2010年3月25日 星期四

中華民國刑法 Criminal Law 309-314

中華民國刑法 Criminal Law 309-314
Taiwan Criminal Law 刑法英文版
Article 309-314

Chapter 27

Offenses Against Reputation and Credit

Article 309

A person who publicly insults another shall be punished with short-term imprisonment or a fine of not more than three hundred yuan.

A person who by violence commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

Article 310

A person who points out or disseminates a fact which will injure the reputation of another for purpose that it be communicated to the pubic commits the offense of slander and shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

A person who by circulating a writing or drawing commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.

A person who can prove the truth of the defamatory fact shall not be punished for the offense of defamation unless the fact concerns private life and is of no public concern.

Article 311

A person who makes a statement with bona-fide intent under one of the following circumstances shall not be punished:

Self-defense, self-justification, or the protection of legal interest
A report made by a public official in his official capacity
Fair comment on a fact subject to public criticism
Fair report on the proceedings of a national or local assembly, court, or a public meeting
Article 312

A person who publicly insults a deceased person shall be punished with short-term imprisonment or a fine of not more than three hundred yuan.

A person who commits the offense of defamation of a deceased person shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one thousand yuan.

Article 313

A person who injures the credit of another by circulating rumors or by fraudulent means shall be punished with fixed-term imprisonment for not more than two years or with short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.

Article 314

Prosecution for an offense specified in this Chapter may be instituted only upon complaint.

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