中華民國刑法暨其施行法英譯(6) 刑法 第二章 刑事責任英文 12-24
第 一 編 總則
第 一 章 法例 § 1-11
第 二 章 刑事責任 § 12-24 [ Chapter 2 Criminal Responsibility]
A conduct is not punishable unless committed intentionally or negligently.
Negligent conduct is punishable only if specifically so provided.
第 12 條
A conduct (act) is committed intentionally if the actor knowingly and intentionally causes the accomplishment of the elements of an offense.
A conduct (act) is considered an intentional commission of an offense if the actor is aware that the act will accomplish the elements of the offense and if such accomplishment is not against his will.
第 13 條
A conduct (act) is committed negligently if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances.
A conduct (act) is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish an element.
第 14 條
行為人對於構成犯罪之事實，雖預見其能發生而確信其不發生者，以過失論。(note: the concept of foreseeability )
A person who has a legal obligation and is able to prevent the results of the occurrence of an offense but has failed to do so shall be considered to have caused the occurrence of the result through his omission to act.
If a conduct of a person causes the danger of producing the result of an offense, the person has a legal obligation to prevent the occurrence of the result.
第 15 條
Criminal responsibility shall not be excused simply because of ignorance of the law unless there are rightful reasons for being unable to avoid the offense, but the punishment may be reduced according to situations.
第 16 條
除有正當理由而無法避免者外，不得因不知法律而免除刑事責任。但按其情節，得減輕其刑。(note: Ignorance of the law is no defense. )( What is a “rightful reason?” check presedents.)
Increased punishment prescribed for a certain specified aggravated result of an offense shall not apply if the actor cannot be aware of ( foresee) the aggravated result of the offense.
第 17 條
An offense committed by a person who is under fourteen years of age is not punishable.
Punishment may be reduced for an offense committed by a person over the age of fourteen but under the age of eighteen
Punishment may be reduced for an offense committed by a person who was over the age of eighty.
第 18 條
An offense is not punishable if it is committed by a person who is handicapped by mental disease or defect and, as a result, is unable or less able to judge his act.
The punishment may be reduced for an offense committed for the reasons mentioned in the preceding paragraph or as a result of obvious reduction in the ability of judgment.
Provisions prescribed in the two preceding paragraphs shall not apply to a person who intentionally brings about their own handicap or mental defect.
第 19 條
Punishment may be reduced for an act committed by a person who is deaf and dumb.
第 20 條
A act performed in accordance with law or order is not punishable.
Act performed by a public official in line of his duties or on orders of his superior is not punishable unless the official knows that such orders are against the law.
第 21 條
Article 22 A proper act performed in the course of due business is not punishable.
第 22 條
Article 23 (self defense)
An act performed by a person in defense of his own rights or the rights of another against immediate unlawful aggression thereof is not punishable. If the force of defense is excessive, punishment may be reduced or remitted.
第 23 條
A conduct performed by a person to avert imminent danger, otherwise unavoidable to the life, person, freedom, or property of himself or of another is not punishable. If the measure of averting danger is excessive, punishment may be reduced or remitted.
The provisions of the preceding paragraph relating to averting danger to him do not apply to a person acting under an obligation resulting from his official or business duties.
第 24 條
By Wanli.Yang 2009.9.26