Executive Yuan Passes Revisions to State Compensation Law 政院通過國賠法修正草案 放寬申請條件

The Executive Yuan has passed revisions to the State Compensation Law that lower the threshold for state compensation claims against judges. However, one prosecutor says the revision is filled with vague language that will pave the way for legal abuse.

Many people were injured during the Sunflower Student Movement in 2014, with 20-plus protestors later accusing the police of brutality and suing for state compensation. The Executive Yuan has passed draft amendments to the State Compensation Law to lower the threshold for state compensation claims and prevent the judicial system from infringing on human rights and freedom.

Lo Ping-cheng (Sept. 2, 2021), Executive Yuan Spokesperson:"Article 17 of the current law has been overhauled and expanded to Article 43 and also expands state compensation criteria for acts infringing on citizen freedoms and rights."

Originally, citizens could only file for state compensation if prosecutors or judges infringed on their freedom or rights during the course of an investigation or trial. If the revisions are promulgated, citizens can get state compensation on top of penalties against judicial officials including termination and dismissal.

Hsiao Yung-chang, Taipei City Prosecutor:"The proposed revisions fail to clearly and precisely explain why they were undertaken in the first place, and out of the blue. Which issues are these state compensation criteria addressing?"

One Taipei City prosecutor says the revisions pave the way for abuse of the law because they are filled with vague legal concepts open to interpretation that make judicial compliance impossible. In addition, the future inclusion of jury members means no one will be willing to serve on a jury. In response, the Judicial Yuan says different perspectives will be presented to lawmakers to protect judicial independence and human rights.



行政院發言人 羅秉成(110.9.2)表示:「現行條文是17條,全文修正後擴增到43條,也擴增司法官執行審判,或者是追溯職務,侵害人民自由,或權利的國家賠償責任要件。」


台北地檢署檢察官 蕭永昌表示:「提出的修正案,無法更清楚明確的告訴大家,為什麼我們今天會突發奇想地,增加這樣子的國賠要件。而我們這樣的國賠要件,是打算處理什麼樣的問題。」