Chapter 2
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]
Article 12
A conduct is not punishable unless committed intentionally or negligently.
Negligent conduct is punishable only if specifically so provided.
第 12 條
行為非出於故意或過失者，不罰。
過失行為之處罰，以有特別規定者，為限。
Article 13
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
行為人對於構成犯罪之事實，明知並有意使其發生者，為故意。
行為人對於構成犯罪之事實，預見其發生而其發生並不違背其本意者，以故意論。
Article 14
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
行為人雖非故意，但按其情節應注意，並能注意，而不注意者，為過失。
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 )
Article 15
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
對於犯罪結果之發生，法律上有防止之義務，能防止而不防止者，與因積極行為發生結果者同。
因自己行為致有發生犯罪結果之危險者，負防止其發生之義務。
Article 16
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.)
Article 17
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
因犯罪致發生一定之結果，而有加重其刑之規定者，如行為人不能預見其發生時，不適用之。
Article 18
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
未滿十四歲人之行為，不罰。
十四歲以上未滿十八歲人之行為，得減輕其刑。
滿八十歲人之行為，得減輕其刑。
Article 19
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
行為時因精神障礙或其他心智缺陷，致不能辨識其行為違法或欠缺依其辨識而行為之能力者，不罰。
行為時因前項之原因，致其辨識行為違法或依其辨識而行為之能力，顯著減低者，得減輕其刑。
前二項規定，於因故意或過失自行招致者，不適用之。
Article 20
Punishment may be reduced for an act committed by a person who is deaf and dumb.
第 20 條
瘖啞人之行為，得減輕其刑。
Article 21
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
依法令之行為，不罰。
依所屬上級公務員命令之職務上行為，不罰。但明知命令違法者，不在此限。
Article 22 A proper act performed in the course of due business is not punishable.
第 22 條
業務上之正當行為，不罰。
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
對於現在不法之侵害，而出於防衛自己或他人權利之行為，不罰。但防衛行為過當者，得減輕或免除其刑。
Article 24
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
因避免自己或他人生命、身體、自由、財產之緊急危難而出於不得已之行為，不罰。但避難行為過當者，得減輕或免除其刑。
前項關於避免自己危難之規定，於公務上或業務上有特別義務者，不適用之。
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各國刑法英文版 、中華民國刑法英譯(1)刑法總則用語 、刑法英譯1-9 、刑法英譯10-11 、刑法英譯 12-24 、刑法英文 25-31 、刑法英文32-40 、刑法英譯41-47 、刑法英譯48-56 、刑法法條中文版、Taiwan Law 、刑法法條中文Taiwan Criminal Law(in chinese version)、
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By Wanli.Yang 2009.9.26
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