2009年11月28日 星期六

中華民國刑法暨其施行法英譯

中華民國刑法暨其施行法英譯
刑法英文中英對照 103-115
Taiwan Criminal Law 刑法條文 (刑法英文)

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Part II Specific Crimes
Chapter 2 Treason


Article 103
A person who communicates and conspires with a foreign state or its agent with purpose that such state or another state start war against the Republic of China shall be punished with death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offense specified in paragraph 1 shall be punished with imprisonment for not less than three years but not more than ten years.

Article 104
A person who colludes with a foreign state or its agent with purpose to subject territory of the Republic of China to such state or another state shall be punished with death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A Person who prepares or conspires to commit and offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.

Article 105
A citizen of the Republic of China who serves in the armed forces of an enemy or joins the enemy’s fight with arms against the Republic of China or against an ally of the Republic of China shall be punished with death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.

Article 106
A person who during a war with a foreign state or when war is threatened renders military aid to the enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not more than five years.

Article 107
A person who commits an offense specified in paragraph 1 of the preceding article under one of the following circumstances shall be punished with death or life imprisonment:
1. Surrendering armed forces to an enemy or surrendering, destroying, damaging, or otherwise rendering useless the following: strategic point, naval base, military post, military vessel or aircraft, or another military place or structure; arms, ammunition, money, provisions or other war materials used by the military of the Republic of China; bridge, railway, vehicle, electric wire, electric machine, telegraph station, or another thing used for transportation
2. Recruiting for an enemy or inducing a person in the armed services to surrender to the enemy
3. Inciting a person in the armed services to neglect his duty, desert, mutiny, or commit a breach of discipline
4. Disclosing or delivering to the enemy a document, plan, information, or another thing of secret nature concerning a strategic point, naval base, military post, military vessel or aircraft, or military, naval, or aerial movement
5. Committing an act of espionage for an enemy or rendering aid to an enemy spy.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.

Article 108
A person who during the war with a foreign state or when the war is threatened fails to deliver military supplies which he has undertaken by contract to deliver or delivers supplies not in conformity with the terms of the contract shall be punished with fixed-term imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A person who negligently commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not less than two years, short-term imprisonment, or a fine of not more than one thousand yuan.

Article 109
A person who discloses or delivers a document, plan, information, or another thing of a secrete nature concerning the defense of the Republic of China shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.
A person who discloses or delivers to a foreign state or to its agent a document, plan, information, or another thing specified in the preceding paragraph shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
A person who prepares or conspires to commit an offense specified in paragraphs 1 and 2 shall be punished with fixed-term imprisonment for not more than two years.

Article 110
A public official who negligently discloses or delivers to another a document, plan, information, or another thing specified in paragraph 1 of the preceding article, of which he has knowledge or possession because of his official position, shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.

Article 111
A person who pries or gathers a document, plan, information or another thing specified in paragraph 1 of Article 109 shall be punished with fixed-term imprisonment for not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offense specified in paragraph 1 shall be punished with imprisonment for not more than one year.

Article 112
A person who without authority enters a strategic point, naval base, military vessel, or another place or structure of military importance, or remains there, with purpose to pries or gather a document, plan, information, or another thing specified in paragraph 1 of Article 109 shall be punished with fixed-term imprisonment for not more than one year.

Article 113
A person who without authority makes a secret agreement with a foreign government or its agent shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years if the making of such an agreement on the matter requires Government authorization.

Article 114
A person entrusted by the Government with the duty of conducting business with a foreign government who betrays his trust and causes injury to the Republic of China shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years.

Article 115
A person who forges, alters, destroys, or conceals a document, plan, or another thing which is evidence of a right of the Republic of China to a foreign state shall be punished with fixed-term imprisonment for not less than five years but not more than twelve years.
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2009.11.29
WANLI YANG draft

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