Criminal Compensation Act Article 9

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.

(Jurisdiction)An agency which renders the original adjudication or withdrawal of a prosecution, or an agent which renders the ruling of dismissal of a prosecution, "not guilty", "not to prosecute", "not entertained", "not to hear the case", "no protective measures", "revocation of rehabilitation measures" or dismissal of the application for rehabilitation measures, and the pronouncement of adjudications of the Subparagraph 5 and Subparagraph 6 of Article 1, shall have jurisdiction to adjudicate the claim of compensation. However, the local district court where the judicial court rendering the detention, detention for expert examination, accommodationor execution ruling is located or the claimant resides shall have jurisdiction to adjudicate the claim of compensation pursuant to Paragraph 7, Article 1 of this Act. The local Military Trial Court of criminal offenses shall have jurisdiction to adjudicate the claim of compensation under the Law of Military Trial.When the local court-martial which renders the original ruling is abolished or reorganized, the court-martial or prosecuting office which takes over the claim shall have jurisdiction to adjudicate the claim of compensation under the Law of Military Trial.
中文原文 刑事補償法第9條
刑事補償,由原處分或撤回起訴機關,或為駁回起訴、無罪、免訴、不受理、不付審理、不付保護處分、撤銷保安處分或駁回保安處分之聲請、諭知第一條第五款、第六款裁判之機關管轄。
但依第一條第七款規定請求補償者,由為羈押、鑑定留置、收容或執行之機關所在地或受害人之住所地、居所地或最後住所地之地方法院管轄;軍法案件,由地方軍事法院管轄。
前項原處分或裁判之軍事審判機關,經裁撤或改組者,由承受其業務之軍事法院或檢察署為管轄機關。

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