Article 48After the judgment has been finalized and an offender is found to be a recidivist, his punishment shall be increased in accordance with the provisions of the preceding article unless the fact is revealed after his sentence is fully served or his punishment is pardoned.
裁判確定後，發覺為累犯者，依前條之規定更定其刑。但刑之執行完畢或赦免後發覺者，不在此限。第48條之「更定其刑」 his punishment shall be increased in…
Provisions relating to recidivism shall not apply if the prior offense is decided by a foreign tribunal.
Punishments for several offenses committed before a judgment is finalized shall be combined.
Article 51In combining punishments for several offenses, the punishment for each offense shall be pronounced separately and executed in accordance with the following provisions:
1.When several sentences of death penalty have been pronounced, only one of such sentences shall be executed.
2.When the most severe sentence pronounced is death penalty, no other punishment except fines and subordinate punishments shall be executed.
3.When several sentences of life imprisonment have been pronounced, only one of such sentences shall be executed.
4.When the most severe sentence pronounced is life imprisonment, no other punishment except fines and subordinate punishments shall be executed.
5.When several sentences of imprisonment have been pronounced, the period of punishment shall be fixed at not less than the longest period of these punishments and not more than the sum of the periods of these punishments, but shall not exceed thirty years.
6.When several sentences of short-term imprisonment have been pronounced, the period of punishment to be executed shall be fixed in accordance with the preceding subparagraph but shall not exceed one hundred and twenty days.
7.When several fines have been pronounced, the amount of the fine to be paid shall be fixed at not less than the largest of these fines and not more than the sum of these fines.
8.When several deprivations of citizen’s rights for a definite period have been pronounced, only the longest one shall be executed.
9.When several confiscations have been pronounced, all such confiscations shall be executed.
10.All the punishments fixed in accordance with subparagraphs 5 through 9 shall be executed; provided the punishments to be executed are an imprisonment for not less than three years and a short-term imprisonment, the short-term imprisonment shall not be executed.
第51條之「數罪併罰」 in combining punishments for several offenses,
第51條之「從刑」 subordinate punishments第51條之「定其刑期」 the period of punishment shall be fixed at(in)…第51條之「但」 but
第51條之「前款」 the preceding subparagraph第51條之「禠奪公權」 deprivations of citizen’s rights第51條之「沒收」 confiscations
Article 52After the judgment of combined punishments for several offenses has been finalized, a separate decision shall be made for an offense committed before but discovered after the judgment.
數罪併罰，於裁判確定後，發覺未經裁判之餘罪者，就餘罪處斷。第52條之「數罪併罰」 …of combined punishments for several offenses第52條之「就餘罪處斷」 a separate decision shall be made
When there exist two or more judgments, the punishments shall be fixed in accordance with the provisions of Article 51 on combining punishments for several offenses.
第53條之「定其應執行之刑」 the punishment shall be fixed at(in)…
Article 54After a judgment of combined punishments has been finalized, if any of these offenses is pardoned, the punishment for the remaining offenses shall be fixed in accordance with the provision of Article 51. When only one offense remains not pardoned, the punishment shall be executed as pronounced.
第54條之「餘罪」 the remaining offenses
Article 55Where an act constitutes several offenses, only the most severe punishment shall be imposed. The punishment so imposed shall be not less than the minimum principal punishment for the least severe offense.
第55條之「ㄧ行為」 an act
第55條之「從ㄧ重處斷」 only the most severe punishment shall be imposed
第55條之「最輕本刑以下」the minimum principal punishment
Taiwan Law 、
刑法法條中文Taiwan Criminal Law(in chinese version)、
Wan-Li Yang 2009.05.12