraph may involve identifying perpetrators and holding them accountable, restoring and paying compensation for the damaged reputations and rights of victims or their families, and restoring the historical truth of judicial wrongs as well as making them public.Where a person matching either of the following descriptions has been criminally tried on the basis of the same reasons and facts, the conviction and any punishment, any rehabilitative measure and pronouncement of confiscation, any rehabilitative measure that is pronounced separately, any confiscation that is pronounced separately, or other ruling or disposition that puts restrictions on personal freedom rendered against that person shall be deemed revoked from the date on which this Act enters into force, and the revocation shall be publicly announced:1. A criminal trial case under which a victim or a convict who has received reparations, compensation, or restoration of damaged rights pursuant to the February 28 Incident Disposition and Compensation Act, the Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period, or the Act Governing the Recovery of Damage of Individual Rights during the Period of Martial Law.2. A criminal trial case not meeting the description in the preceding subparagraph, but has nevertheless been determined by TJC, acting ex officio or upon application, to be a judicial wrong that must be redressed under this Act.The previous paragraph shall apply mutatis mutandis to a disposition that puts restrictions on personal freedom or is against property for criminal cases prosecuted by a public prosecutor or a military prosecutor under Paragraph 1.Criminal records that are revoked pursuant to the provisions of the preceding two paragraphs, including convictions, rulings or dispositions that are pronounced separately, and dispositions that are related to a prosecution, shall be expunged from the record.Where an application as contemplated in Paragraph 3, Subparagraph 2 and Paragraph 4 is rejected by the TJC, the applicant may—acting within 20 days from the day after the day of its receipt of notice of rejection, and on the basis of the matters set forth in Paragraph 1—file an appeal, a motion to setting aside court rulings or a petition of revocation, against the conviction, the ruling or disposition which is pronounced separately, or the disposition that is related to a prosecution in a specialized court established by the Taiwan High Court or any of its branches.Where the accused is deceased, or where the trial cannot proceed because the accused has failed to appear in court on the trial date as contemplated in the Code of Criminal Procedure, or where the provisions of Article 303, Subparagraph 5 of the Code of Criminal Procedure apply, the provisions of the preceding paragraph shall not apply.Where the type of case contemplated in Paragraph 6 is to be tried by a specialized court established by the Taiwan High Court or any of its branches, the structure and procedural rules of that court shall be prescribed by the Judicial Yuan.