Criminal Compensation Act Article 28
This English translation was last updated on 2011-07-06, but the Chinese text was amended on 2023-12-15. Later amendments may not be reflected in the translation — please refer to the Chinese text.
(Elements, period of the compensation payment claims and subtraction of the compensation amount)The claim of compensation payment shall be submitted to the adjudicating agency in writing with a copy of domicile certification attached. The claim shall be submitted within five years after the decision of claim is served to the claimant. The claimant's right to payment of compensation will be forfeited if the claimant fails to submit the request of payment before the specified deadline.Article 12 of this Act shall apply mutatis mutandis to the request of compensation payment submitted by the legal heir pursuant to the preceding paragraph.For a claimant of the compensation where the claim is made upon one and the same cause for which the claimant has already received compensation under other laws, the amount of the compensation shall be subtracted from the compensation payment awarded under the Act.
中文原文 刑事補償法第28條
補償支付之請求,應於補償決定送達後五年內,以書狀並附戶籍謄本向原決定機關為之,逾期不為請求者,其支付請求權消滅。
繼承人為前項請求時,準用第十二條之規定。
受害人就同一原因,已依其他法律受有賠償或補償者,應於依本法支付補償額內扣除之。
繼承人為前項請求時,準用第十二條之規定。
受害人就同一原因,已依其他法律受有賠償或補償者,應於依本法支付補償額內扣除之。