legal department.

(Photo by reporter Wu Zhengfeng)

[Reporter Wu Zhengfeng/Taipei Report] On the 7th, the Legislative Yuan passed the third reading of the Criminal Law to amend Chapter 28-1 "Crime of Interfering with Privacy and False Videos" and "Law on the Protection of the Rights and Interests of Crime Victims". The Sexual Violence Protection Network provides comprehensive protection for vulnerable groups.

The Ministry of Justice pointed out that the development and application of digital information technology and artificial intelligence, and the use of computer synthesis or other technological methods (such as deepfake deep forgery technology) to produce false images seriously violate the privacy and personality rights of others; Crimes related to sexual violence on the road, the harm to the victim is even more indelible, and the current relevant punishment regulations alone are not enough to fully evaluate the criminal nature of the perpetrator and the actual harm of the behavior. Therefore, an amendment was proposed and passed by the Legislative Yuan on the 7th. , which will come into effect three days after the President's promulgation.

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The Ministry of Justice explained that the amendments to some provisions of the Criminal Law, through special chapters for protection and aggravated crimes, demonstrate the government’s determination to crack down on crimes that infringe privacy and keep its promise to protect the privacy of the public. "Privacy and False Video Crime Chapter" to highlight the protection of sexual privacy and personality rights.

The crime of recording sexual images without the consent of others has been added, and the maximum penalty is 3 years in prison.

If there is an act of dissemination, it shall be sentenced to fixed-term imprisonment of not less than 6 months and not more than 5 years; if there is an act of distributing with the intention of making a profit, it shall be sentenced to fixed-term imprisonment of not less than 9 months and not more than 7 years but not more than 6 months.

Added the crime of rape and coercion to record sexual images, the heaviest penalty is 5 years in prison.

If there is dissemination, it shall be sentenced to fixed-term imprisonment of not less than 1 year but not more than seven years; if there is dissemination with the intention of making a profit, it shall be sentenced to fixed-term imprisonment of not less than 1 year and 6 months but not more than 10 years and 6 months.

The crime of distributing sexual images without the consent of others is added, with a maximum penalty of 5 years of fixed-term imprisonment; the crime of making or distributing false sexual images of others (deep forgery) is added, with a maximum penalty of 5 years of fixed-term imprisonment.

If there is an intentional profit-making behavior, the heaviest penalty is 7 years of fixed-term imprisonment.

Article 91-1 of the Criminal Law was also amended to stipulate that the period of compulsory treatment for sexual assault shall be extended regularly without limitation, in order to maintain the safety of the community and take into account the rights and interests of treatment.

In addition, the "Law on the Protection of the Rights and Interests of Crime Victims", which was passed on the 7th, has been upgraded from the previous "compensation" and "protection" to emphasize "dignity" and "empathy". Achievements: Clarify inter-ministerial powers and responsibilities and construct a service network; Strengthen family-centered case services; Supplement the long-term care needs of seriously injured victims and reduce the burden of family care; Add a special chapter on "Crime Victim Protection Orders" to strengthen personal safety protection, And include the types of victims of "digital/cyber sexual violence crimes"; standardize the basic principles of restorative justice.

Among them, the most important thing is to fundamentally revise the regulations and positioning of compensation, and regard compensation to victims as the responsibility of the state. The fixed amount of compensation is 1.8 million yuan for death cases, 800,000 yuan to 1.6 million yuan for serious injury cases, and 100,000 yuan to 400,000 yuan for sexual assault. After receiving the compensation, the family members of the victim can still seek compensation from the perpetrator without deducting the amount of compensation already received; in addition, the efficiency of deliberation is accelerated to reduce secondary injuries.