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Chapter 9 Probation
第 九 章 緩刑
A punishment of imprisonment for not more than two years, short-term imprisonment, or a fine may be suspended for not less than two years but not more than five years from the day the decision becomes final if either of the following circumstances exists and probation is considered appropriate:
1. There has been no previously sentence to an imprisonment or a more severe punishment pronounced for a intentional offense.
2. There has been no sentence to a imprisonment or a more severe punishment for a intentional offense pronounced within five years after completing execution or remission of a previous sentence to imprisonment or a more severe punishment for a intentional offense.
The pronouncement of probation may consider the circumstances to order the offender to do the following things:
1. Making an apology to the victim
2. Writing a statement of repentance
3. Paying an appropriate amount to the victim as compensation for his property or non-property losses
4. Disbursing a certain amount to Public Treasury
5. Contributing labor service of no less than forty hours and not more than two hundred and forty hours to a governmental department, governmental institution, administrative legal entity, designated public welfare organization or group.
6. Carrying out detox therapy, mental treatment, psychological counseling or other appropriate programs
7. Giving necessary order for protecting the victim
8. Giving necessary order to prevent re-committing a crime.
The situation set forth in the preceding paragraph shall be included in the written judgment.
Items 3 and 4 of paragraph 2 may be the certificate of compulsory execution.
The pronouncement of probation carries less force than the pronouncement of accessory punishment and the pronouncement of rehabilitative punishment.
Probation shall be revoked in either of the following circumstances:
1. During the period of probation, the offender has intentionally committed another crime for which he has received a definitive sentence to imprisonment more than six months.
2. Before the probation, the offender has intentionally committed to another crime and has received a definitive sentence to imprisonment more than six months.
A motion for revoking the ruling of the preceding paragraph shall be filed within six months after the judgment has become finalized.
After probation is pronounced, it may be revoked if there is a need to execute the punishment, when any of the following circumstances appears to prove that the pronouncement cannot have the expected effect:
1. Before the probation, the offender has intentionally committed another crime, of which he has received a definitive sentence to imprisonment more than six months, short-term imprisonment or a fine has become final during the probation period.
2. During the period probation, the offender has intentionally committed another crime, of which he has received a definitive sentence to imprisonment more than six months, short-term imprisonment or a fine has become final during the probation period.
3. During the period of probation, the offender has committed more crime because of negligence and the pronouncement of punishment in the form of imprisonment has become final.
4. The offender has violated the obligations provided for in items 1 through 8 of paragraph 2 of Article 74 and the circumstances are considered serious.
The provisions of paragraph 2 of the previous article shall also apply to the circumstances of item 1 through item 3.
If probation has not been revoked, the sentence shall forfeit its validity after the expiration of the period of probation, but this provision shall not apply to revocation of probation made under paragraph 2 of Article 75 and paragraph 2 of Article 75-1.
第 76 條