Taiwan Criminal Law 刑法英文版
Part 2
Specific Crimes
Chapter 5
Offenses of Obstructing an Officer
In Discharge of Duties
Offenses of Obstructing an Officer
In Discharge of Duties
Article 135
A person who employs threats or violence against a public official who is engaged in the lawful discharge of his duties shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who employs threats or violence with the intention of compelling a public official to perform an act relating to his public duties, with the intention of obstructing the lawful discharge of such public duties, or with the intention of causing such public officials to resign shall be subject to the same punishment.
If the commission of an offense specified in preceding paragraphs results in the death of a public official, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if it results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
(刑法第 135 條
對於公務員依法執行職務時，施強暴脅迫者，處三年以下有期徒刑、拘役或三百元以下罰金。
意圖使公務員執行一定之職務或妨害其依法執行一定之職務或使公務員辭職，而施強暴脅迫者，亦同。
犯前二項之罪，因而致公務員於死者，處無期徒刑或七年以上有期徒刑；致重傷者，處三年以上、十年以下有期徒刑。)
對於公務員依法執行職務時，施強暴脅迫者，處三年以下有期徒刑、拘役或三百元以下罰金。
意圖使公務員執行一定之職務或妨害其依法執行一定之職務或使公務員辭職，而施強暴脅迫者，亦同。
犯前二項之罪，因而致公務員於死者，處無期徒刑或七年以上有期徒刑；致重傷者，處三年以上、十年以下有期徒刑。)
(原條文第2項:A person who employs threats or violence with purpose to compel a public official to perform...)
(原第3項為: If the commission of an offense specified in one of the two preceding paragraphs results in the death of a public official, the offender shall be ...; if it results in aggravated injury, the offender shall be .. )
Article 136
A person who participates in an open assembly at which an offense specified in the preceding article is committed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader or other person who actually employs threats or violence shall be sentenced to imprisonment not less than one year but not more than seven years.
A person who participates in an open assembly at which an offense specified in the preceding article is committed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader or other person who actually employs threats or violence shall be sentenced to imprisonment not less than one year but not more than seven years.
If the commission of the offense results in death or serious physical injury to the public official, a ringleader or other person who actually employs threats or violence shall be punished in accordance with the provisions of paragraph 3 of the preceding article.
(刑法第 136 條
公然聚眾犯前條之罪者，在場助勢之人，處一年以下有期徒刑、拘役或三百元以下罰金。首謀及下手實施強暴脅迫者，處一年以上、七年以下有期徒刑。
因而致公務員於死或重傷者，首謀及下手實施強暴或脅迫之人，依前條第三項之規定處斷。
公然聚眾犯前條之罪者，在場助勢之人，處一年以下有期徒刑、拘役或三百元以下罰金。首謀及下手實施強暴脅迫者，處一年以上、七年以下有期徒刑。
因而致公務員於死或重傷者，首謀及下手實施強暴或脅迫之人，依前條第三項之規定處斷。
(原第1.2項條文為: a ringleader and a person employs violence or threats shall... ) PS 136與135 有關 results in the death [of or to]寫法不同
(原第2項後段條文為: or aggravated injury to the... )另外,在場助勢之人難以適當翻譯,因此維持原條文)
Article 137
A person who by fraud or other illegal means procures an incorrect result in an examination held pursuant to the Examination Law shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 138
A person who destroys, damages, conceals, or renders useless a document, plan, or other thing which has been possessed by a public official by reason of his office or which has been officially entrusted by such official to a third person shall be sentenced to imprisonment for not more than five years.
(原條文: A person who...another thing)
Article 139
A person who damages, removes, disfigures, or renders ineffective a seal or seizure notice affixed by a public official shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
[查封: impound, to seal up (a place) on government orders, to attach, to seize (property) by legal authority]
[原條文為: ..a seal or notice affixed by...]
Article 140
A person who insults a public official during the legal discharge of his duties or openly defames the legal discharge of such duties shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
A person who openly insults a public office shall be subject to the same punishment.
A person who insults a public official during the legal discharge of his duties or openly defames the legal discharge of such duties shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
A person who openly insults a public office shall be subject to the same punishment.
(原條第1項為: A person who offers an insult to a public official ......or publicly offiers an insult with respect to the legal discharged of such duties shall be....)
(原第2項為 orignal pra.: A person who publicly offers an insult to a public office shall be subject to the same punishment.)
Article 141
A person who, with intent to insult a public official or a public office, damages, removes, or disfigures a notice or proclamation posted in a public place, shall be sentenced to short-term imprisonment or a fine of not more than one hundred yuan.
(原條文:A person who with purpose to insult )
Wan-Li Yang 01.01.2009
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