2009年12月22日 星期二

中華民國刑法 Criminal Law 149-160

Taiwan Criminal Law 刑法英文版
Part 2 Specific Crimes
Chapter 7
Offenses of Interference with Public Order
Article 149-160
Article 149
A person who participates in an open assembly with intent to employ violence or threats and who does not disperse after having been ordered three times or more to do so by a competent public official shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader shall be sentenced to imprisonment for not more than three years.
(刑法第149條: 公然聚眾,意圖為強暴脅迫,已受該管公務員解散命令三次以上,而不解散者,在場助勢之人處六月以下有期徒刑、拘役或三百元以下罰金。首謀者,處三年以下有期徒刑。 )
(原條文: with purpose to )
Article 150
A person who participates in an open assembly at which violence or threats are employed 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 for not less than six months but not more than five years.

(刑法第150條 :公然聚眾,施強暴脅迫者,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,處六月以上五年以下有期徒刑。 )
( 原條文:a ringleader and a person who..)

Article 151
A person who endangers public safety by putting the public in fear of injury to life, body, or property shall be sentenced to imprisonment for not more than two years.

(刑法第151 條: 以加害生命、身體、財產之事恐嚇公眾,致生危害於公安者,處二年以下有期徒刑)
(原條文為: in fear of injury to life, person, or property shall...)
Article 152
A person who by violence, threats, or fraud interferes with or disturbs a lawful assembly shall be sentenced to imprisonment for not less than two years.

(刑法第152條 : 以強暴脅迫或詐術,阻止或擾亂合法之集會者,處二年以下有期徒刑。 )
(原條文為:A person who by violence, threats, or fraud interferes with or disturbs a lawful assembly shall punish with imprisonment for not less than two years. )

Article 153
A person who by written word, pictures, speech, or other means openly commits one of the following acts shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
1. Inciting another to commit an offense
2. Inciting another to violate the law or disobey a legal order

刑法第153 條
以文字、圖畫、演說或他法,公然為左列行為之一者,處二年以下有期徒刑、拘役或一千元以下罰金:
一、煽惑他人犯罪者。
二、煽惑他人違背命令,或抗拒合法之命令者。

(原條文: A person who by writing, picture, word of mouth, or other means publicy commits one of the following conducts shall...)

Article 154
A person who joins an organization formed with the purpose of committing an offense shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan; a ringleader shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who commits an offense specified in the preceding paragraph and voluntarily turns himself in for trial shall have his punishment reduced or remitted.
刑法第154 條
參與以犯罪為宗旨之結社者,處三年以下有期徒刑、拘役或五百元以下罰金;首謀者,處一年以上、七年以下有期徒刑。
犯前項之罪而自首者,減輕或免除其刑。

(原條文沒有翻譯第二項)
Article 155
A person who incites a serviceman to fail to execute his duty, commit a breach of discipline, desert, or mutiny shall be sentenced to imprisonment for not less than six months but not more than five years.

(刑法第155 條 :煽惑軍人不執行職務,或不守紀律,或逃叛者,處六月以上五年以下有期徒刑。 )
(原條文: A person who incites a person in the armed services to fail...)

Article 156
A person who without authority recruits an armed force, distributes military supplies or leads an armed force shall be sentenced to imprisonment for not more than five years.

[刑法第156 條 :未受允准,召集軍隊,發給軍需或率帶軍隊者,處五年以下有期徒刑。 ]
Article 157
A person who, with intent to gain, instigates or contracts for a lawsuit between others shall be sentenced to imprisonment for less than one year, short-term imprisonment, or a fine of no more than fifty thousand yuan.

[刑法第157條 :意圖漁利挑唆包攬他人訴訟者,處一年以下有期徒刑、拘役或五萬元以下罰金。 ]
(原條文:A person who for purpose of gain instigates )

Article 158
A person who poses as a public official and exercises functions and power as such shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who poses as a public official of a foreign state and exercises functions and powers as such shall be subject to the same punishment.

刑法第158 條
冒充公務員而行使其職權者,處三年以下有期徒刑、拘役或五百元以下罰金。
冒充外國公務員而行使其職權者,亦同。

(香港:冒充 personate or pretend)
Article 159
A person who openly and without authority wears the uniform or badge of, or makes use of the official title of, a public official shall be punished with a fine of not more than five hundred yuan.

[第 159 條 :公然冒用公務員服飾、徽章或官銜者,處五百元以下罰金。 ]
(原條文用語:wears the uniform or badge or make use of the official title of a public official shall be.....500 yuan)(因為罰金刑,不改為sentenced to )

Article 160
A person who with intent to insult the Republic of China openly damages, removes, or dishonors the emblem of the Republic of China or the flag of the Republic of China 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 person who with the intention to insult the founder of the Republic of China, Dr. Sun Yat-sen, openly damages, removes, or dishonors his portrait shall be subject to the same punishment.

第 160 條
意圖侮辱中華民國,而公然損壞、除去或污辱中華民國之國徽、國旗者,處一年以下有期徒刑、拘役或三百元以下罰金。
意圖侮辱創立中華民國之孫先生,而公然損壞、除去或污辱其遺像者亦同
(原條文:who with purpose to )

2009.12.27 WANLI YANG

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