Taiwan Criminal Compensation Recipients Database
Taiwan Criminal Compensation Recipients Database
The Criminal Compensation Act provides redress to innocent people harmed by criminal proceedings. Over the past 12 years, how many cases have the courts compensated, how many people received compensation, and how much public money has been paid out for wrongful detention and imprisonment? This database compiles every case in which compensation was granted from 2011 to 2023, so the answers are clear at a glance.
What is the Criminal Compensation Act?
The Criminal Compensation Act (named the Compensation Act for Wrongful Detentions and Executions prior to the 2011 amendment) is a law designed to compensate innocent people harmed by criminal prosecution. Under Articles 1, 2, and 6 of the Act, people who were wrongfully detained in the course of a prosecution may claim compensation from the state. In principle, for every day of detention suffered, NT$3,000 to NT$5,000 in compensation may be awarded.
However, over the past decade or so, under Article 7 of the former Criminal Compensation Act (in force from September 1, 2011 to December 16, 2023, now deleted), where the claimant was found to bear an "attributable cause" and the standard rate was deemed clearly excessive, the daily rate could be reduced to NT$1,000 to NT$3,000.
In court practice, "attributable cause" was often found in baffling circumstances. For example, if a person had confessed during interrogation, the court might treat the confession or "inconsistent statements" as an attributable cause and cut the compensation, ignoring entirely the possibility that the confession had been extracted through torture. This often meant secondary victimization for those already wrongfully detained.
Taking the widely known Su Chien-ho Case as an example, the court disregarded the fact that Su Chien-ho and the other two defendants confessed due to "torture," and instead used their confessions as a reason to reduce their daily compensation to NT$1,200 and NT$1,300. There could be no greater humiliation by the state toward victims of wrongful convictions. (The Constitutional Court declined to hear this dispute: Constitutional Court Ruling 112-Hsien-Tsai-149 (2023).)
Fortunately, the aforementioned provision was deleted in the December 2023 amendment to the Criminal Compensation Act. However, this amendment failed to address the injustice suffered by victims whose compensation was reduced under this provision over the past decade or so.
To understand how much compensation people wrongfully detained actually received, the JRF worked with journalist Meng Chia-mei to build the "Taiwan Criminal Compensation Recipients Database," compiling every case in which compensation was granted while the former Act was in force (September 1, 2011 to December 16, 2023).
Overview of Criminal Compensation
Statistical Period: September 1, 2011 to December 16, 2023 (12 years and 105 days)
Ordinary Courts
Received 3,610 cases during the period; 1,273 were dismissed; total compensation paid exceeded NT$524.78 million.
A search of the Judicial Yuan Law and Regulations Retrieving System found 1,220 compensated persons (compared with Judicial Yuan statistics, decisions for 81 persons were not published; 38 persons filed claims under the old law and are therefore excluded from Judicial Yuan statistics).
Among the published cases, 289 persons (approx. 22%) had their compensation reduced due to an "attributable cause" under Article 7 of the former law.
Military Courts and Military Prosecutor's Offices
Excluding 13 cases transferred to other agencies, there were 102 cases during the period; total compensation paid exceeded NT$119.55 million.
Among the 17 recipients, 10 had their compensation reduced (59%).
Prosecutors' Offices
Data is incomplete (decision documents were not fully published, and some agencies such as the Taipei and Taichung District Prosecutors' Offices have no data. However, the remarks column of decisions rendered by the Judicial Yuan's Criminal Compensation Court shows that the decisions under review in its review cases included criminal compensation decisions rendered by the Taipei and Taichung Prosecutors' Offices, but these were not published).
Among the 26 recipients, 19 had their compensation reduced (73%); total compensation paid was NT$3,401,000.
Offenses in the Original Cases (Top Three)
| Rank | Offense | Number of Persons | Percentage |
|---|---|---|---|
| 1st | Corruption | 343 persons | 27.1% |
| 2nd | Drug offenses | 294 persons | 23.2% |
| 3rd | Fraud | 130 persons | 10.2% |
The December 2023 amendment failed to address the injustice suffered by victims whose compensation was reduced under the "attributable cause" provision over the past decade or so.
── Judicial Reform FoundationData Sources and Retrieval Methods
For a detailed description of the retrieval methods for this database, please refer to the attached explanatory document.
Ordinary Courts
- Judicial Yuan Law and Regulations Retrieving System (courts: 1,254 cases; prosecutors' offices: 3 cases)
- District Court Criminal Compensation Cases: Received and Closed
- High Court Criminal Compensation Cases: Received and Closed
- Supreme Court Criminal Compensation Cases: Closed
Military Courts, Military Prosecutor's Offices, and Prosecutors' Offices
- Executive Yuan Gazette Online (Military Courts and Military Prosecutor's Offices: 17 cases; Prosecutors' Offices: 23 cases)
- Ministry of National Defense Criminal Compensation Cases Inventory for Military Courts and Prosecutor's Offices at all levels (provided by the Legal Affairs Directorate of the Ministry of National Defense)
- Period Covered: September 1, 2011 to December 16, 2023 (i.e., the effective period prior to the amendment of the Criminal Compensation Act). After the President promulgated the amended provisions on December 15, 2023, Article 7 was deleted. See the Judicial Yuan Press Release for details.
- Regarding Missing Prosecutors' Office Data: Since prosecutors' office decisions are not included in the Judicial Yuan Law and Regulations Retrieving System, searches were conducted in the Executive Yuan Gazette Online; however, not all decisions are published there, so some prosecutors' office data is missing (e.g., decisions from the Taipei and Taichung District Prosecutors' Offices were not found).
- Counting Method: Since a single case may involve compensation for two or more persons whose circumstances differ, this database counts by person, totaling 1,263 persons (Ordinary Courts 1,220 persons + Military Courts and Military Prosecutor's Offices 17 persons + Prosecutors' Offices 26 persons).
- Numbering: Entries are ordered by deciding agency and then by case number. Decisions at different instances in the same matter are treated as one case, with each decision noted separately in the "Remarks" column.
- For other special circumstances, please refer to the remarks column in the database.
Author: Meng Chia-mei
Database Contributors: Liao Wei-cheng, Lü Cheng-yen, Ch'en You-chia, Yeh Yu-jou, Hsieh Hsin-hua, Huang Yu-chieh, Wang Ruo-chin
Acknowledgements: Special thanks to the Judicial Yuan and the Legal Affairs Directorate of the Ministry of National Defense for taking the time to assist in providing data for statistical purposes.
Unfinished Business in the Reform of the Criminal Compensation Act
A database is more than a set of numbers; it is a starting point for judicial reform. Below are the JRF's four recommendations for reforming the Criminal Compensation Act:
Provide a Remedy for Those Whose Compensation Was Reduced
The December 2023 amendment deleting Article 7 was well-intentioned, but it provided no remedy for those whose compensation had already been reduced, compounding the harm. The JRF recommends a future amendment adding grounds for reopening these decisions.
Cover Serious Harms Beyond Loss of Liberty
Proposed compensation grounds that do not involve deprivation of liberty (serious losses to personality rights other than personal liberty) were not passed in this amendment. The JRF calls for the amendment process to be restarted promptly to fully protect innocent people subjected to criminal prosecution.
Publish All Decisions and Make Them Searchable
The JRF recommends that criminal compensation decisions by prosecutors' offices, military courts, and military prosecutor's offices be published and made searchable in the same way as ordinary court judgments, to ensure transparency and accountability.
Investigate the Causes of Wrongful Convictions
Article 27-1, passed in the December 2023 amendment, requires the Judicial Yuan to conduct investigations and analyses into the causes of miscarriages of justice after compensation is finalized. The JRF calls on the Judicial Yuan to implement this provision and regularly publish investigation and research reports.
Further Reading and Acknowledgements
Special thanks to journalist Meng Chia-mei for her dedication and attention to this issue, independently organizing most of the content of this database and providing raw data to help the JRF complete the database.
In-depth reports written by Meng Chia-mei in The Reporter:
〈12 Years of Criminal Compensation Act Amendments (Part 1): Judicial Miscarriages—How Is Deprived Freedom Priced in Money?〉
〈12 Years of Criminal Compensation Act Amendments (Part 2): "Innocence Is No Longer Possible"—Inside the Cage of Trauma, Wrongful Conviction Survivors Await Judicial Empathy〉
These two reports vividly show how harsh the reduction of compensation for "attributable cause" has been, and they greatly informed the project team's research.
We also sincerely thank the Judicial Yuan and the Legal Affairs Directorate of the Ministry of National Defense for taking the time to assist in providing data for statistical purposes.
2026
Sidelights | President Lai, What You Truly Should Care About on International Day in Support of Victims of Torture: Questioning Where the State's Responsibility Lies Through the Cases of Chiou Ho-shun and Su Chien-ho
While Su Chien-ho's criminal case resulted in a final acquittal back in 2012, his civil compensation litigation is…
2024
Press Conference | Coerced Confessions Followed by Unjust Deductions from Wrongful Imprisonment Compensation: What Does the Judiciary Still Owe Su Chien-ho and the Other Two?—Civil Society Organizations' Response to the Constitutional Court's Dismissal Ruling
Last Friday (December 29, 2023), regarding the petition filed by wrongful imprisonment victims Su Chien-ho, Liu…
2023
Op-Ed | How Much More to Repair the Trauma? Discussing the Recent Amendment to the Criminal Compensation Act from the Perspective of the Su Chien-ho Case
Since the Criminal Compensation Act (formerly known as the Act for Wrongful Detention Compensation) took effect on…
2023
Bill Provisions | JRF Version of the Amendment to Article 40-2 of the Criminal Compensation Act
1. In response to the deletion of Article 7 in this amendment, and to thoroughly review past instances where…
2014
Did the Ministry of National Defense Accidentally Win a Rigged Game?
Winning a lawsuit usually brings joy. In the civil liability proceedings of the Chiang Kuo-ch'ing case, where the…
2014
The Ministry of National Defense's Litigation Scorecard? Indict Ch'en Chao-min! Seek Compensation for the Wrongful Execution! ~ Press Release and Post-Judgment Statement
Although Chiang Kuo-ch'ing has been cleared, he has yet to be truly vindicated. We demand that the state courageously…
2013
Joint Statement Regarding the Criminal Compensation Ruling in the Su Case
Regarding today's (10th) High Court Ruling 101-Xing-Pu-Zi No. 36 concerning the petition for criminal compensation…
2013
Judge Rebukes Ministry of National Defense for Delaying Tactics, Four Hearings Yield No Progress—Post-Court Observation Statement on the Ministry of National Defense's Civil Suit for Compensation against Ch'en Chao-min and Others in the Chiang Kuo-ch'ing Case
Regarding today's (13th) civil court hearing on the Ministry of National Defense seeking compensation from Ch'en…
2013
"The Court is a Battlefield, and the Ministry of National Defense is Missing the Target!?" ~ Indict Ch'en Chao-min and Claim Compensation for Wrongful Execution! ~ Event Series (8)
Although Chiang Kuo-ch'ing has been cleared, he has yet to receive true vindication. We demand that the state…
2012
Court Hearing for the Chiang Kuo-ching Case Compensation Claim: Ministry of National Defense, Please Step It Up! ~ Post-Court-Observation Statement by the Citizens' Court Observation Group on the Ministry of National Defense's Claim for Compensation Against Ch'en Chao-min and Others
Regarding today's (the 21st) civil court hearing on the Ministry of National Defense's claim for compensation for the…
2012
Please Seriously and Solemnly "Hold Them Accountable", Formation Event! — "Indict Ch'en Chao-min, Seek Compensation for Wrongful Execution!" Series of Events
If you have been following the Chiang Kuo-ch'ing case, you will notice that following the President's apology and state…
2012
Who Should Foot the Bill for Chiang Kuo-ch'ing's Wrongful Execution? ~ Press Conference on the Citizens' Court Observation of the Ministry of National Defense's Claim for Damages Against Ch'en Chao-min et al.
Following successive seizure and attachment procedures, the Taipei District Court finally officially initiated the…
