中華民國刑法暨其施行法英譯(3)刑法英文41-47

中華民國刑法暨其施行法英譯(3) 刑法英文41-47

[刑法英文全文各章節 http://wanliyang.blogspot.tw/2009/10/blog-post.html ]

刑法英文版第1條至第9條中英對照 Taiwan criminal law

Article 41
In an offense that carries a maximum principal punishment of not more than five years’ imprisonment, if the offender is sentenced to imprisonment for not more than six months or short-term imprisonment, the punishment may be commuted to a fine at a daily rate of NTD one thousand, two thousand or three thousand. This provision does not apply to the cases in which the commutation of the pronounced punishment as imposed is manifestly of little corrective effect, or the legal order cannot be maintained.
The previous paragraph also applies to the cases of combined punishment for multiple offenses, and those in which the punishment to be executed does not exceed six months.
刑法第 41 條：「犯最重本刑為五年以下有期徒刑以下之刑之罪，而受六個月以下有期徒刑或拘役之宣告者，得以新臺幣一千元、二千元或三千元折算一日，易科罰金。但確因不執行所宣告之刑，難收矯正之效或難以維持法秩序者，不在此限。（第1項）依前項規定於數罪併罰，並應執行之行刑未逾六月者，亦適用之。（第2項）」

Article 42
A fine must be paid in full within two months after judgment has been finalized. If full payment is not made within the two-month period, a compulsory execution shall be ordered. If the offender cannot afford the payment, the fine shall be commuted to labor service. If his economic or credit condition does not allow him to pay within the prescribed two months, he may be allowed to pay by installments within a year after the expiration of the prescribed period. When one installment is delayed or not paid in full, the convicted may be forced to pay the rest amount of the fine. In this case, the fine may be commuted to labor service.
If the afore-mentioned compulsory execution is taken in accordance with the provisions of the preceding paragraph and it is found that the convicted has no property for execution, the fine may directly be commuted to labor service.
The commutation of a fine to labor service shall be calculated at the rate of NTD one thousand, two thousand or three thousand a day but the period of labor service shall not exceed a year.
If the conversion rates for commuting a fine to labor service calculated according to subparagraph 7 of Article 51 are different, the rate for the longest period of labor service shall apply.
If the total amount of a fine calculated by the day exceeds the number of days of a year, the ratio of the total amount to the days of a year shall be used in the calculation and the time limit provided for in the preceding paragraph shall also apply.
The judgment on the fine shall include the conversion rate pursuant to the provisions of the two previous paragraphs.
A fractional part of a day resulting from the commutation of a fine to labor service shall not be considered.
If a payment is made during the period of labor service commuted from a fine, the amount paid shall be converted to days at the rate fixed in the judgment and these days shall be deducted from the period of labor service accordingly.
刑法第 42 條：「罰金應於裁判確定後二個月內完納。期滿而不完納者，強制執行。其無力完納者，易服勞役。但依其經濟或信用狀況，不能於二個月內完納者，得許期滿後一年內分期繳納。遲延一期不繳或未繳足者，其餘未完納之罰金，強制執行或易服勞役。（第1項）依前項規定應強制執行者，如已查明確無財產可供執行時，得逕予易服勞役。（第2項）易服勞役以新臺幣一千元、二千元或三千元折算一日。但勞役期限不得逾一年。（第3項）依第五十一條第七款所定之金額，其易服勞役之折算標準不同者，從勞役期限較長者定之。（第4項）罰金總額折算逾一年之日數者，以罰金總額與一年之日數比例折算。依前項所定之期限，亦同。（第5項）科罰金之裁判，應依前二項之規定，載明折算一日之額數。（第6項）易服勞役不滿一日之零數，不算。（第7項）易服勞役期內納罰金者，以所納之數，依裁判所定之標準折算，扣除勞役之日期。（第8項）」）

Article 43
A sentence to short-term imprisonment or a fine may be commuted to a reprimand when the motive for committing the offense is clearly excusable from the standpoint of public interest or justice.
刑法第4 3 條：「受拘役或罰金之宣告，而犯罪動機在公益或道義上顯可宥恕者，得易以訓誡。」

Article 44
When the execution of a punishment commuted to a fine, labor service or reprimand is completed, the punishment pronounced in the sentence is deemed to have been executed.
刑法第 44 條：「易科罰金、易服勞役或易以訓誡執行完畢者，其所受宣告之刑，以已執行論。」

Article 45
A period of punishment shall be calculated from the day on which the judgment becomes final.
Notwithstanding that the judgment has been finalized, the number of days during which the offender has not been held in custody shall not be included in the calculation of the period of punishment.
刑法第4 5 條：「刑期自裁判確定之日起算。（第項）裁判雖經確定，其尚未受拘禁之日數，不算入刑期內。（第2項）」

Article 46
Each day an offender is detained prior to the judgment shall be counted as a day of serving imprisonment or short-term imprisonment, or a converted fine determined according to paragraph 6 of Article 42.
Where the days of detention can not be deducted according to the preceding paragraph, each detained day may be counted as a day of the restriction on personal freedom if he is pronounced to a rehabilitative measure.
刑法第 46 條：「裁判確定前羈押之日數，以一日抵有期徒刑或拘役一日，或第四十二條第六項裁判所定之罰金額數。（第1項）羈押之日數，無前項刑罰可抵，如經宣告拘束人身自由之保安處分者，得以一日抵保安處分一日。（第2項）」

Article 47
A person, who intentionally commits an offense with a minimum punishment of imprisonment within five years after having served a sentence of imprisonment or having been pardoned after serving part of the sentence, is a recidivist. The principal punishment for a recidivist .shall be increased up to one half.
A person, who has fully served a forced labor or been remitted after serving part of the labor pursuant to paragraph 2 of Article 98 regarding imprisonment remission for the labor, shall be deemed as a recidivist if he, within five years after having served the labor , intentionally commits an offense with a minimum punishment of imprisonment.
刑法第 47 條：「受徒刑之執行完畢，或一部之執行而赦免後，五年以內故意再犯有期徒刑以上之罪者，為累犯，加重本刑至二分之一。（第1項）第九十八條第二項關於因強制工作而免其刑之執行者，於受強制工作處分之執行完畢或一部之執行而免除後，五年以內故意再犯有期徒刑以上之罪者，以累犯論。（第2項）」

各國刑法英文版 、
中華民國刑法暨其施行法英譯(1)刑法總則用語 、
中華民國刑法暨其施行法英譯(2)刑法英文1-9 、
中華民國刑法暨其施行法英譯(5)刑法英文10-11 、
中華民國刑法暨其施行法英譯(3)刑法英文41-47 、
中華民國刑法暨其施行法英譯(4)刑法英文48-56 、
刑法法條中文版、
Taiwan Law 、
刑法法條中文Taiwan Criminal Law(in chinese version)、