Criminal Compensation Act Article 3

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.

(Restrictions on compensation claims)A person who seeks state compensation pursuant to the preceding two articles may not recover compensation if one of the following circumstances exists:1. Except for the applicable excuse specified in Paragraph 1, Article 18 or Paragraph 1, Article 19 of the Criminal Code, there is evidence sufficient to prove that the claimant who is not prosecuted or found "not guilty" shall be prosecuted, sentenced or exempted for sentence.2. A claimant who is partially found "not guilty" but found "guilty" for the remaining part of combining punishments for several offenses, the duration of the detention, detention for expert examinationor accommodation does not exceed the duration of the punishment for an offense fixed by the final adjudication of guilty, or execution of correction which puts restrictions on personal freedom.
中文原文 刑事補償法第3條
前二條之人,有下列情形之一者,不得請求補償:
一、因刑法第十八條第一項或第十九條第一項規定之事由而受不起訴處分或無罪判決時,如有證據足認為無該事由即應起訴或為科刑、免刑判決。
二、因判決併合處罰之一部受無罪之宣告,而其他部分受有罪之宣告時,其羈押、鑑定留置或收容期間未逾有罪確定裁判所定之刑、拘束人身自由保安處分期間。

English translation for reference only; the Chinese text prevails. Not legal advice.