Act to Restore Victim's Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule Article 11
For the purposes of the restoration of rights in respect of deprivation of ownership specified in Article 10 of this Act, where the target property in question is currently a public property with a status of abolishment of the intended use, desuetude, low-level usage or uneconomical usage, the property in question shall be returned to the application. Where the target property in question has since been acquired by illegitimate means by a third party other than a government agency and at the critical time nonetheless still belongs to the said third party, the said third party shall be ordered to return the property in question to the application.Where the circumstances specified in Paragraph 1 of this Article are not attached to the characters of the target property in question, or the target property in question has been destroyed or lost so as a return is not possible, a monetary compensation in accordance with provisions of this Act shall be provided. Nevertheless, the foregoing shall not be applicable to situations where the target property in question involves an item of a contraband nature, which will render the target property in question not an object on which a apply of return or compensation may rest.Where a third party other than a government agency referred to in Paragraph 1 of this Article has participated in an illegal acts of the State that deprived the ownership of a victim's property, and the said third party had acquired the said property in question from the State nonetheless, the said property shall be deemed as having been acquired by an illegitimate means, that is, that said property is ill-gotten property.Any disposition of Ill-gotten property referred to in Paragraph 3 of this Article shall be prohibited from the date this Act is promulgated, and where the said ill-gotten property is by law subject to registration, the Restoration of Rights Foundation shall request the competent registration agency to register it as one of restricted transaction. Where the said ill-gotten property is in the form of deposits or securities that are deposited or kept in a financial institution, the Restoration of Rights Foundation shall issue a notice to the financial institution concerned to freeze the relevant accounts.Where a property that is subject to a return in accordance with Paragraph 1 of this Article is a piece of land or a building, detailed regulations with regard to the procedures for the transfer of ownership, the necessary documents that shall be submitted, and other relevant matters shall be drafted by the Restoration of Rights Foundation and submitted to the Executive Yuan for approval.
中文原文 威權統治時期國家不法行為被害者權利回復條例第11條
前條財產所有權被剝奪之權利回復,原財產現屬公有財產而有用途廢止、閒置、低度利用或不經濟使用者,應返還原財產;原財產有政府機關以外之第三人不當取得,而仍屬第三人所有之情事者,應命該第三人返還原財產。
原財產無前項情形,或已滅失致不能返還時,依本條例規定以金錢賠償之。
但違禁物不予返還或賠償。
第一項政府機關以外之第三人曾參與國家不法行為致被害者原財產所有權被剝奪,該第三人仍自國家受讓該原財產者,為不當取得原財產。
前項不當取得之原財產,自本條例公布之日起禁止處分之,如依法設有登記者,權利回復基金會得囑託該管登記機關辦理限制登記;如係寄託或保管於金融機構之存款或有價證券,得通知金融機構凍結其帳戶。
依第一項規定返還之原財產為土地或建物時,其所有權移轉之辦理程序、應檢附文件及其他相關事項之辦法,由權利回復基金會擬訂,報請行政院核定。
原財產無前項情形,或已滅失致不能返還時,依本條例規定以金錢賠償之。
但違禁物不予返還或賠償。
第一項政府機關以外之第三人曾參與國家不法行為致被害者原財產所有權被剝奪,該第三人仍自國家受讓該原財產者,為不當取得原財產。
前項不當取得之原財產,自本條例公布之日起禁止處分之,如依法設有登記者,權利回復基金會得囑託該管登記機關辦理限制登記;如係寄託或保管於金融機構之存款或有價證券,得通知金融機構凍結其帳戶。
依第一項規定返還之原財產為土地或建物時,其所有權移轉之辦理程序、應檢附文件及其他相關事項之辦法,由權利回復基金會擬訂,報請行政院核定。