Taiwan Criminal Law 刑法英文版
Article 325~334-1
Chapter 30
Offense of Abrupt Taking, Robbery and Piracy
Article 325
A person who for purpose to exercise unlawful control over property of another for himself or for a third person abruptly takes from another his movable property shall be sentenced to imprisonment not less than six months but not more than five years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 326
A person who commits an offense specified in paragraph 1 of the preceding article under one of the circumstances specified in paragraph 1 of Article 321 shall be sentenced to imprisonment not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 327
(Deleted)
Article 328
A person who uses violence, threats, drugs, hypnosis, or other means to render resistance impossible and to take away property of another or cause him to deliver it over for purpose to exercise unlawful control over property of another for himself or for a third person commits robbery and shall be sentenced to imprisonment not less than five years.
A person who by means specified in the preceding paragraph obtains for himself or for a third person an illegal benefit in property shall be subject to same punishment.
If death results from the commission of robbery the offender shall be sentenced to life imprisonment or imprisonment for no less than ten years; if aggravated injury results, the offender shall be sentenced to life imprisonment or imprisonment not less than seven years.
An attempt to commit an offense specified in paragraph 1 or 2 is punishable.
A person who prepares to commit robbery shall be sentenced to imprisonment not more than one year, short-term imprisonment, or a fine not more than three thousand yuan.
Article 329
A person who commits abrupt taking from a person or larceny and thereupon uses threats or violence to defend the property, to escape arrest, or to destroy evidence of the offense shall be considered to have committed robbery.
Article 330
A person who commits robbery under one of the circumstances specified in paragraph 1 of Article 321 shall be sentenced to imprisonment not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 331
(Deleted)
Article 332
A person who commits robbery and intentionally kills another shall be sentenced to death or life imprisonment.
A person who commits robbery and takes the opportunity to commit one of the following conducts shall be sentenced to death, life imprisonment, or imprisonment not less than ten years:
1. Arson
2. Forcing the victim to commit sexual intercourse
3. Kidnapping for ransom
4. Causing serious physical injury to another
Article 333
A person who without the permission of a belligerent state or who does not belong to the naval force of such a state navigates a vessel for purpose to use violence or employ threats against another vessel or against a person or thing on board that vessel commits the offense of piracy and shall be sentenced to death or life imprisonment or imprisonment not less than seven years.
A member of the crew or a passenger on board a vessel who has purpose to plunder or rob property, and who uses violence or employs threats against another member of the crew or a passenger, and who operates or takes command of the vessel commits the offense of piracy.
If death results from the commission of piracy, the offender shall be sentenced to death, life imprisonment, or imprisonment not less than twelve years; if aggravated injury results, the offender shall be sentenced to death, life imprisonment, or imprisonment not less than ten years.
Article 334
A person who commits piracy and intentionally kills another shall be sentenced to death or life imprisonment.
A person who commits piracy and takes the opportunity to commit one of the following acts shall be sentenced to death, life imprisonment, or imprisonment not less than twelve years:
5. Arson
6. Forcing the victim to commit sexual intercourse
7. Kidnapping for ransom
8. Causing serious physical injury to another
Article 334-1
The provisions of Article 323 shall apply mutatis mutandis to offenses specified in this Chapter.
2009年12月30日 星期三
中華民國刑法 Criminal Law 335-338
Taiwan Criminal Law 刑法英文版
Article 335-338
Chapter 31
Offenses of Criminal Conversion
Article 335
A person who has lawful possession of property belonging to another and who takes it for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 336
A person who commits an offense specified in the preceding article with respect to a thing of which he has lawful possession because of his public fiduciary duty or for public interest shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine not more than five thousand yuan may be imposed.
A person who commits an offense specified in paragraph 1 of the preceding article with respect to a thing of which he has lawful possession resulting from his occupational fiduciary relationship shall be sentenced to imprisonment not less than six months but not more than five years; in addition thereto, a fine not more than three thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 337
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes a lost property, wreck, or other thing not in the custody of the owner shall be sentenced to a fine not more than five hundred yuan.
Article 338
The provisions of Article 323 and 324 shall apply mutatis mutandis to offenses specified in this Chapter.
Article 335-338
Chapter 31
Offenses of Criminal Conversion
Article 335
A person who has lawful possession of property belonging to another and who takes it for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 336
A person who commits an offense specified in the preceding article with respect to a thing of which he has lawful possession because of his public fiduciary duty or for public interest shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine not more than five thousand yuan may be imposed.
A person who commits an offense specified in paragraph 1 of the preceding article with respect to a thing of which he has lawful possession resulting from his occupational fiduciary relationship shall be sentenced to imprisonment not less than six months but not more than five years; in addition thereto, a fine not more than three thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 337
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes a lost property, wreck, or other thing not in the custody of the owner shall be sentenced to a fine not more than five hundred yuan.
Article 338
The provisions of Article 323 and 324 shall apply mutatis mutandis to offenses specified in this Chapter.
中華民國刑法 Criminal Law 339-345
Taiwan Criminal Law 刑法英文版
Article 339-345
Chapter 32
Offenses of Fraudulence, Breach of Trust, Taking, and Usury
Article 339
A person who by fraud causes another to deliver to him property belonging to such other or to a third person for purpose to exercise unlawful control over property of another for himself or for a fourth person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 339-1
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another from a fees-collecting apparatus shall be sentenced to imprisonment not more than one year, short-term imprisonment, or a fine not more than three thousand yuan.
A person who takes an illegal benefit in property for himself or for a third person is subject to the same punishment.
Article 339-2
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another through an ATM machine shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than ten thousand yuan.
A person who takes an illegal benefit in property for him or causes a third person to take it by means specified in the preceding paragraph shall be subject to the same punishment.
Article 339-3
A person who for purpose to to exercise unlawful control over property of another for himself or for a third person takes property of another by entering false data or wrongful directives into a computer or relating equipment for the creation of false or for the alteration of property ownership shall be sentenced to imprisonment not more than seven years.
A person who takes an illegal benefit in property by the method specified in the preceding paragraph shall be subject to the same punishment.
Article 340
(Deleted)
Article 341
A person who takes advantage of the ignorance, inexperience, and obvious lack of distinguishing ability or the suffering of similar conditions caused by mental retardation, intellectual defect of another person who is under the age of twenty to cause him to deliver property belonging to such other or to a third person for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of less than one hundred thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the one of the two preceding paragraphs is punishable.
Article 342
A person who manages the affairs of another for purpose to takes an illegal benefit for himself or for a third person or to harm the interests of his principal and who acts contrary to his duties and thereby causes loss to the property or other interest of the principal will be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition there to, a fine not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 343
The provisions of Articles 323 and 324 shall apply mutandis mutatis to offenses specified in the six preceding articles.
Article 344
A person who takes advantage of the urgent need, carelessness, or inexperience of another to lend him money or other things at usurious interest obviously inappropriate to the principal shall be sentenced to imprisonment not more than one year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
Article 345
(Deleted)
Article 339-345
Chapter 32
Offenses of Fraudulence, Breach of Trust, Taking, and Usury
Article 339
A person who by fraud causes another to deliver to him property belonging to such other or to a third person for purpose to exercise unlawful control over property of another for himself or for a fourth person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 339-1
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another from a fees-collecting apparatus shall be sentenced to imprisonment not more than one year, short-term imprisonment, or a fine not more than three thousand yuan.
A person who takes an illegal benefit in property for himself or for a third person is subject to the same punishment.
Article 339-2
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another through an ATM machine shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than ten thousand yuan.
A person who takes an illegal benefit in property for him or causes a third person to take it by means specified in the preceding paragraph shall be subject to the same punishment.
Article 339-3
A person who for purpose to to exercise unlawful control over property of another for himself or for a third person takes property of another by entering false data or wrongful directives into a computer or relating equipment for the creation of false or for the alteration of property ownership shall be sentenced to imprisonment not more than seven years.
A person who takes an illegal benefit in property by the method specified in the preceding paragraph shall be subject to the same punishment.
Article 340
(Deleted)
Article 341
A person who takes advantage of the ignorance, inexperience, and obvious lack of distinguishing ability or the suffering of similar conditions caused by mental retardation, intellectual defect of another person who is under the age of twenty to cause him to deliver property belonging to such other or to a third person for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of less than one hundred thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the one of the two preceding paragraphs is punishable.
Article 342
A person who manages the affairs of another for purpose to takes an illegal benefit for himself or for a third person or to harm the interests of his principal and who acts contrary to his duties and thereby causes loss to the property or other interest of the principal will be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition there to, a fine not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 343
The provisions of Articles 323 and 324 shall apply mutandis mutatis to offenses specified in the six preceding articles.
Article 344
A person who takes advantage of the urgent need, carelessness, or inexperience of another to lend him money or other things at usurious interest obviously inappropriate to the principal shall be sentenced to imprisonment not more than one year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
Article 345
(Deleted)
中華民國刑法 Criminal Law 346-348-1
Taiwan Criminal Law 刑法英文版
Articl 346~348-1
Chapter 33
Offenses of Extortion and Kidnapping for Ransom
Article 346
A person who by intimidation causes another to deliver over a thing belonging to him or to a third person for purpose to exercise unlawful control over it it for himself or for a fourth person shall be sentenced to imprisonment not less than six months but not more than five years; in addition thereto, a fine not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for him or a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 347
A person who kidnaps another for purpose to extort ransom shall be sentenced to death or life imprisonment or imprisonment not less than seven years.
If death results from the commission of the offense, the offender shall be sentenced to death or life imprisonment or imprisonment not less than twelve years; if serious physical injury results from the offense, the offender shall be sentenced to death, life imprisonment, or imprisonment not less than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than two years.
A person who commits an offense specified in paragraph 1 and who releases the victim before payment of ransom have his punishment reduced; who releases the victim after payment of ransom may have his punishment reduced.
Article 348
A person who commits an offense specified in paragraph 1 of the preceding article and intentionally kills his victim shall be sentenced to death or life imprisonment.
A person who commits an offense specified in paragraph 1 of the preceding article and who has one of the following circumstances shall be sentenced to death or life imprisonment or imprisonment not less than twelve years:
1. Forcing the victim to commit sexual intercourse
2. Resulting in aggravated injury
Article 348-1
A person who holds another and then has the purpose to extort a ransom shall be considered to have committed the offense of kidnapping for ransom.
Articl 346~348-1
Chapter 33
Offenses of Extortion and Kidnapping for Ransom
Article 346
A person who by intimidation causes another to deliver over a thing belonging to him or to a third person for purpose to exercise unlawful control over it it for himself or for a fourth person shall be sentenced to imprisonment not less than six months but not more than five years; in addition thereto, a fine not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for him or a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 347
A person who kidnaps another for purpose to extort ransom shall be sentenced to death or life imprisonment or imprisonment not less than seven years.
If death results from the commission of the offense, the offender shall be sentenced to death or life imprisonment or imprisonment not less than twelve years; if serious physical injury results from the offense, the offender shall be sentenced to death, life imprisonment, or imprisonment not less than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than two years.
A person who commits an offense specified in paragraph 1 and who releases the victim before payment of ransom have his punishment reduced; who releases the victim after payment of ransom may have his punishment reduced.
Article 348
A person who commits an offense specified in paragraph 1 of the preceding article and intentionally kills his victim shall be sentenced to death or life imprisonment.
A person who commits an offense specified in paragraph 1 of the preceding article and who has one of the following circumstances shall be sentenced to death or life imprisonment or imprisonment not less than twelve years:
1. Forcing the victim to commit sexual intercourse
2. Resulting in aggravated injury
Article 348-1
A person who holds another and then has the purpose to extort a ransom shall be considered to have committed the offense of kidnapping for ransom.
中華民國刑法 Criminal Law 349-351
Taiwan Criminal Law 刑法英文版
Article 349-351
Chapter 34
Offenses of Receiving Stolen Property
Article 349
A person who receives stolen property shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than five hundred yuan.
A person who transports, accepts for storage, knowingly purchases, or acts as a broker for stolen property shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
A thing obtained from the conversion of stolen property shall be considered to be stolen property.
Article 350
(Deleted)
Article 351
If an offense specified in this Chapter is committed among lineal blood relatives, between spouses, or among other relatives who live together and share their property, the punishment may be remitted.
Article 349-351
Chapter 34
Offenses of Receiving Stolen Property
Article 349
A person who receives stolen property shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than five hundred yuan.
A person who transports, accepts for storage, knowingly purchases, or acts as a broker for stolen property shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
A thing obtained from the conversion of stolen property shall be considered to be stolen property.
Article 350
(Deleted)
Article 351
If an offense specified in this Chapter is committed among lineal blood relatives, between spouses, or among other relatives who live together and share their property, the punishment may be remitted.
中華民國刑法 Criminal Law 352-357
Taiwan Criminal Law 刑法英文版
Article 352-357
Chapter 35
Offenses of Destruction, Abandonment, and Damage of Property
Article 352
A person who destroys or damages a document belonging to another and causes injury to the public or another shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than ten thousand yuan.
Article 353
A person who damages, or renders useless a structure, mine, or vessel belonging to another shall be sentenced to imprisonment not less than six months but not more than five years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 354
A person who destroys, damages, or renders useless a thing belonging to another which is not specified in the two preceding articles and causes injury to the public or another shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 355
A person who for purpose to cause loss to another fraudulently causes him or a third person to dispose of property thereby causing a property loss shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 356
A debtor who for purpose to impair the rights of his creditors damages, disposes of, or conceals his property at a time when judicial collection is about to take place shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 357
Prosecution for an offense specified in Article 352 or Articles 354 through 356 may be instituted only upon complaint.
Article 352-357
Chapter 35
Offenses of Destruction, Abandonment, and Damage of Property
Article 352
A person who destroys or damages a document belonging to another and causes injury to the public or another shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than ten thousand yuan.
Article 353
A person who damages, or renders useless a structure, mine, or vessel belonging to another shall be sentenced to imprisonment not less than six months but not more than five years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 354
A person who destroys, damages, or renders useless a thing belonging to another which is not specified in the two preceding articles and causes injury to the public or another shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 355
A person who for purpose to cause loss to another fraudulently causes him or a third person to dispose of property thereby causing a property loss shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 356
A debtor who for purpose to impair the rights of his creditors damages, disposes of, or conceals his property at a time when judicial collection is about to take place shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine not more than five hundred yuan.
Article 357
Prosecution for an offense specified in Article 352 or Articles 354 through 356 may be instituted only upon complaint.
中華民國刑法 Criminal Law 358-363
Taiwan Criminal Law Article 358-363刑法條文
Chapter 36
Offenses Against the Computer Security
(第 三六 章 妨害電腦使用罪 § 358)
Chapter 36
Offenses Against the Computer Security
(第 三六 章 妨害電腦使用罪 § 358)
Article 358
A person who without reason by entering another’s account code and password, breaking his computer protection, or taking advantage of the system loophole of such other accesses his computer or relating equipment shall be sentenced to imprisonment not more than three years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one hundred thousand yuan may be imposed.
Article 359
A person without reason obtains, deletes or alters the magnetic record of another’s computer or relating equipment and causes injury to the public or another shall be sentenced to imprisonment of no more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than two hundred thousand yuan may be imposed.
Article 360
A person who without reason interferes, through the use of computer programs or other electromagnetic methods, with the computer or relating equipment of another person and causes injury to the public or another shall be sentenced to imprisonment not more that three years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one hundred thousand yuan may be imposed.
Article 361
A person who commits the offenses specified in the three preceding articles against the computers and relating equipment of a public office shall be punished by increasing the punishment up to one half.
Article 362
A person who makes computer programs specifically for himself or another to commit the offenses specified in this Chapter and causes injury to the public or another shall be punished for imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than two hundred thousand yuan may be imposed.
Article 363
The prosecution of the offenses specified in articles, 358 through 360, may be instituted only upon complaint.
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
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，挑唆或包攬他人訴訟者，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
中華民國刑法 Criminal Law 142-148
中華民國刑法暨其施行法英譯
刑法英文中英對照 142-148
Taiwan Criminal Law 刑法英文版
Article 142
A person who by threats, violence, or other illegal means interferes with another in the free exercise of his right to vote at a political election duly authorized by law or in the free exercise of his other voting rights shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
(刑法第142 條
以強暴脅迫或其他非法之方法，妨害他人自由行使法定之政治上選舉或其他投票權者，處五年以下有期徒刑。
前項之未遂犯罰之。)
(原條文譯為...in the free excercises of his right to vote..[要刪去s]...in the free exercise of his other voting right...[要加s])
Article 143
A qualified voter who demands, agrees to accept, or accepts a bribe or other improper benefits for refraining from exercising his right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
Any benefit received through the commission of an offense specified in the preceding paragraph shall be forfeited; if the whole or a part of such benefit cannot be forfeited, the value thereof shall be collected from the offender.
(刑法第143 條
有投票權之人，要求、期約或收受賄賂或其他不正當利益，而許以不行使其投票權或為一定之行使者，處三年以下有期徒刑，得併科五千元以下罰金。
犯前項之罪者，所收受之賄賂沒收之。如全部或一部不能沒收時，追徵其價額。)
(原條文為: a benefit.)
Article 144
A person who promises, offers, or gives a bribe or other improper benefits to a qualified voter in return for refraining from exercising the right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than seven thousand yuan may be imposed.
(刑法第144 條: 對於有投票權之人，行求、期約或交付賄賂或其他不正利益，而約其不行使投票權或為一定之行使者，處五年以下有期徒刑，得併科七千元以下罰金。)
(原條文沒有in return)
Article 145
A person who induces a qualified voter to refrain from exercising his right to vote or to exercise such right in a particular manner by offering an economic advantage or by threatening an economic disadvantage shall be sentenced to imprisonment for not more than three years.
(刑法第145條: 以生計上之利害，誘惑投票人不行使其投票權或為一定之行使者，處三年以下有期徒刑。)
(以生技上之利害,難以適當翻譯)
Article 146
A person who by fraud or other illegal means procures an incorrect result from voting or alters election returns shall be sentenced to imprisonment for not more than five years.
A person who, with intent to render a candidate elected, makes a false census registration to obtain the right to vote, and then votes, shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
(刑法第146 條
以詐術或其他非法之方法，使投票發生不正確之結果或變造投票之結果者，處五年以下有期徒刑。
意圖使特定候選人當選，以虛偽遷徙戶籍取得投票權而為投票者，亦同。
前二項之未遂犯罰之。)
(原條文第2項:A person who with purpose to render a candidate elected falsely makes census registration to obtain the right to vote and votes shall.. )(原條文第3項:An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.)
Article 147
A person who interferes with or creates a disturbance at an election shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
(刑法第147 條: 妨害或擾亂投票者，處二年以下有期徒刑、拘役或五百元以下罰金。)
Article 148
A person who pries the content of a secret ballot shall be punished with a fine of not more than three hundred yuan.
(刑法第148條: 於無記名之投票，刺探票載之內容者，處三百元以下罰金。)
(註：此條文僅處罰金刑, 即不改為：sentenced to; 另外刺探翻譯為 pry怪怪的,而到底要不要刺探得知票的內容也是問題 )
2010.01.01 WANLI YANG
----------------------------------------
P.S投票有以下幾種方式:
(a)呼聲投票( voice vote)
(b)起立或舉手投票 (rising or hand-raising vote)
(c)點名投票 (roll call vote)
(d)無記名投票(ballot vote)
(e)一致同意票 (voting by unanimous consent)
(f)郵遞投票 (voting by mail)
(9)代理投票 (voting by proxy)
刑法英文中英對照 142-148
Taiwan Criminal Law 刑法英文版
Part 2 Specific Crimes
Chapter 6
Offenses of Interference with Voting
Offenses of Interference with Voting
Article 142
A person who by threats, violence, or other illegal means interferes with another in the free exercise of his right to vote at a political election duly authorized by law or in the free exercise of his other voting rights shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
(刑法第142 條
以強暴脅迫或其他非法之方法，妨害他人自由行使法定之政治上選舉或其他投票權者，處五年以下有期徒刑。
前項之未遂犯罰之。)
(原條文譯為...in the free excercises of his right to vote..[要刪去s]...in the free exercise of his other voting right...[要加s])
Article 143
A qualified voter who demands, agrees to accept, or accepts a bribe or other improper benefits for refraining from exercising his right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
Any benefit received through the commission of an offense specified in the preceding paragraph shall be forfeited; if the whole or a part of such benefit cannot be forfeited, the value thereof shall be collected from the offender.
(刑法第143 條
有投票權之人，要求、期約或收受賄賂或其他不正當利益，而許以不行使其投票權或為一定之行使者，處三年以下有期徒刑，得併科五千元以下罰金。
犯前項之罪者，所收受之賄賂沒收之。如全部或一部不能沒收時，追徵其價額。)
(原條文為: a benefit.)
Article 144
A person who promises, offers, or gives a bribe or other improper benefits to a qualified voter in return for refraining from exercising the right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than seven thousand yuan may be imposed.
(刑法第144 條: 對於有投票權之人，行求、期約或交付賄賂或其他不正利益，而約其不行使投票權或為一定之行使者，處五年以下有期徒刑，得併科七千元以下罰金。)
(原條文沒有in return)
Article 145
A person who induces a qualified voter to refrain from exercising his right to vote or to exercise such right in a particular manner by offering an economic advantage or by threatening an economic disadvantage shall be sentenced to imprisonment for not more than three years.
(刑法第145條: 以生計上之利害，誘惑投票人不行使其投票權或為一定之行使者，處三年以下有期徒刑。)
(以生技上之利害,難以適當翻譯)
Article 146
A person who by fraud or other illegal means procures an incorrect result from voting or alters election returns shall be sentenced to imprisonment for not more than five years.
A person who, with intent to render a candidate elected, makes a false census registration to obtain the right to vote, and then votes, shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
(刑法第146 條
以詐術或其他非法之方法，使投票發生不正確之結果或變造投票之結果者，處五年以下有期徒刑。
意圖使特定候選人當選，以虛偽遷徙戶籍取得投票權而為投票者，亦同。
前二項之未遂犯罰之。)
(原條文第2項:A person who with purpose to render a candidate elected falsely makes census registration to obtain the right to vote and votes shall.. )(原條文第3項:An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.)
Article 147
A person who interferes with or creates a disturbance at an election shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
(刑法第147 條: 妨害或擾亂投票者，處二年以下有期徒刑、拘役或五百元以下罰金。)
Article 148
A person who pries the content of a secret ballot shall be punished with a fine of not more than three hundred yuan.
(刑法第148條: 於無記名之投票，刺探票載之內容者，處三百元以下罰金。)
(註：此條文僅處罰金刑, 即不改為：sentenced to; 另外刺探翻譯為 pry怪怪的,而到底要不要刺探得知票的內容也是問題 )
2010.01.01 WANLI YANG
----------------------------------------
P.S投票有以下幾種方式:
(a)呼聲投票( voice vote)
(b)起立或舉手投票 (rising or hand-raising vote)
(c)點名投票 (roll call vote)
(d)無記名投票(ballot vote)
(e)一致同意票 (voting by unanimous consent)
(f)郵遞投票 (voting by mail)
(9)代理投票 (voting by proxy)
中華民國刑法 Criminal Law 135-141
刑法英文中英對照 135-141
Taiwan Criminal Law 刑法英文版
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.
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.
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.
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.
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.
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
中華民國刑法英文 120-134
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 120-134
Taiwan Criminal Law 刑法條文 (刑法英文)
-------------------------------------
Part II
Specific Crimes
Chapter 4
Offenses of Malfeasance in Office
Article 120 ~ Article 134
Article 120
A public official, who by neglecting his duties, abandons the territory in his charge shall be sentenced to death, life imprisonment or imprisonment for not less than ten years.
刑法第120 條: 公務員不盡其應盡之責，而委棄守地者，處死刑、無期徒刑或十年以上有期徒刑。
(註原條文為: ...shall be punished with death, life-imprisonment or fixed-term imprisonment for not less than ten years.)(原決議 12.「處死刑、無期徒刑或十年以上有期徒刑」：shall be sentenced to death penalty or life imprisonment, or imprisonment not less than ten years。死刑定義固然為 death prenalty,但放在整體法條中, 以原翻譯方式為佳)
Article 121
A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for an official act shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
Any benefit received through the commission of an offense specified in the preceding paragraph shall be forfeited; if the whole or a part of such benefit cannot be forfeited, the value thereof shall be collected from the offender.
刑法第121 條
公務員或仲裁人對於職務上之行為，要求、期約或收受賄賂或其他不正利益者，處七年以下有期徒刑，得併科五千元以下罰金。
犯前項之罪者，所收受之賄賂沒收之。如全部或一部不能沒收時，追徵其價額。
(註原條文: A benefit...........a part of such a benefit..... )
Article 122
A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for a breach of his official duties shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than seven thousand yuan may be imposed.
A breach of official duties shall be punished with life imprisonment or with imprisonment for not less than five years; in addition thereto, a fine of not more than ten thousand yuan may be imposed.
Any person who offers, promises, or gives a bribe or other improper benefits to a public official or an arbitrator for a breach of his official duties shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three thousand yuan may be imposed, but, if said person turns himself in for trial, his punishment may be reduced or remitted; if said person confesses during investigation or trial, his punishment may be reduced.
Any benefit received through the commission of an offense specified in paragraph 1 or 2 above shall be forfeited; if the whole or a part of such benefit cannot be forfeited, the value thereof shall be collected from the offender.
刑法第122 條
公務員或仲裁人對於違背職務之行為，要求、期約或收受賄賂，或其他不正利益者，處三年以上十年以下有期徒刑，得併科七千元以下罰金。
因而為違背職務之行為者，處無期徒刑或五年以上有期徒刑，得併科一萬元以下罰金。
對於公務員或仲裁人關於違背職務之行為，行求、期約或交付賄賂或其他不正利益者，處三年以下有期徒刑，得併科三千元以下罰金。但自首者減輕或免除其刑。在偵查或審判中自白者，得減輕其刑。
犯第一項或第二項之罪者，所收受之賄賂沒收之；如全部或一部不能沒收時，追徵其價額。
[註: 最高法院51年台上字第1486號判例要旨： 刑法第六十二條所謂自首，祇以犯人在其犯罪未發覺前，向該管公務員自承犯罪，而受裁判為已足，並不以使用自首字樣為必要。]
(第二項主詞非人,所以不改為 sentenced to,維持punished with) 原第三項用語 if such a person改為said person; 第四項原為 a benefit 改為 any benefit)
Article 123
A person who in anticipation of being a public official or an arbitrator demands, agrees to accept, or accepts a bribe or other improper benefits for an official act and performs such act after becoming a public official or an arbitrator shall be subject to the punishment prescribed for a public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits.
刑法第123 條
於未為公務員或仲裁人時，預以職務上之行為，要求期約或收受賄賂或其他不正利益，而於為公務員或仲裁人後履行者，以公務員或仲裁人要求期約或收受賄賂或其他不正利益論。
In short, Article 123: "A person who in anticipation of being a public official or an arbitrator demands, agrees to accept, or accepts a bribe or other improper benefits for an official act and performs such act after becoming a public official or an arbitrator shall be subject to the punishment prescribed above in Article 121 or Article 122. "
(原條文:performs such act after becoming a public official or arbitrator)
Article 124
A public official vested with judicial functions or an arbitrator who renders an illegal decision or illegal arbitral award shall be sentenced to imprisonment for not less than one year but not more than seven years.
(刑法第124 條 有審判職務之公務員或仲裁人，為枉法之裁判或仲裁者，處一年以上七年以下有期徒刑。 )
Article 125
A public official charged with the duty of investigation or bringing offenders to justice who commits one of the following offenses shall be sentenced to imprisonment for not less than one year but not more than seven years:
1. Abusing his authority in arresting or detaining a person
2. Using threats or violence with the intention of extracting a statement
3. Knowingly causing an innocent person to be prosecuted or punished or causing a guilty person not to be prosecuted or punished.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if serious physical injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
刑法第125 條
有追訴或處罰犯罪職務之公務員，為左列行為之一者，處一年以上七年以下有期徒刑：
一、濫用職權為逮捕或羈押者。
二、意圖取供而施強暴脅迫者。
三、明知為無罪之人，而使其受追訴或處罰，或明知為有罪之人，而無故不使其受追訴或處罰者。
因而致人於死者，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。
(註: 最高法院87年度台上字第59號判決要旨：依據刑事訴訟法第192條準用同法第98條規定，關於證人之訊問，應出以懇切之態度，不得用強暴、脅迫、利誘、詐欺及其他不正之方法。從而證人之陳述，須非出於強暴、脅迫、利誘、詐欺或其他不正之方法，且與事實相符者，始得採為證據，如果證人之證言，係出於不正之方 法，並非自由陳述，即其取得證言之程序，已非適法，則不問其陳述內容是否確與事實相符，因其非係適法之證據，即不得採為判決基礎，故審理事實之法院，遇有被告或證人對於證人之證言提出非任意性之抗辯時，即 應先調查其取供之程序是否合法，方足以判斷該證據如何取捨。)(因此"取供"是指"取供述",而非取證據 )
(原條文為: 1. Using threat or violence with purpose to extract evidence )
(原條文為: If death results from the commission of the offense, the offender shall be punished with life imprisonment or with fixed-term imprisonment for not less than three but not more than ten 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. 原條文刑度有誤)
(原條文為: if aggravated injury results, the offender shall be..)
Article 126
A public official charged with the custody, conveyance, or detention of prisoners who commits an act of violence or cruelty against a prisoner shall be sentenced to imprisonment for not less than one year but not more than seven years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if serious physical injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
刑法第 126 條
有管收、解送或拘禁人犯職務之公務員，對於人犯施以凌虐者，處一年以上七年以下有期徒刑。
因而致人於死者，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。
(原第1項條文:with the custody, or conveyance of prisoners who commits an act of violence or cruelty to a prisoner shall.......... no less than one year )
(note: The custody of Article 126 means the administrative custody under the Administrative Enforcement Law. There are other regulations regarding " administrative custody," such as Rules for Custodian Institutions 管收規則 and Statute of Custody管收條例.)
(原第2項後段條文為: if aggravated injury results, the offender shall be )
[ 行政執行法 The Administrative Enforcement Law 第 17 條]
Article 127
A public official charged with execution of punishment who illegally executes or omits to execute a punishment shall be sentenced to imprisonment for not more than five years.
A public official who negligently causes the execution of a punishment that should not have been executed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
第 127 條
有執行刑罰職務之公務員，違法執行或不執行刑罰者，處五年以下有期徒刑。
因過失而執行不應執行之刑罰者，處一年以下有期徒刑、拘役或三百元以下罰金。
Article 128
A public official who adjudicates a suit which he knows he is not authorized to adjudicate shall be sentenced to imprisonment for not more than three years.
[刑法第 128 條: 公務員對於訴訟事件，明知不應受理而受理者，處三年以下有期徒刑。]
Article 129
A public official who collects taxes, duties, or other revenues that he knows he is not authorized to collect shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto a fine of not more than seven thousand yuan may be imposed.
A public official who retains in whole or in part any money or thing that he knows it to be his duty to pay or deliver shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
刑法第129 條
公務員對於租稅或其他入款，明知不應徵收而徵收者，處一年以上、七年以下有期徒刑，得併科七千元以下罰金。
公務員對於職務上發給之款項、物品，明知應發給而抑留不發或剋扣者，亦同。
前二項之未遂犯罰之。
(原條文第3項為:An attempt to commit an offense specified in one of the two preceding paragraphs is punishable. )
Article 130
A public official who neglects his duties thereby causing a catastrophe shall be sentenced to imprisonment for not less than three years but not more than ten years.
[刑法第130條: 公務員廢弛職務釀成災害者，處三年以上十年以下有期徒刑。]
Article 131
A public official who directly or indirectly seeks to gain illegal benefits for himself or others from a function under his control or supervision, and gains benefits shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than seventy thousand yuan may be imposed.
Any benefit received through the commission of an offense specified in the preceding paragraph shall be forfeited; if the whole or part of such benefit cannot be forfeited the value thereof shall be collected from the offender.
刑法第131 條
公務員對於主管或監督之事務，明知違背法令，直接或間接圖自己或其他私人不法利益，因而獲得利益者，處一年以上七年以下有期徒刑，得併科七萬元以下罰金。
犯前項之罪者，所得之利益沒收之。如全部或一部不能沒收時，追徵其價額。
Article 132
A public official who discloses or gives away a document, plan, information, or other thing of a secret nature relating to matters other than national defense shall be sentenced to imprisonment fornot more than three years.
A person who negligently commits an offense specified in the preceding paragraph 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 other than a public official who discloses or gives away a document, plan, information, or other thing specified in paragraph 1 which comes to his knowledge or possession because of his occupation or profession shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
(刑法第132 條
公務員洩漏或交付關於中華民國國防以外應秘密之文書、圖畫、消息或物品者，處三年以下有期徒刑。
因過失犯前項之罪者，處一年以下有期徒刑、拘役或三百元以下罰金。
非公務員因職務或業務知悉或持有第一項之文書、圖畫、消息或物品，而洩漏或交付之者，處一年以下有期徒刑、拘役或三百元以下罰金。)
(原條文：A person other than a public official who discloses or gives away a document, plan, information, or another thing... ) 原決議非公務員: Non-public official 但是易誤認為是 official 只是非public因此維持原條文)
Article 133
A public official, employed in a postal or telegraphic office, who opens or conceals mail or telegraphic matter entrusted to him for transmission shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
(刑法第133 條: 在郵務或電報機關執行職務之公務員，開拆或隱匿投寄之郵件或電報者，處三年以下有期徒刑、拘役或五百元以下罰金。)
Article 134
A public official who takes advantage of his authority, opportunity, or the means afforded by his official position to intentionally commit an offense not provided for in this Chapter shall be subject to the punishment prescribed for such offense increased by one half unless special provisions have been made for such punishment because of his status as a public official.
(刑法第134 條: 公務員假借職務上之權力、機會或方法，以故意犯本章以外各罪者，加重其刑至二分之一。但因公務員之身分已特別規定其刑者，不在此限。)
(原條文為:...shall be subject to the punishment prescribed for such offense by increasing it up to one half)
Wan-Li Yang 2009.12.31
中華民國刑法 Criminal Law 116-119
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 116-119
Taiwan Criminal Law 刑法條文 (刑法英文)
-------------------------------------
Part II
中華民國刑法暨其施行法英譯刑法英文中英對照 116-119
Taiwan Criminal Law 刑法條文 (刑法英文)
-------------------------------------
Part II
Specific Crimes
Chapter 3
Chapter 3
Offenses of Interference with Relations with Other States
Article 116
A person who commits an offense of intentionally causing bodily injury to, restraining the personal freedom of, or injuring the reputation of, the head of a friendly state or the representative of a friendly state accredited to the Republic of China, may have the punishment prescribed for such an offense increased by one-third.
第 116 條
對於友邦元首或派至中華民國之外國代表，犯故意傷害罪、妨害自由罪或妨害名譽罪者，得加重其刑至三分之一。(原條文為:...may have the punishment prescribed for such offense increased by one third. )(原本會議結論:11.「加重其刑至三分之一」翻譯為aggregated by one-thirds。應該沒有s, 另外說 aggregated 有兩個刑加起來的意義, inceased 是原本的加上去, increased 較OK)
Article 117
A person who during a state of war between foreign states violates the rules of neutrality established by the Government 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 thousand yuan.
第 117 條
於外國交戰之際，違背政府局外中立之命令者，處一年以下有期徒刑、拘役或三千元以下罰金。
(原本決議13.「處一年以上、七年以下有期徒刑」：shall be sentenced to imprisonment not less than one year but not more than seven years。用 imprisonment for 較OK; 14.「科或併科一千元以下罰金」：in lieu thereof, or in addition thereto, a fine not more than one thousand yuan. 用 a fine of 較OK)
Article 118
A person who, with intent to insult a foreign state, openly damages, pulls down, or otherwise dishonors the national flag or emblem of such foreign state shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
第 118 條
意圖侮辱外國，而公然損壞除去或污辱外國之國旗、國章者，處一年以下有期徒刑、拘役或三百元以下罰金。
(註:原條文為: A person who with purpose to insult a foreign state publicly destroys, damages, pulls down, or otherwise dishonor....) (原決議「公然」應譯為openly,比 publicly較符合法條意思。因為openly乃有不論有何人在場的意思, publicly則有他人在場的意思)
rticle 119
Prosecution for an offense against reputation specified in Article 116 or for an offense specified in Article 118 may be instituted only upon receipt of an complaint from the foreign government concerned.
第 119 條
第一百一十六條之妨害名譽罪及第一百一十八條之罪，須外國政府之請求乃論。
(註:原條文為..may be instituted only upon the complaint of the government or the foreign state concerned. ) (原決議「前二項」乃用 provided in the preceding paragraphs, 但是specified較好)
2009.12.31
WANLI YANG
2009年12月21日 星期一
Sexual Assault Crime Prevention Act 性侵害犯罪防治法
Sexual Assault Crime Prevention Act ( 2005.02.05 Amended )
性侵害犯罪防治法 (民國 94 年 02 月 05 日 修正)
Article 1
This law is formulated in order to prevent sexual assault and to protect the rights of victims.
第 1 條 為防治性侵害犯罪及保護被害人權益，特制定本法。
Article 2
The Definition of sexual assault crime, refers to the situation where a person breaks Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special laws under the Criminal Code.
An offender, referred to under the Law, is a person who is sentenced as guilty for violating the above Acts.
第 2 條
本法所稱性侵害犯罪，係指觸犯刑法第221條至第227條、第228條、第229條、第332條第2項第2款、第334條第2款、第348條第2項第1款及其特別法之罪。
本法所稱加害人，係指觸犯前項各罪經判決有罪確定之人。 Article 3
The authorities concerned under the Law are the Ministry of Interior in Central Government, the City Government in a special municipality or the County (City) Government in a county (city).
第 3 條 : 本法所稱主管機關：在中央為內政部；在直轄市為直轄市政府；在縣 (市) 為縣 (市) 政府。
Article 4
The Ministry of Interior should set up a Committee of Sexual Assault Prevention to undertake the following items:
A. Investigate and draft polices and regulations about sexual assault prevention.
B. Co-ordinate and supervise the implementation of sexual assault prevention.
C. Supervise all levels of government arranging the handling procedures and a prevention and medical treatment network for sexual assault incidents.
D. Direct and promote sexual assault prevention education.
E. Make proposals and arrangements, gather statistics and manage sexual assault incidents.
F. Discuss the problems of sexual assault prevention.
G. Other issues about sexual assault prevention.
第 4 條
內政部應設性侵害防治委員會，掌理下列事項：
一、研擬性侵害防治政策及法規。
二、協調及監督有關性侵害防治事項之執行。
三、監督各級政府建立性侵害事件處理程序、防治及醫療網絡。
四、督導及推展性侵害防治教育。
五、性侵害事件各項資料之建立、彙整、統計及管理。
六、性侵害防治有關問題之研議。
七、其他性侵害防治有關事項。
Article 5
The head of the Ministry of Interior acts as the director general of its Committee of Sexual Assault Prevention; representatives of private institutions, scholars and experts should occupy at least half of the committee seats.
The Committee of Sexual Assault Prevention should allocate special people and departments to deal with relevant business affairs, and the corresponding regulations are formulated by the relevant central authorities.
第 5 條
內政部性侵害防治委員會，以內政部部長為主任委員，民間團體代表、學者及專家之比例不得少於委員總數二分之一。
性侵害防治委員會應配置專人分科處理有關業務；其組織規程，由中央主管機關定之。
Article 6
Special municipalities and county (city) governments should set up a Sexual Assault Prevention Center, which undertakes the following items:
A. Provide a 24-hour hotline service.
B. Provide victims with a 24-hour emergency rescue.
C. Assist victims by obtaining medical attentions, check ups and evidence.
D. Assist the victim with psychological treatment, counselling, emergency help and legal services. E. Set up special medical teams for dealing with sexual assault incidents with the co-operation of hospitals.
F. The offender's tracking counselling and physical and psychological treatment.
G. Promote sexual assault prevention education, training and advertising.
H. Other relevant issues about sexual assault prevention and protection.
The Sexual Assault Prevention Center should be equipped with social workers, police, medical teams and people from other relevant areas. Its organization is arranged by the relevant authorities of the special municipality or of the county (city).
Local governments should take the first two items into budgetary consideration and the central government will meet the difference with a special subsidy.
第 6 條
直轄市、縣 (市) 主管機關應設性侵害防治中心，辦理下列事項：
一、提供二十四小時電話專線服務。
二、提供被害人二十四小時緊急救援。
三、協助被害人就醫診療、驗傷及取得證據。
四、協助被害人心理治療、輔導、緊急安置及提供法律服務。
五、協調醫院成立專門處理性侵害事件之醫療小組。
六、加害人之追蹤輔導及身心治療。
七、推廣性侵害防治教育、訓練及宣導。
八、其他有關性侵害防治及保護事項。
前項中心應配置社工、警察、醫療及其他相關專業人員；其組織由直轄市、縣 (市) 主管機關定之。
地方政府應編列預算辦理前二項事宜，不足由中央主管機關編列專款補助。
Article 7
In each academic year, students at all levels of middle and primary schools should have four hours or more of courses on sexual assault prevention.
The sexual assault prevention courses should contain:A. The structure and function of the reproductive organs of both sexes.B. Safe sexual behavior and knowledge of self-protection.C. Education in equality of the sexes.D. Building a correct sexual psychology.E. Respect for others' sexual freedom.F. Realization that sexual offences are crimes.G. Dealing with dangers of sexual offensesH. Techniques of sexual offense prevention.I. Other relevant education about sexual offenses.
7 條
各級中小學每學年應至少有四小時以上之性侵害防治教育課程。
前項所稱性侵害防治教育課程應包括：
一、兩性性器官構造與功能。
二、安全性行為與自我保護性知識。
三、兩性平等之教育。
四、正確性心理之建立。
五、對他人性自由之尊重。
六、性侵害犯罪之認識。
七、性侵害危機之處理。
八、性侵害防範之技巧。
九、其他與性侵害有關之教育。
Article 8
During the turn of duty, should medical workers, social workers, education workers, nursery workers, police or administrative workers learn of suspicious sexual assault incidents, they must report to the relevant authorities of special municipalities or County (City) within 24 hours. The manner and content of the report is as formulated by the relevant central authorities.
The content of the report, the name and address of the reporter and any information that is sufficient to identify him/her are confidential unless it is specified otherwise in the Law.
第 8 條
醫事人員、社工人員、教育人員、保育人員、警察人員、勞政人員，於執行職務知有疑似性侵害犯罪情事者，應立即向當地直轄市、縣 (市) 主管機關通報，至遲不得超過二十四小時。通報之方式及內容，由中央主管機關定之。
前項通報內容、通報人之姓名、住居所及其他足資識別其身分之資訊，除法律另有規定外，應予保密。 [note]
醫事人員:涵括"臨床心理人員".
事後發現網絡沒有通報之原因(理由)為:(1)不知道(2)被害人要求不要通報.(3)害怕通報之後,會增加麻煩.
Article 9
The central authorities should set up a national database of sexual offenders, and it should contain fingerprints and DNA.
The content of the database is confidential and should not be changed unless specified by the Law. The management and usage of the database is formulated by the relevant central authorities.
第 9 條
中央主管機關應建立全國性侵害加害人之檔案資料；其內容，應包含指紋、去氧核醣核酸紀錄。
前項檔案資料應予保密，非依法律規定，不得提供；其管理及使用等事項之辦法，由中央主管機關定之。
Article 10
Hospitals and clinics should not refuse giving medical attentions for no reason and should produce a Medical Certificate of Diagnosis. During the examination, the victim should be accompanied by nursing staff. The privacy of the victim should be protected and the victim should be offered a safe and appropriate environment for the examination.
The format of the Medical Certificate of Diagnosis is decided by the discussion between the central competent Health Authority and relevant authorities.Those who violate this regulation should pay a fine of between ten thousand and fifty thousand NT dollars to relevant health authorities.
第 10 條
醫院、診所對於被害人，不得無故拒絕診療及開立驗傷診斷書。
醫院、診所對被害人診療時，應有護理人員陪同，並應保護被害人之隱私，提供安全及合適之就醫環境。
第一項驗傷診斷書之格式，由中央衛生主管機關會商有關機關定之。
違反第一項規定者，由衛生主管機關處新臺幣一萬元以上五萬元以下罰鍰。 Article 11
The victim should agree to be examined while collecting evidence, unless it is specified in the Criminal Law, Military Justice Law or the victim is unconscious or otherwise unable to express him or herself.
In the case of the victim being incompetent (to manage his or her own property) or younger than twelve years old, permission should be obtained from his or her guardian or legal representative. However if the guardian or legal representative is unclear, difficult to contact, or is suspected of conducting the sexual assault, examination should be carried out to collect evidence.
After collecting evidence, the exhibit should be kept in the exhibit bag. The judiciary and military police should immediately send the exhibit to the National Police Agency at the Ministry of Interior for examination. The result of the exhibit's examination should be filed according to the Law.
If a case of sexual assault crime is only considered for prosecution as an offense instituted only in response to complaint (a legal complaint or a private prosecution has not been proposed yet), the National Police Agency of the Ministry of Interior should send the exhibit to the relevant local authorities of the special municipality or County (City) for safe keeping. In the case of it being impossible to identify a suspect, the exhibit will be destroyed after six months.
第 11 條
對於被害人之驗傷及取證，除依刑事訴訟法、軍事審判法之規定或被害人無意識或無法表意者外，應經被害人之同意。被害人為禁治產或未滿十二歲之人時，應經其監護人或法定代理人之同意。但監護人或法定代理人之有無不明、通知顯有困難或為該性侵害犯罪之嫌疑人時，得逕行驗傷及取證。
取得證據後，應保全證物於證物袋內，司法、軍法警察並應即送請內政部警政署鑑驗，證物鑑驗報告並應依法保存。
性侵害犯罪案件屬告訴乃論者，尚未提出告訴或自訴時，內政部警政署應將證物移送犯罪發生地之直轄市、縣 (市) 主管機關保管，除未能知悉犯罪嫌疑人外，證物保管六個月後得逕行銷毀。
Article 12
Due to work reasons, those who know or have the victim's name, date of birth, address and any other information that is sufficient to identify his or her identity, should keep these details confidential unless specified by the Law.
The published legal documents, produced by the executive, judicial and military authorities, should not reveal the victim's name, date of birth, address or any other information that is sufficient to identify him/her.
第 12 條
因職務或業務知悉或持有性侵害被害人姓名、出生年月日、住居所及其他足資識別其身分之資料者，除法律另有規定外，應予保密。
行政機關、司法機關及軍法機關所製作必須公示之文書，不得揭露被害人之姓名、出生年月日、住居所及其他足資識別被害人身分之資訊。
Article 13
Advertisements, publications, broadcasting, television, electronic messages, the Internet or any other kinds of media should neither report nor record the victim's name nor any other information which might be sufficient to reveal his or her identity. This regulation does not apply in the case where a victim having behavioral capability gives permission or where the crime investigation authorities consider it to be necessary according to the law.
Those who violate this regulation should be fined by the relevant authorities between six thousand and sixty thousand NT dollars; and objects involved should be confiscated or dealt with accordingly. If behavior is not corrected within the period specified by the formal notice, fines will be imposed for each further violation. In the case where the victim is dead, the fine could be voided after the social benefits are assessed by the relevant authorities.
第 13 條
廣告物、出版品、廣播、電視、電子訊號、電腦網路或其他媒體，不得報導或記載被害人之姓名或其他足資識別被害人身分之資訊。但經有行為能 力之被害人同意或犯罪偵查機關依法認為有必要者，不在此限。
違反前項規定者，由各該目的事業主管機關處新臺幣六萬元以上六十萬元以下罰鍰，並得沒入前項物品或採行其他必要之處置；其經通知限期改正 ，屆期不改正者，得按次連續處罰。但被害人死亡，經目的事業主管機關權衡社會公益，認有報導必要者，不罰。
Article 14
The High Court, the Supreme Prosecutors' Office, the Military Court, the Military Court Prosecutors' Office, the Judiciary, the Military Police Authority and medical institutions should allocate specially trained people to deal with sexual assault incidents.
The medical organizations mentioned above refer to those medical units that are appointed by the central competent Health Authority to deal with sexual assault incidents.
第 14 條
法院、檢察署、軍事法院、軍事法院檢察署、司法、軍法警察機關及醫療機構，應由經專業訓練之專人處理性侵害事件。
前項醫療機構，係指由中央衛生主管機關指定設置處理性侵害事件醫療小組之醫療機構。
Article 15
The victim's legal representative, spouse, a direct relative or within the third-degree relatives, parents, family members, doctor, psychiatrist, consolation workers or social workers may accompany the victim during the investigation or trial and state their opinions.
The above item does not apply when the person who is responsible for accompanying the victim, is the offender or the suspect in the sexual assault.In the case of the victim being a child or teenager, unless it is obviously unnecessary, the relevant authorities of the special municipality or County (City) should appoint a social worker to keep the victim accompanied and provide opinions.
第 15 條
被害人之法定代理人、配偶、直系或三親等內旁系血親、家長、家屬、醫師、心理師、輔導人員或社工人員得於偵查或審判中，陪同被害人在場，並得陳述意見。
前項規定，於得陪同在場之人為性侵害犯罪嫌疑人或被告時，不適用之。
被害人為兒童或少年時，除顯無必要者外，直轄市、縣 (市) 主管機關應指派社工人員於偵查或審判中陪同在場，並得陳述意見。
Article 16
According to his or her application or rights, the inquiries or questioning of the victim may be carried out outside the court via technology equipment such as audio, video conference or any other suitable means so that the victim is isolated from the defendant or judge.
The judge or court martial chairman should undertake the above isolating-for-questioning approach, when the victim is called to the court to give statement and is unable to speak freely or completely during the face-to-face questioning due to mental disability or physical and psychological injury.The chief judge should also inquire if the defendant or defence barrister is forbidden from questioning the victim inappropriately.
The defendant in a sexual assault crime and his or her defence barrister should not question or raise the sexual experience that victim had other than with the defendant, unless the judge or Military Judge considers it to be necessary.
第 16 條
對被害人之訊問或詰問，得依聲請或依職權在法庭外為之，或利用聲音、 影像傳送之科技設備或其他適當隔離措施，將被害人與被告或法官隔離。
被害人經傳喚到庭作證時，如因心智障礙或身心創傷，認當庭詰問有致其不能自由陳述或完全陳述之虞者，法官、軍事審判官應採取前項隔離詰問之措施。
審判長因當事人或辯護人詰問被害人不當而禁止其詰問者，得以訊問代之。
性侵害犯罪之被告或其辯護人不得詰問或提出有關被害人與被告以外之人之性經驗證據。但法官、軍事審判官認有必要者，不在此限。
Article 17
Should the victim fall into one of the following categories, the statement which he or she made to the prosecuting officer, judicial police officer or judicial policeman's investigation can be used as evidence if it is proved to be true and if it essential to decide the committal of the crime:
A. The victim is unable to make a statement due to physical or psychological injury resulting from the sexual assault incident.
B. The victim is present at the trial but is unable to or refuses to make a statement due to physical or psychological pressure.
(note: B款 刪除: "caused by the inquiries or cross-examination."會較清楚 )
第 17 條
被害人於審判中有下列情形之一，其於檢察事務官、司法警察官或司法警察調查中所為之陳述，經證明具有可信之特別情況，且為證明犯罪事實之存否所必要者，得為證據：
一、因性侵害致身心創傷無法陳述者。
二、到庭後因身心壓力於訊問或詰問時無法為完全之陳述或拒絕陳述者。
Article 18
Trials of sexual assault crimes are not open to public, unless they fall into one of the following categories and are considered suitable by the judge or military judge:
A. Agreement of the victim.
B. In the case of the victim having no or limited behaviour capability, agreement should be made with both the victim and his or her legal representative.
第 18 條
性侵害犯罪之案件，審判不得公開。但有下列情形之一，經法官或軍事審判官認有必要者，不在此限：
一、被害人同意。
二、被害人為無行為能力或限制行為能力者，經本人及其法定代理人同意 。
Article 19
According to his or her application, the special municipality or county (city) government should provide the victim the following allowance:A. Medical costs that are outside the scope of National Health Insurance and fees for psychological recovery.B. Legal cost and lawyer's fees.C. Other fees.
Aspects such as the allowance's eligibility, condition and amount are decided by the authorities of the special municipality or county (city) government.
第 19 條
直轄市、縣 (市) 主管機關得依被害人之申請，核發下列補助：
一、非屬全民健康保險給付範圍之醫療費用及心理復健費用。
二、訴訟費用及律師費用。
三、其他費用。
前項補助對象、條件及金額等事項之規定，由直轄市、縣 (市) 主管機關定之。
Article 20
Should the offender fall into any one of the following categories, and it is considered to be necessary, the relevant authorities of the special municipalities or county (city) government should order the offender to receive physical and psychological treatment or counseling education.A. Completed imprisonment term or similar measure of safety. B. Parole.C. Postponement of the execution.D. Exemption from the penalty.E. Pardoned F. Suspension of prosecution punishment
The guardian, who is responsible for protected controls of the offender falling into the above category two and three, should deal with him or her with the following one or several approaches:
A. Arrange appointments, visits, and involve group activities or conduct surveys to assist the offenders in preventive controls.B. Arrange frequent appointments and visits, for the offender who is already in protective control, and where it has been proved there is enough evidence that he or she conducted the same crime. If necessary, the victim should be allowed to meet an appointed person from the police department regularly or irregularly.C. Order the offender who is already under preventive controls and is suspected of taking drugs to take a urinary test.D. For the offender who is under preventive control and has no permanent accommodation or accommodation that is not good for the conductor of the preventive control, the guardian should appeal to the Prosecutor and Military Judge to obtain permission so that the offender stays at an appointed accommodation.E. For the offender, who is under preventive control, has habit of conducting crime at night or is proved to have conducted the same crime with sufficient evidence, the guardian should institute a curfew with the permission from the Prosecutor and Military Judge.F. For the offender, who is under preventive control, that has already received physical and psychological treatment or counselling education, the guardian should carry out a lie detector test with the permission from the Prosecutor and Military Judge.G. The guardian should constrain the offender, who is under preventive control, and has an identifiable crime pattern or is proved to have conducted crime again with sufficient evidence, to stay close to certain locations or people with the permission from the Prosecutor and Military Judge.H. Introduce the offender to the appropriate organization or section.I. Other necessary approaches.
With the permission from the Prosecutor and Military Judge, the guardian could supervise and control the offender, who falls into the above item 4 and 5, with technological equipment.
The period of carrying out the first item is less than three years. However the special municipalities or county (city) government should stop carrying out the approach when the regulation is assessed and considered to be unnecessary.
The assessment of the first item should be carried out by the relevant authorities of the special municipalities or county (city). In the case where the offender is in jail, the assessment should be carried out by the prison or military prison.
Aspects such as the assessment's content, preparation and procedure, the physical and psychological treatment or counselling education, the registration's content and procedure and result evaluation in term 1, should be formulated by the central authorities, Ministry of Justice, Ministry of National Defence and the Department of Health, Executive Yuan.
As far as the urinary test concerned in item 2.3, its execution, procedure, period and frequency, examining organization and other aspects are decided by the Ministry of Justice and other relevant organizations.
The lie detector test concerned in item 2.6, its executing authorities (organization), people, conducting procedure and manner, and the technology equipment concerned in item 3, its supervising and control manner, conducting procedure, authorities (organization) and people, are decided by the Ministry of Justice and other relevant organizations.
第 20 條
加害人有下列情形之一，經評估認有施以治療輔導之必要者，直轄市、縣 (市) 主管機關應命其接受身心治療或輔導教育： 一、有期徒刑或保安處分執行完畢。
二、假釋。
三、緩刑。
四、免刑。
五、赦免。
六、緩起訴處分。 觀護人對於前項第二款、第三款付保護管束之加害人，得採取下列一款或數款之處遇方式： 一、對於受保護管束之加害人實施約談、訪視，並得進行團體活動或問卷等輔助行為。
二、對於有事實足認其有再犯罪之虞或需加強輔導及管束之受保護管束加害人，得密集實施約談、訪視；必要時，並得請警察機關派員定期或不定期查訪之。
三、對於受保護管束之加害人有事實可疑為施用毒品時，得命其接受採驗尿液。 四、受保護管束之加害人無一定之居住處所，或其居住處所不利保護管束之執行者，觀護人得報請檢察官、軍事檢察官許可，命其居住於指定之處所。
五、受保護管束之加害人有於夜間犯罪之習性，或有事實足認其有再犯罪之虞時，觀護人得報請檢察官、軍事檢察官許可，施以宵禁。
六、受保護管束之加害人經評估應接受身心治療或輔導教育者，觀護人得報經檢察官、軍事檢察官之許可，對其實施測謊。
七、受保護管束之加害人有固定犯罪模式，或有事實足認其有再犯罪之虞時，觀護人得報請檢察官、軍事檢察官許可，禁止其接近特定場所或對象。
八、轉介適當機構或團體。
九、其他必要處遇。
觀護人對於實施前項第四款、第五款之受保護管束加害人，得報請檢察官、軍事檢察官許可後，輔以科技設備監控。[即俗稱之"電子腳鐐"]
第一項之執行期間為三年以下。但經評估認無繼續執行之必要者，直轄市 、縣 (市) 主管機關得免其處分之執行。
第一項之評估，除徒刑之受刑人由監獄或軍事監獄辦理外，由直轄市、縣(市) 主管機關辦理。
第一項評估之內容、基準、程序與身心治療或輔導教育及登記之內容、程序、成效評估等事項之辦法，由中央主管機關會同法務部、國防部及行政 院衛生署定之。
第二項第三款採驗尿液之執行方式、程序、期間次數、檢驗機構及項目等，由法務部會商相關機關定之。
第二項第六款測謊之機關 (構) 、人員、執行程序、方式等及第三項科技設備之監控方法、執行程序、機關 (構) 、人員等，由法務部會商相關機關定之。
[note]
Q:受保護管束之加害人.是否包括未成年人而付保護者? 少年法庭有無相關之專業輔導資源?
Q:實務上仍會發生受保護管束之人破壞監控設備之情形,如何強化現行防治網絡社區監控機制之不足?
Article 21
Should the offender, mentioned in Act 20, fall into any one of the categories, he/she is liable to pay a fine between ten thousand and fifty thousand new NT dollars and carry out the procedures within the specified period:A. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender is absent or refuses to receive assessment, physical and psychological treatment or counselling education without any appropriate reasons.B. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender arrives late at the assessment, physical and psychological treatment or counselling education or is present for fewer hours.C. Those who do not register or report regularly according to Act 23.1.The offender mentioned above who does not carry out the procedures, is liable for imprisonment term for up to one year, labor service under detention, a fine, or all together up to a fine of fifty thousand NT dollars.
After conducting the punishment the offender on parole, postponing the execution or postponing the prosecution punishment listed in item 1, the relevant authorities of the special municipality or county (city) should inform the local court prosecutors' office or the court martial prosecutor's office that is in charge.
On receiving the notice, the court prosecutors office or military court prosecutors' office, should inform the prison director, Ministry of Justice, and Ministry of National Defence to withdraw the parole, postpone the execution or suspend the prosecution punishment.
第 21 條
前條加害人有下列情形之一者，得處新臺幣一萬元以上五萬元以下罰鍰，並限期命其履行：
一、經直轄市、縣 (市) 主管機關通知，無正當理由不到場或拒絕接受評估、身心治療或輔導教育者。
二、經直轄市、縣 (市) 主管機關通知，無正當理由不按時到場接受身心治療或輔導教育或接受之時數不足者。
三、未依第二十三條第一項規定定期辦理登記或報到。
前項加害人屆期仍不履行者，處一年以下有期徒刑、拘役或科或併科新臺 幣五萬元以下罰金。
直轄市、縣 (市) 主管機關對於假釋、緩刑或受緩起訴處分之加害人為第 一項之處分後，應即通知該管地方法院檢察署檢察官或軍事法院檢察署檢察官。
地方法院檢察署檢察官、軍事法院檢察署檢察官接獲前項通知後，得通知原執行監獄典獄長報請法務部、國防部撤銷假釋或向法院、軍事法院聲請撤銷緩刑或依職權撤銷緩起訴處分。
Article 22
Should the offender conduct the same deed, after receiving physical and psychological treatment or counselling education as instructed by Act 21 item 1 (examination, assessment, his or her self-control and prevention) the special municipalities or county (city) government should hand in relevant assessment report to the local court prosecutors office's prosecuting officer and the military court prosecutor office's prosecuting officer and force the offender into treatment according to the Law.
第 22 條 : 加害人依第20條第1項規定接受身心治療或輔導教育，經鑑定、評估其自我控制再犯預防仍無成效者，直轄市、縣 (市) 主管機關得檢具相關評估報告，送請該管地方法院檢察署檢察官、軍事檢察署檢察官依法聲請強制治療。
Article 23
The offender who violates Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special regulations of the Criminal Law and violates any regulations of Act 21 should regularly report to the police bureau and register information such as their identity, enrolment, employment, driver's licence and details of movements. The period for the reporting and registering is seven years.
The above regulation does not apply if the offender is younger than 18 years old when the crime was committed.
The periodical registration aims to protect social benefit and the safety of the society and should be examined by an appointed person.
The registration and reporting process and the examination process's scope, content, executing organization, qualification and condition of the appointed person, the procedure of the examination and other procedures to be followed are decided by the relevant central authorities.
第 23 條
犯刑法第二百二十一條、第二百二十二條、第二百二十四條之一、第二百二十五條第一項、第二百二十六條、第二百二十六條之一、第三百三十二 條第二項第二款、第三百三十四條第二款、第三百四十八條第二項第一款 或其特別法之罪之加害人，有第二十條第一項各款情形之一者，應定期向 警察機關辦理身分、就學、工作、車籍及其異動等資料之登記及報到。其登記、報到之期間為七年。
前項規定於犯罪時未滿十八歲者，不適用之。
第一項登記期間之事項，為維護公共利益及社會安全之目的，於登記期間 得供特定人員查閱。
第一項登記、報到之程序及前項供查閱事項之範圍、內容、執行機關、查閱人員之資格、條件、查閱程序及其他應遵行事項之辦法，由中央主管機關定之。
Article 24
Detailed arrangements for implementing the Law are formulated by the central authorities concerned.
第 24 條 本法施行細則，由中央主管機關定之。
Article 25
The Law will be implemented six months after it is announced.
第 25 條 本法自公布後六個月施行。
Others:
妨害性自主相關法令
性騷擾防治有關法令
性侵害防治的漏洞? 2
性侵害防治的漏洞? 1
Sexual Assault Crime Prevention Act 性侵害犯罪防治法
WANLI YANG整理 2009.12.22
性侵害犯罪防治法 (民國 94 年 02 月 05 日 修正)
Article 1
This law is formulated in order to prevent sexual assault and to protect the rights of victims.
第 1 條 為防治性侵害犯罪及保護被害人權益，特制定本法。
Article 2
The Definition of sexual assault crime, refers to the situation where a person breaks Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special laws under the Criminal Code.
An offender, referred to under the Law, is a person who is sentenced as guilty for violating the above Acts.
第 2 條
本法所稱性侵害犯罪，係指觸犯刑法第221條至第227條、第228條、第229條、第332條第2項第2款、第334條第2款、第348條第2項第1款及其特別法之罪。
本法所稱加害人，係指觸犯前項各罪經判決有罪確定之人。 Article 3
The authorities concerned under the Law are the Ministry of Interior in Central Government, the City Government in a special municipality or the County (City) Government in a county (city).
第 3 條 : 本法所稱主管機關：在中央為內政部；在直轄市為直轄市政府；在縣 (市) 為縣 (市) 政府。
Article 4
The Ministry of Interior should set up a Committee of Sexual Assault Prevention to undertake the following items:
A. Investigate and draft polices and regulations about sexual assault prevention.
B. Co-ordinate and supervise the implementation of sexual assault prevention.
C. Supervise all levels of government arranging the handling procedures and a prevention and medical treatment network for sexual assault incidents.
D. Direct and promote sexual assault prevention education.
E. Make proposals and arrangements, gather statistics and manage sexual assault incidents.
F. Discuss the problems of sexual assault prevention.
G. Other issues about sexual assault prevention.
第 4 條
內政部應設性侵害防治委員會，掌理下列事項：
一、研擬性侵害防治政策及法規。
二、協調及監督有關性侵害防治事項之執行。
三、監督各級政府建立性侵害事件處理程序、防治及醫療網絡。
四、督導及推展性侵害防治教育。
五、性侵害事件各項資料之建立、彙整、統計及管理。
六、性侵害防治有關問題之研議。
七、其他性侵害防治有關事項。
Article 5
The head of the Ministry of Interior acts as the director general of its Committee of Sexual Assault Prevention; representatives of private institutions, scholars and experts should occupy at least half of the committee seats.
The Committee of Sexual Assault Prevention should allocate special people and departments to deal with relevant business affairs, and the corresponding regulations are formulated by the relevant central authorities.
第 5 條
內政部性侵害防治委員會，以內政部部長為主任委員，民間團體代表、學者及專家之比例不得少於委員總數二分之一。
性侵害防治委員會應配置專人分科處理有關業務；其組織規程，由中央主管機關定之。
Article 6
Special municipalities and county (city) governments should set up a Sexual Assault Prevention Center, which undertakes the following items:
A. Provide a 24-hour hotline service.
B. Provide victims with a 24-hour emergency rescue.
C. Assist victims by obtaining medical attentions, check ups and evidence.
D. Assist the victim with psychological treatment, counselling, emergency help and legal services. E. Set up special medical teams for dealing with sexual assault incidents with the co-operation of hospitals.
F. The offender's tracking counselling and physical and psychological treatment.
G. Promote sexual assault prevention education, training and advertising.
H. Other relevant issues about sexual assault prevention and protection.
The Sexual Assault Prevention Center should be equipped with social workers, police, medical teams and people from other relevant areas. Its organization is arranged by the relevant authorities of the special municipality or of the county (city).
Local governments should take the first two items into budgetary consideration and the central government will meet the difference with a special subsidy.
第 6 條
直轄市、縣 (市) 主管機關應設性侵害防治中心，辦理下列事項：
一、提供二十四小時電話專線服務。
二、提供被害人二十四小時緊急救援。
三、協助被害人就醫診療、驗傷及取得證據。
四、協助被害人心理治療、輔導、緊急安置及提供法律服務。
五、協調醫院成立專門處理性侵害事件之醫療小組。
六、加害人之追蹤輔導及身心治療。
七、推廣性侵害防治教育、訓練及宣導。
八、其他有關性侵害防治及保護事項。
前項中心應配置社工、警察、醫療及其他相關專業人員；其組織由直轄市、縣 (市) 主管機關定之。
地方政府應編列預算辦理前二項事宜，不足由中央主管機關編列專款補助。
Article 7
In each academic year, students at all levels of middle and primary schools should have four hours or more of courses on sexual assault prevention.
The sexual assault prevention courses should contain:A. The structure and function of the reproductive organs of both sexes.B. Safe sexual behavior and knowledge of self-protection.C. Education in equality of the sexes.D. Building a correct sexual psychology.E. Respect for others' sexual freedom.F. Realization that sexual offences are crimes.G. Dealing with dangers of sexual offensesH. Techniques of sexual offense prevention.I. Other relevant education about sexual offenses.
7 條
各級中小學每學年應至少有四小時以上之性侵害防治教育課程。
前項所稱性侵害防治教育課程應包括：
一、兩性性器官構造與功能。
二、安全性行為與自我保護性知識。
三、兩性平等之教育。
四、正確性心理之建立。
五、對他人性自由之尊重。
六、性侵害犯罪之認識。
七、性侵害危機之處理。
八、性侵害防範之技巧。
九、其他與性侵害有關之教育。
Article 8
During the turn of duty, should medical workers, social workers, education workers, nursery workers, police or administrative workers learn of suspicious sexual assault incidents, they must report to the relevant authorities of special municipalities or County (City) within 24 hours. The manner and content of the report is as formulated by the relevant central authorities.
The content of the report, the name and address of the reporter and any information that is sufficient to identify him/her are confidential unless it is specified otherwise in the Law.
第 8 條
醫事人員、社工人員、教育人員、保育人員、警察人員、勞政人員，於執行職務知有疑似性侵害犯罪情事者，應立即向當地直轄市、縣 (市) 主管機關通報，至遲不得超過二十四小時。通報之方式及內容，由中央主管機關定之。
前項通報內容、通報人之姓名、住居所及其他足資識別其身分之資訊，除法律另有規定外，應予保密。 [note]
醫事人員:涵括"臨床心理人員".
事後發現網絡沒有通報之原因(理由)為:(1)不知道(2)被害人要求不要通報.(3)害怕通報之後,會增加麻煩.
Article 9
The central authorities should set up a national database of sexual offenders, and it should contain fingerprints and DNA.
The content of the database is confidential and should not be changed unless specified by the Law. The management and usage of the database is formulated by the relevant central authorities.
第 9 條
中央主管機關應建立全國性侵害加害人之檔案資料；其內容，應包含指紋、去氧核醣核酸紀錄。
前項檔案資料應予保密，非依法律規定，不得提供；其管理及使用等事項之辦法，由中央主管機關定之。
Article 10
Hospitals and clinics should not refuse giving medical attentions for no reason and should produce a Medical Certificate of Diagnosis. During the examination, the victim should be accompanied by nursing staff. The privacy of the victim should be protected and the victim should be offered a safe and appropriate environment for the examination.
The format of the Medical Certificate of Diagnosis is decided by the discussion between the central competent Health Authority and relevant authorities.Those who violate this regulation should pay a fine of between ten thousand and fifty thousand NT dollars to relevant health authorities.
第 10 條
醫院、診所對於被害人，不得無故拒絕診療及開立驗傷診斷書。
醫院、診所對被害人診療時，應有護理人員陪同，並應保護被害人之隱私，提供安全及合適之就醫環境。
第一項驗傷診斷書之格式，由中央衛生主管機關會商有關機關定之。
違反第一項規定者，由衛生主管機關處新臺幣一萬元以上五萬元以下罰鍰。 Article 11
The victim should agree to be examined while collecting evidence, unless it is specified in the Criminal Law, Military Justice Law or the victim is unconscious or otherwise unable to express him or herself.
In the case of the victim being incompetent (to manage his or her own property) or younger than twelve years old, permission should be obtained from his or her guardian or legal representative. However if the guardian or legal representative is unclear, difficult to contact, or is suspected of conducting the sexual assault, examination should be carried out to collect evidence.
After collecting evidence, the exhibit should be kept in the exhibit bag. The judiciary and military police should immediately send the exhibit to the National Police Agency at the Ministry of Interior for examination. The result of the exhibit's examination should be filed according to the Law.
If a case of sexual assault crime is only considered for prosecution as an offense instituted only in response to complaint (a legal complaint or a private prosecution has not been proposed yet), the National Police Agency of the Ministry of Interior should send the exhibit to the relevant local authorities of the special municipality or County (City) for safe keeping. In the case of it being impossible to identify a suspect, the exhibit will be destroyed after six months.
第 11 條
對於被害人之驗傷及取證，除依刑事訴訟法、軍事審判法之規定或被害人無意識或無法表意者外，應經被害人之同意。被害人為禁治產或未滿十二歲之人時，應經其監護人或法定代理人之同意。但監護人或法定代理人之有無不明、通知顯有困難或為該性侵害犯罪之嫌疑人時，得逕行驗傷及取證。
取得證據後，應保全證物於證物袋內，司法、軍法警察並應即送請內政部警政署鑑驗，證物鑑驗報告並應依法保存。
性侵害犯罪案件屬告訴乃論者，尚未提出告訴或自訴時，內政部警政署應將證物移送犯罪發生地之直轄市、縣 (市) 主管機關保管，除未能知悉犯罪嫌疑人外，證物保管六個月後得逕行銷毀。
Article 12
Due to work reasons, those who know or have the victim's name, date of birth, address and any other information that is sufficient to identify his or her identity, should keep these details confidential unless specified by the Law.
The published legal documents, produced by the executive, judicial and military authorities, should not reveal the victim's name, date of birth, address or any other information that is sufficient to identify him/her.
第 12 條
因職務或業務知悉或持有性侵害被害人姓名、出生年月日、住居所及其他足資識別其身分之資料者，除法律另有規定外，應予保密。
行政機關、司法機關及軍法機關所製作必須公示之文書，不得揭露被害人之姓名、出生年月日、住居所及其他足資識別被害人身分之資訊。
Article 13
Advertisements, publications, broadcasting, television, electronic messages, the Internet or any other kinds of media should neither report nor record the victim's name nor any other information which might be sufficient to reveal his or her identity. This regulation does not apply in the case where a victim having behavioral capability gives permission or where the crime investigation authorities consider it to be necessary according to the law.
Those who violate this regulation should be fined by the relevant authorities between six thousand and sixty thousand NT dollars; and objects involved should be confiscated or dealt with accordingly. If behavior is not corrected within the period specified by the formal notice, fines will be imposed for each further violation. In the case where the victim is dead, the fine could be voided after the social benefits are assessed by the relevant authorities.
第 13 條
廣告物、出版品、廣播、電視、電子訊號、電腦網路或其他媒體，不得報導或記載被害人之姓名或其他足資識別被害人身分之資訊。但經有行為能 力之被害人同意或犯罪偵查機關依法認為有必要者，不在此限。
違反前項規定者，由各該目的事業主管機關處新臺幣六萬元以上六十萬元以下罰鍰，並得沒入前項物品或採行其他必要之處置；其經通知限期改正 ，屆期不改正者，得按次連續處罰。但被害人死亡，經目的事業主管機關權衡社會公益，認有報導必要者，不罰。
Article 14
The High Court, the Supreme Prosecutors' Office, the Military Court, the Military Court Prosecutors' Office, the Judiciary, the Military Police Authority and medical institutions should allocate specially trained people to deal with sexual assault incidents.
The medical organizations mentioned above refer to those medical units that are appointed by the central competent Health Authority to deal with sexual assault incidents.
第 14 條
法院、檢察署、軍事法院、軍事法院檢察署、司法、軍法警察機關及醫療機構，應由經專業訓練之專人處理性侵害事件。
前項醫療機構，係指由中央衛生主管機關指定設置處理性侵害事件醫療小組之醫療機構。
Article 15
The victim's legal representative, spouse, a direct relative or within the third-degree relatives, parents, family members, doctor, psychiatrist, consolation workers or social workers may accompany the victim during the investigation or trial and state their opinions.
The above item does not apply when the person who is responsible for accompanying the victim, is the offender or the suspect in the sexual assault.In the case of the victim being a child or teenager, unless it is obviously unnecessary, the relevant authorities of the special municipality or County (City) should appoint a social worker to keep the victim accompanied and provide opinions.
第 15 條
被害人之法定代理人、配偶、直系或三親等內旁系血親、家長、家屬、醫師、心理師、輔導人員或社工人員得於偵查或審判中，陪同被害人在場，並得陳述意見。
前項規定，於得陪同在場之人為性侵害犯罪嫌疑人或被告時，不適用之。
被害人為兒童或少年時，除顯無必要者外，直轄市、縣 (市) 主管機關應指派社工人員於偵查或審判中陪同在場，並得陳述意見。
Article 16
According to his or her application or rights, the inquiries or questioning of the victim may be carried out outside the court via technology equipment such as audio, video conference or any other suitable means so that the victim is isolated from the defendant or judge.
The judge or court martial chairman should undertake the above isolating-for-questioning approach, when the victim is called to the court to give statement and is unable to speak freely or completely during the face-to-face questioning due to mental disability or physical and psychological injury.The chief judge should also inquire if the defendant or defence barrister is forbidden from questioning the victim inappropriately.
The defendant in a sexual assault crime and his or her defence barrister should not question or raise the sexual experience that victim had other than with the defendant, unless the judge or Military Judge considers it to be necessary.
第 16 條
對被害人之訊問或詰問，得依聲請或依職權在法庭外為之，或利用聲音、 影像傳送之科技設備或其他適當隔離措施，將被害人與被告或法官隔離。
被害人經傳喚到庭作證時，如因心智障礙或身心創傷，認當庭詰問有致其不能自由陳述或完全陳述之虞者，法官、軍事審判官應採取前項隔離詰問之措施。
審判長因當事人或辯護人詰問被害人不當而禁止其詰問者，得以訊問代之。
性侵害犯罪之被告或其辯護人不得詰問或提出有關被害人與被告以外之人之性經驗證據。但法官、軍事審判官認有必要者，不在此限。
Article 17
Should the victim fall into one of the following categories, the statement which he or she made to the prosecuting officer, judicial police officer or judicial policeman's investigation can be used as evidence if it is proved to be true and if it essential to decide the committal of the crime:
A. The victim is unable to make a statement due to physical or psychological injury resulting from the sexual assault incident.
B. The victim is present at the trial but is unable to or refuses to make a statement due to physical or psychological pressure.
(note: B款 刪除: "caused by the inquiries or cross-examination."會較清楚 )
第 17 條
被害人於審判中有下列情形之一，其於檢察事務官、司法警察官或司法警察調查中所為之陳述，經證明具有可信之特別情況，且為證明犯罪事實之存否所必要者，得為證據：
一、因性侵害致身心創傷無法陳述者。
二、到庭後因身心壓力於訊問或詰問時無法為完全之陳述或拒絕陳述者。
Article 18
Trials of sexual assault crimes are not open to public, unless they fall into one of the following categories and are considered suitable by the judge or military judge:
A. Agreement of the victim.
B. In the case of the victim having no or limited behaviour capability, agreement should be made with both the victim and his or her legal representative.
第 18 條
性侵害犯罪之案件，審判不得公開。但有下列情形之一，經法官或軍事審判官認有必要者，不在此限：
一、被害人同意。
二、被害人為無行為能力或限制行為能力者，經本人及其法定代理人同意 。
Article 19
According to his or her application, the special municipality or county (city) government should provide the victim the following allowance:A. Medical costs that are outside the scope of National Health Insurance and fees for psychological recovery.B. Legal cost and lawyer's fees.C. Other fees.
Aspects such as the allowance's eligibility, condition and amount are decided by the authorities of the special municipality or county (city) government.
第 19 條
直轄市、縣 (市) 主管機關得依被害人之申請，核發下列補助：
一、非屬全民健康保險給付範圍之醫療費用及心理復健費用。
二、訴訟費用及律師費用。
三、其他費用。
前項補助對象、條件及金額等事項之規定，由直轄市、縣 (市) 主管機關定之。
Article 20
Should the offender fall into any one of the following categories, and it is considered to be necessary, the relevant authorities of the special municipalities or county (city) government should order the offender to receive physical and psychological treatment or counseling education.A. Completed imprisonment term or similar measure of safety. B. Parole.C. Postponement of the execution.D. Exemption from the penalty.E. Pardoned F. Suspension of prosecution punishment
The guardian, who is responsible for protected controls of the offender falling into the above category two and three, should deal with him or her with the following one or several approaches:
A. Arrange appointments, visits, and involve group activities or conduct surveys to assist the offenders in preventive controls.B. Arrange frequent appointments and visits, for the offender who is already in protective control, and where it has been proved there is enough evidence that he or she conducted the same crime. If necessary, the victim should be allowed to meet an appointed person from the police department regularly or irregularly.C. Order the offender who is already under preventive controls and is suspected of taking drugs to take a urinary test.D. For the offender who is under preventive control and has no permanent accommodation or accommodation that is not good for the conductor of the preventive control, the guardian should appeal to the Prosecutor and Military Judge to obtain permission so that the offender stays at an appointed accommodation.E. For the offender, who is under preventive control, has habit of conducting crime at night or is proved to have conducted the same crime with sufficient evidence, the guardian should institute a curfew with the permission from the Prosecutor and Military Judge.F. For the offender, who is under preventive control, that has already received physical and psychological treatment or counselling education, the guardian should carry out a lie detector test with the permission from the Prosecutor and Military Judge.G. The guardian should constrain the offender, who is under preventive control, and has an identifiable crime pattern or is proved to have conducted crime again with sufficient evidence, to stay close to certain locations or people with the permission from the Prosecutor and Military Judge.H. Introduce the offender to the appropriate organization or section.I. Other necessary approaches.
With the permission from the Prosecutor and Military Judge, the guardian could supervise and control the offender, who falls into the above item 4 and 5, with technological equipment.
The period of carrying out the first item is less than three years. However the special municipalities or county (city) government should stop carrying out the approach when the regulation is assessed and considered to be unnecessary.
The assessment of the first item should be carried out by the relevant authorities of the special municipalities or county (city). In the case where the offender is in jail, the assessment should be carried out by the prison or military prison.
Aspects such as the assessment's content, preparation and procedure, the physical and psychological treatment or counselling education, the registration's content and procedure and result evaluation in term 1, should be formulated by the central authorities, Ministry of Justice, Ministry of National Defence and the Department of Health, Executive Yuan.
As far as the urinary test concerned in item 2.3, its execution, procedure, period and frequency, examining organization and other aspects are decided by the Ministry of Justice and other relevant organizations.
The lie detector test concerned in item 2.6, its executing authorities (organization), people, conducting procedure and manner, and the technology equipment concerned in item 3, its supervising and control manner, conducting procedure, authorities (organization) and people, are decided by the Ministry of Justice and other relevant organizations.
第 20 條
加害人有下列情形之一，經評估認有施以治療輔導之必要者，直轄市、縣 (市) 主管機關應命其接受身心治療或輔導教育： 一、有期徒刑或保安處分執行完畢。
二、假釋。
三、緩刑。
四、免刑。
五、赦免。
六、緩起訴處分。 觀護人對於前項第二款、第三款付保護管束之加害人，得採取下列一款或數款之處遇方式： 一、對於受保護管束之加害人實施約談、訪視，並得進行團體活動或問卷等輔助行為。
二、對於有事實足認其有再犯罪之虞或需加強輔導及管束之受保護管束加害人，得密集實施約談、訪視；必要時，並得請警察機關派員定期或不定期查訪之。
三、對於受保護管束之加害人有事實可疑為施用毒品時，得命其接受採驗尿液。 四、受保護管束之加害人無一定之居住處所，或其居住處所不利保護管束之執行者，觀護人得報請檢察官、軍事檢察官許可，命其居住於指定之處所。
五、受保護管束之加害人有於夜間犯罪之習性，或有事實足認其有再犯罪之虞時，觀護人得報請檢察官、軍事檢察官許可，施以宵禁。
六、受保護管束之加害人經評估應接受身心治療或輔導教育者，觀護人得報經檢察官、軍事檢察官之許可，對其實施測謊。
七、受保護管束之加害人有固定犯罪模式，或有事實足認其有再犯罪之虞時，觀護人得報請檢察官、軍事檢察官許可，禁止其接近特定場所或對象。
八、轉介適當機構或團體。
九、其他必要處遇。
觀護人對於實施前項第四款、第五款之受保護管束加害人，得報請檢察官、軍事檢察官許可後，輔以科技設備監控。[即俗稱之"電子腳鐐"]
第一項之執行期間為三年以下。但經評估認無繼續執行之必要者，直轄市 、縣 (市) 主管機關得免其處分之執行。
第一項之評估，除徒刑之受刑人由監獄或軍事監獄辦理外，由直轄市、縣(市) 主管機關辦理。
第一項評估之內容、基準、程序與身心治療或輔導教育及登記之內容、程序、成效評估等事項之辦法，由中央主管機關會同法務部、國防部及行政 院衛生署定之。
第二項第三款採驗尿液之執行方式、程序、期間次數、檢驗機構及項目等，由法務部會商相關機關定之。
第二項第六款測謊之機關 (構) 、人員、執行程序、方式等及第三項科技設備之監控方法、執行程序、機關 (構) 、人員等，由法務部會商相關機關定之。
[note]
Q:受保護管束之加害人.是否包括未成年人而付保護者? 少年法庭有無相關之專業輔導資源?
Q:實務上仍會發生受保護管束之人破壞監控設備之情形,如何強化現行防治網絡社區監控機制之不足?
Article 21
Should the offender, mentioned in Act 20, fall into any one of the categories, he/she is liable to pay a fine between ten thousand and fifty thousand new NT dollars and carry out the procedures within the specified period:A. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender is absent or refuses to receive assessment, physical and psychological treatment or counselling education without any appropriate reasons.B. After receiving the notice from the relevant authorities of the special municipalities or county (city), the offender arrives late at the assessment, physical and psychological treatment or counselling education or is present for fewer hours.C. Those who do not register or report regularly according to Act 23.1.The offender mentioned above who does not carry out the procedures, is liable for imprisonment term for up to one year, labor service under detention, a fine, or all together up to a fine of fifty thousand NT dollars.
After conducting the punishment the offender on parole, postponing the execution or postponing the prosecution punishment listed in item 1, the relevant authorities of the special municipality or county (city) should inform the local court prosecutors' office or the court martial prosecutor's office that is in charge.
On receiving the notice, the court prosecutors office or military court prosecutors' office, should inform the prison director, Ministry of Justice, and Ministry of National Defence to withdraw the parole, postpone the execution or suspend the prosecution punishment.
第 21 條
前條加害人有下列情形之一者，得處新臺幣一萬元以上五萬元以下罰鍰，並限期命其履行：
一、經直轄市、縣 (市) 主管機關通知，無正當理由不到場或拒絕接受評估、身心治療或輔導教育者。
二、經直轄市、縣 (市) 主管機關通知，無正當理由不按時到場接受身心治療或輔導教育或接受之時數不足者。
三、未依第二十三條第一項規定定期辦理登記或報到。
前項加害人屆期仍不履行者，處一年以下有期徒刑、拘役或科或併科新臺 幣五萬元以下罰金。
直轄市、縣 (市) 主管機關對於假釋、緩刑或受緩起訴處分之加害人為第 一項之處分後，應即通知該管地方法院檢察署檢察官或軍事法院檢察署檢察官。
地方法院檢察署檢察官、軍事法院檢察署檢察官接獲前項通知後，得通知原執行監獄典獄長報請法務部、國防部撤銷假釋或向法院、軍事法院聲請撤銷緩刑或依職權撤銷緩起訴處分。
Article 22
Should the offender conduct the same deed, after receiving physical and psychological treatment or counselling education as instructed by Act 21 item 1 (examination, assessment, his or her self-control and prevention) the special municipalities or county (city) government should hand in relevant assessment report to the local court prosecutors office's prosecuting officer and the military court prosecutor office's prosecuting officer and force the offender into treatment according to the Law.
第 22 條 : 加害人依第20條第1項規定接受身心治療或輔導教育，經鑑定、評估其自我控制再犯預防仍無成效者，直轄市、縣 (市) 主管機關得檢具相關評估報告，送請該管地方法院檢察署檢察官、軍事檢察署檢察官依法聲請強制治療。
Article 23
The offender who violates Act 221 to 227, Act 228, Act 229, Act 332.2.2, Act 334.2, Act 248.2.1 and its special regulations of the Criminal Law and violates any regulations of Act 21 should regularly report to the police bureau and register information such as their identity, enrolment, employment, driver's licence and details of movements. The period for the reporting and registering is seven years.
The above regulation does not apply if the offender is younger than 18 years old when the crime was committed.
The periodical registration aims to protect social benefit and the safety of the society and should be examined by an appointed person.
The registration and reporting process and the examination process's scope, content, executing organization, qualification and condition of the appointed person, the procedure of the examination and other procedures to be followed are decided by the relevant central authorities.
第 23 條
犯刑法第二百二十一條、第二百二十二條、第二百二十四條之一、第二百二十五條第一項、第二百二十六條、第二百二十六條之一、第三百三十二 條第二項第二款、第三百三十四條第二款、第三百四十八條第二項第一款 或其特別法之罪之加害人，有第二十條第一項各款情形之一者，應定期向 警察機關辦理身分、就學、工作、車籍及其異動等資料之登記及報到。其登記、報到之期間為七年。
前項規定於犯罪時未滿十八歲者，不適用之。
第一項登記期間之事項，為維護公共利益及社會安全之目的，於登記期間 得供特定人員查閱。
第一項登記、報到之程序及前項供查閱事項之範圍、內容、執行機關、查閱人員之資格、條件、查閱程序及其他應遵行事項之辦法，由中央主管機關定之。
Article 24
Detailed arrangements for implementing the Law are formulated by the central authorities concerned.
第 24 條 本法施行細則，由中央主管機關定之。
Article 25
The Law will be implemented six months after it is announced.
第 25 條 本法自公布後六個月施行。
Others:
妨害性自主相關法令
性騷擾防治有關法令
性侵害防治的漏洞? 2
性侵害防治的漏洞? 1
Sexual Assault Crime Prevention Act 性侵害犯罪防治法
WANLI YANG整理 2009.12.22
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