Criminal Compensation Act Article 39

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.

(Retrospective application and statutes of limitations of retrial petitions)For those claimants who may file a petition of retrial under Article 21 of revised provisions of this Act that came into effect on June 14th, 2007, the petition shall be filed within two years after the revised provisions of this Act came into effect on June 14th, 2007.Within five years before the revised provisions of the Act came into effect on September 1, 2011, for the cases in which the claim was dismissed under Subparagraph 3, Article 2 of the provisions of this Act revised before June 13, 2011, the victim may file a petition of retrial within two years after September 1, 2011 to the agency rendering the original decision on the ground that the applicable law for the original final judgment is in contradiction with the Constitution.
中文原文 刑事補償法第39條
本法中華民國九十六年六月十四日修正之條文施行前,有第二十一條得聲請重審事由者,應自本法中華民國九十六年六月十四日修正之條文施行之日起二年內為之。
本法中華民國一百年九月一日修正施行前五年,依本法中華民國一百年六月十三日修正前條文第二條第三款駁回請求賠償之案件,受害人得自中華民國一百年九月一日起二年內,以原確定決定所適用之法律牴觸憲法為由,向原確定決定機關聲請重審。

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