中華民國刑法暨其施行法英譯(8) 刑法英文中英對照 32-40
Taiwan Criminal Law 刑法條文 (刑法英文)
中華民國刑法第 一 編 總則 § 1
第 一 編 總則 § 1 [Part 1 General Provisions]
第 一 章 法例 § 1 [ Chapter 1 Application of the Code/ part(1) 1-9 、Chapter 1 /part(2)10-11]
第 二 章 刑事責任 § 12 [ Chapter 2 Criminal Responsinility 12-24]
第 三 章 未遂犯 § 25 [ Chapter 3 Attempt 25-27]
第 四 章 正犯與共犯 § 28[Chapter 4 Principal Offenders and Joint Offenders 28-31]
第 五 章 刑 § 32 [Chapter 5 Punishment]
Chapter 5 Punishment
Punishments are divided into principal and accessory punishments.
刑法第 32 條
Principal punishments are of the following kinds:
1. Death penalty
2. Life imprisonment
3. Fixed-term imprisonment of more than two months and less than fifteen years. If punishment is reduced or increased, such period may be reduced to less than two months or increased to twenty years.
4. Short-term imprisonment of more than one day but less than 60 days. If the punishment is increased, the period may be increased to one hundred and twenty days.
5. Fine of more than one thousand NTD(New Taiwan Dollar) counted by the hundred.
(ex:刑法第336 條第2 項業務侵占罪，法定刑為6 月以上5 年以下有期徒刑，得併科3 千元以下罰金。而95年6 月14日修正公布，同年7 月1 日施行之刑法施行法增訂第1 條之1 規定：「中華民國九十四年一月七日刑法修正施行後，刑法分 則編所定罰金之貨幣單位為新臺幣。94.1.7刑法修正時，刑法分則編未修正之條文定有罰金者，自94.1.7刑法修正施行後，就其所定數額提高為30倍。但72.6.26至94.1.7新增或修正之條文，就其所定數額提高為三倍」，另刑法第33條第5 款修正為：「主刑之種類如下：五、罰金：新臺幣一千元以上，以百元計算之」，是依修正後之法律，刑法第336 條第2 項業務侵占罪所得科處之罰金刑最高為新臺幣9 萬元、最低為新臺幣1 千元；)
Accessory punishments are of the following kinds:
1. Deprivation of citizen's rights
3. Forced collection, payment, or compensation
The degree of severity of the kinds of principal punishment shall be prescribed according to the provisions of Article 33.
Among the punishments of the same kind, the maximum period or the highest amount shall be considered as the most severe. If the maximum periods or amounts are same, the second kind of punishment shall be considered, in which the minimum period or amount shall be the most severe.
If the principal punishment is used as the standard of severity, the provisions of the two previous paragraphs shall be followed. If the principal punishments are same, the standard of severity shall be determined by taking into consideration of the following items:
1. In case of the co-existence of selective and non-selective principal punishments, the non-selective principal punishment shall be considered to be severe.
2. In case of co-existence of punishment of imprisonment in addition thereto a fine and punishment of imprisonment without the addition thereto a fine, the former is considered to be severe.
3. In case that both principal punishments have selective choices or are non-selective, the secondary highest punishment shall be used for determination in accordance with the provisions of the two previous paragraphs
Deprivation of citizen's rights means deprivation of the following qualifications:
1. Qualifications for being a public official
2. Qualification of becoming a candidate for public office
A sentence of death(penalty) or life imprisonment shall include deprivation of citizen's rights for life.
A sentence to imprisonment for not less than one year shall include deprivation of citizen's rights for not less than one year but not more than ten years if the nature of offense makes it necessary to deprive the offender of his citizen's rights.
Deprivation of citizen's rights shall be pronounced at the time of judgment.Deprivation of citizen's rights shall become effective from the time of final judgment.
The period of deprivation of citizen's right pursuant to paragraph 2 of this article shall be calculated from the day of the completion of the execution or the remission of the principal punishment. If a respite is pronounced at the same time, the period shall be calculated from the day of final judgment.
(note: at the time of judgement/ Judgments, verdict of not guilty or sentence with fixed punishment(guity), shall be pronounced publicly on a fixed date in court, and shall be provided in written form. In the other words, D. would know if he/she is guilty or not at the time of judgement. If he/she is found to be guity, a fixed punishment would also be pronounced at the same time, without another sentence hearing. )
(ex: if appealed, lead to no final result or no final judgment. still proceeding)
The following things shall be forfeited:
2. A thing used in the commission of or preparation for the commission of an offense
3. A thing derived from or acquired through the commission of an offense
The thing specified in item 1 of the preceding paragraph of this Article shall be forfeited whether it belongs to the offender or not.
A thing specified in items 2 and 3 of paragraph 1of this Article may be forfeited only if it belongs to the offender. If there are special provisions, these special provisions shall be followed.
If punishment is remitted, forfeiture may, nevertheless, be imposed independently.
Forfeiture shall be pronounced at the time of the judgment unless there are special provisions.
Forfeiture of contraband or a thing that may be forfeited independently may be pronounced separately.
If the law provides for forced collection, payment or compensation, this shall be pronounced at the time of judgment.
刑法第40- 1 條
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)、
-----2009.10.30 By Wan-Li Yang