中華民國刑法 Criminal Law 296-308

中華民國刑法 Criminal Law 296-308
Taiwan Criminal Law 刑法英文版
Article 296-308

[刑法英文全文各章節 http://wanliyang.blogspot.tw/2009/10/blog-post.html ]

Chapter 26

Offenses Against Freedom

Article 296

A person who enslaves another or places another in a position as not free as a slave shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.

Article 296-1

A person who trades in or mortgages humans shall be punished with fixed-term imprisonment for not less than five years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.

A person who for purpose to make a person to engage in sexual intercourse or to make an obscene act commits the offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for less than seven years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.

A person who through the use of violence, threats, intimidation, controls, drugs, hypnosis or another means commit an offense specified in the two preceding paragraphs shall be punished with a punishment by increasing it up to one half.

A person who arranges, accepts, conceals a traded or mortgaged person specified in the three preceding paragraphs or to cause him to conceal 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 three hundred thousand yuan may be imposed.

A public official who harbors a person who commits an offense specified in the four preceding paragraphs shall be punished with the punishment prescribed in the relating paragraph by increasing it by one half.

An attempt to commit an offense specified in paragraphs 1 to 3 is punishable.

Article 297
A person who for purpose of gain fraudulently causes another to leave the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than three years but not more than ten year and, in addition thereto, a fine of not more than three hundred thousand yuan may be imposed.

An attempt to commit an offense specified in the previous paragraph is punishable.

Article 298

A person who forcibly abducts a female person for purpose that she marry him or another shall be punished with fixed-term imprisonment for not more than five years.

A person who forcibly abducts a female for purpose of gain or for purpose to cause her to commit an obscene act or submit to sexual intercourse 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 one thousand yuan may be imposed.

An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.

Article 299

A person who transports a forcibly abducted person specified in the preceding article beyond the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than five years.

An attempt to commit an offense specified in the preceding paragraph is punishable

Article 300

A person who accepts, conceals or causes to be concealed a forcibly abducted person for purpose of gain or for purpose that such an abducted person commit an obscene act or have sexual intercourse shall be punished with fixed-term imprisonment for not less than six months but not more than five yeas; in addition thereto, a fine of not more than five hundred yuan may be imposed.

An attempt to commit an offense specified in the preceding paragraph is punishable.

Article 301

A person who commits an offense specified in one of the articles, 298 through 300, and who returns the abducted person or reveals the location of the person resulting in his recovery before a judgment has been pronounced may have his punishment reduced.

Article 302

A person who without authority takes another into custody or by other illegal means deprives him of his freedom of movement shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than three hundred yuan.

If death results from the commission of the offense, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender 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 paragraph 1 is punishable.

Article 303

A person who commits an offense specified in paragraph 1 or 2 of the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.

Article 304

A person who by violence or threats causes another to do a thing which he has no obligation to do or who prevents another from doing a thing that he has the right to do shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine or not more than three hundred yuan.

An attempt to commit an offense specified in the preceding paragraph is punishable.

Article 305

A person who threatens to cause injury to the life, body, freedom, reputation, or property of another and thereby endangers his safety shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.

Article 306

A person who without reason enters a dwelling house or structure of another, the adjacent or surrounding grounds, or a vessel belonging to another shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.

A person who without reason conceals himself in the property specified in the preceding paragraph or refuses to leave upon request shall be subject to the same punishment.

Article 307

A person who searches a person, dwelling house, structure, vessel, carriage or aircraft of another contrary to law or order shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.

Article 308

Prosecution for an offense specified in one of the articles, 298 through 306, may be instituted only upon complaint.

If the offense is one specified in paragraph 1 of Article 298, a complaint may not be made contrary to the will of the abducted person.