Chapter 21 Offenses of Gambling
Article 266
A person who gambles in a public place or a place open to the public shall be punished with a fine of not more than one thousand yuan unless the item for which he gambles is one to provide temporary amusement.
Gambling apparatus at the site or a thing of value found at the gambling table or place for exchange of gambling tokens shall be forfeitedconfiscated whether or not it belongs to the offender.
Article 267
(Deleted)
Article 268
A person who for the purposepurpose of gain furnishes a place to gamble or assembles person to gamble shall be punished with fixed-term imprisonment for not more than three years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
Article 269
A person who for the purposepurpose of gain operates a prize-giving savings business or issues lottery tickets without permission of the government shall be punished with fixed-term imprisonment for not more than one year or detentionshort-term imprisonment; in addition thereto, a fine of not more than three thousand yuan may be imposed.
An agent who acts as an intermediary in a prize-giving savings business or in the sale of lottery tickets as specified in the preceding paragraph shall be punished with fixed-term imprisonment for not more than six months or detentionshort-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 270
A public official who harbors a person who commits an offense specified in this Chapter shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
http://wanliyang.blogspot.com/2009/10/blog-post.html
2010.10.17
BY Wan-Li Yang
2010年10月16日 星期六
Chpater 22 Offenses of Homicide
Chapter 22
Offenses of Homicide
Article 271
A person who causes the death of another human being shall be punished with death or life imprisonment or fixed-term imprisonment for not less than ten years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not more than two years.
Article 272
A person who causes the death of his lineal blood ascendant shall be punished with death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not more than three years.
Article 273
A person who acted in the heat of passion caused by legally sufficient provocation thereupon causes the death of another shall be punished with fixed-term imprisonment for not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 274
A mother who causes the death of her child at the time of or immediately after its birth shall be punished with fixed-term imprisonment for not less than six months but not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 275
A person who solicits or aids another to commit suicide or who causes the death of another upon his request or with his consent shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
If two or more persons agree to die together and commit an offense specified in paragraph 1, the punishment may be remitted.
Article 276
A person who negligently causes the death of another shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two thousand yuan.
A person who in the performance of his occupation commits an offense specified in the preceding paragraph by neglecting the degree of care required by such occupation shall be punished with fixed-term imprisonment for not more than five years or short-term imprisonment; in addition thereto, a fine of not more than three thousand yuan may be imposed.
Offenses of Homicide
Article 271
A person who causes the death of another human being shall be punished with death or life imprisonment or fixed-term imprisonment for not less than ten years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not more than two years.
Article 272
A person who causes the death of his lineal blood ascendant shall be punished with death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be punished with fixed-term imprisonment for not more than three years.
Article 273
A person who acted in the heat of passion caused by legally sufficient provocation thereupon causes the death of another shall be punished with fixed-term imprisonment for not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 274
A mother who causes the death of her child at the time of or immediately after its birth shall be punished with fixed-term imprisonment for not less than six months but not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 275
A person who solicits or aids another to commit suicide or who causes the death of another upon his request or with his consent shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
If two or more persons agree to die together and commit an offense specified in paragraph 1, the punishment may be remitted.
Article 276
A person who negligently causes the death of another shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two thousand yuan.
A person who in the performance of his occupation commits an offense specified in the preceding paragraph by neglecting the degree of care required by such occupation shall be punished with fixed-term imprisonment for not more than five years or short-term imprisonment; in addition thereto, a fine of not more than three thousand yuan may be imposed.
Chapter 23 Offenses of Causing Injury
Chapter 23 Offenses of Causing Injury
Article 277
A person who causes injury to another shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine of not more than one thousand yuan.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
Article 278
A person who causes aggravated injury to another shall be punished with fixed-term imprisonment for not less than five years but not more than twelve years.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 279
A person who acted in the heat of passion caused by legally sufficient provocation thereupon commits an offense specified in one of the two preceding articles 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; if death results from the commission of such an offense, he shall be punished with fixed-term imprisonment for not more than five years.
Article 280
A person who commits an offense specified in Article 277 or 278 against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 281
A person who commits an act of assault or battery against his lineal blood ascendant without causing him an injury 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 282
A person who solicits or aids another to cause aggravated injury to himself or who causes aggravated injury to another upon his request or with his consent shall be punished with fixed-term imprisonment for not less than three years; if death results from the commission of such offense, he shall be punished for fixed-term imprisonment for not less than six months but not more than five years.
Article 283
A person not acting in proper self-defense who participates in an affray which results in death or aggravated injury shall be punished with fixed-term imprisonment for not more than three years; a person who actually causes such injury shall be punished in accordance with the provisions of articles relating to offenses of causing injury.
Article 284
A person who negligently causes injury to another shall be punished with fixed-term imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan; if aggravated injury results, he 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 in the performance of his occupation causes injury to another by neglecting the degree of care required by such occupation 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; if aggravated injury results, he shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than two thousand yuan.
Article 285
A person who knows that he has a venereal disease or leprosy conceals such a fact to commit an obscene act or have sexual intercourse with another and causes such other to be infected 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 286
A person who maltreats a male or female who is under the age of sixteen or who by other means impairs the natural development of the body of such a male or female shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who for purpose of gain commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not less than five years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 287
Prosecution for an offense specified in paragraph 1 of Article 277, Article 281, 284, or 285 may be instituted only upon complaint except the offense specified in paragraph 1 of Article 277 committed by a public official.
Article 277
A person who causes injury to another shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine of not more than one thousand yuan.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
Article 278
A person who causes aggravated injury to another shall be punished with fixed-term imprisonment for not less than five years but not more than twelve years.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 279
A person who acted in the heat of passion caused by legally sufficient provocation thereupon commits an offense specified in one of the two preceding articles 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; if death results from the commission of such an offense, he shall be punished with fixed-term imprisonment for not more than five years.
Article 280
A person who commits an offense specified in Article 277 or 278 against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 281
A person who commits an act of assault or battery against his lineal blood ascendant without causing him an injury 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 282
A person who solicits or aids another to cause aggravated injury to himself or who causes aggravated injury to another upon his request or with his consent shall be punished with fixed-term imprisonment for not less than three years; if death results from the commission of such offense, he shall be punished for fixed-term imprisonment for not less than six months but not more than five years.
Article 283
A person not acting in proper self-defense who participates in an affray which results in death or aggravated injury shall be punished with fixed-term imprisonment for not more than three years; a person who actually causes such injury shall be punished in accordance with the provisions of articles relating to offenses of causing injury.
Article 284
A person who negligently causes injury to another shall be punished with fixed-term imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan; if aggravated injury results, he 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 in the performance of his occupation causes injury to another by neglecting the degree of care required by such occupation 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; if aggravated injury results, he shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than two thousand yuan.
Article 285
A person who knows that he has a venereal disease or leprosy conceals such a fact to commit an obscene act or have sexual intercourse with another and causes such other to be infected 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 286
A person who maltreats a male or female who is under the age of sixteen or who by other means impairs the natural development of the body of such a male or female shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who for purpose of gain commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not less than five years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 287
Prosecution for an offense specified in paragraph 1 of Article 277, Article 281, 284, or 285 may be instituted only upon complaint except the offense specified in paragraph 1 of Article 277 committed by a public official.
Chapter 25 Offense of Abandonment
Chapter 25 Offenses of Abandonment
Article 293
A person who abandons a helpless person shall be punished with fixed-term imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
If the commission of the offense results in death, the offender shall be punished with fixed-term imprisonment for not more than five years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not more than three years.
Article 294
If a person who by law, order, or contract has duty to support or protect a helpless person abandons him or does not give him support or protection necessary to preserve his life, the person shall be punished by fixed-term imprisonment for not less than six months but not more than five years.
If the commission of the offense results in death, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
Article 295
A person who commits an offense specified in the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 293
A person who abandons a helpless person shall be punished with fixed-term imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
If the commission of the offense results in death, the offender shall be punished with fixed-term imprisonment for not more than five years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not more than three years.
Article 294
If a person who by law, order, or contract has duty to support or protect a helpless person abandons him or does not give him support or protection necessary to preserve his life, the person shall be punished by fixed-term imprisonment for not less than six months but not more than five years.
If the commission of the offense results in death, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
Article 295
A person who commits an offense specified in the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Chapter 26 Offenses Against Freedom
Chapter 26
Offenses Against Freedom
Article 296
A person who enslaves another or places another in a position as not free as a slave shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.
Article 296-1
A person who trades in or mortgages humans shall be punished with fixed-term imprisonment for not less than five years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.
A person who for purpose to make a person to engage in sexual intercourse or to make an obscene act commits the offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for less than seven years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.
A person who through the use of violence, threats, intimidation, controls, drugs, hypnosis or another means commit an offense specified in the two preceding paragraphs shall be punished with a punishment by increasing it up to one half.
A person who arranges, accepts, conceals a traded or mortgaged person specified in the three preceding paragraphs or to cause him to conceal shall be punished with fixed-term imprisonment for not less than one year but not more than seven years, in addition thereto, a fine of not more than three hundred thousand yuan may be imposed.
A public official who harbors a person who commits an offense specified in the four preceding paragraphs shall be punished with the punishment prescribed in the relating paragraph by increasing it by one half.
An attempt to commit an offense specified in paragraphs 1 to 3 is punishable.
Article 297
A person who for purpose of gain fraudulently causes another to leave the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than three years but not more than ten year and, in addition thereto, a fine of not more than three hundred thousand yuan may be imposed.
An attempt to commit an offense specified in the previous paragraph is punishable.
Article 298
A person who forcibly abducts a female person for purpose that she marry him or another shall be punished with fixed-term imprisonment for not more than five years.
A person who forcibly abducts a female for purpose of gain or for purpose to cause her to commit an obscene act or submit to sexual intercourse shall be punished with fixed-term imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 299
A person who transports a forcibly abducted person specified in the preceding article beyond the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable
Article 300
A person who accepts, conceals or causes to be concealed a forcibly abducted person for purpose of gain or for purpose that such an abducted person commit an obscene act or have sexual intercourse shall be punished with fixed-term imprisonment for not less than six months but not more than five yeas; in addition thereto, a fine of not more than five hundred yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 301
A person who commits an offense specified in one of the articles, 298 through 300, and who returns the abducted person or reveals the location of the person resulting in his recovery before a judgment has been pronounced may have his punishment reduced.
Article 302
A person who without authority takes another into custody or by other illegal means deprives him of his freedom of movement shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than three hundred yuan.
If death results from the commission of the offense, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 303
A person who commits an offense specified in paragraph 1 or 2 of the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 304
A person who by violence or threats causes another to do a thing which he has no obligation to do or who prevents another from doing a thing that he has the right to do shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine or not more than three hundred yuan.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 305
A person who threatens to cause injury to the life, body, freedom, reputation, or property of another and thereby endangers his safety shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 306
A person who without reason enters a dwelling house or structure of another, the adjacent or surrounding grounds, or a vessel belonging to another shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who without reason conceals himself in the property specified in the preceding paragraph or refuses to leave upon request shall be subject to the same punishment.
Article 307
A person who searches a person, dwelling house, structure, vessel, carriage or aircraft of another contrary to law or order shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 308
Prosecution for an offense specified in one of the articles, 298 through 306, may be instituted only upon complaint.
If the offense is one specified in paragraph 1 of Article 298, a complaint may not be made contrary to the will of the abducted person.
第 二六 章 妨害自由罪
第 296 條 使人為奴隸或使人居於類似奴隸之不自由地位者，處一年以上七年以下有
期徒刑。
前項之未遂犯罰之。
第 296-1 條 買賣、質押人口者，處五年以上有期徒刑，得併科五十萬元以下罰金。
意圖使人為性交或猥褻之行為而犯前項之罪者，處七年以上有期徒刑，得
併科五十萬元以下罰金。
以強暴、脅迫、恐嚇、監控、藥劑、催眠術或其他違反本人意願之方法犯
前二項之罪者，加重其刑至二分之一。
媒介、收受、藏匿前三項被買賣、質押之人或使之隱避者，處一年以上七
年以下有期徒刑，得併科三十萬元以下罰金。
公務員包庇他人犯前四項之罪者，依各該項之規定加重其刑至二分之一。
第一項至第三項之未遂犯罰之。
第 297 條 意圖營利，以詐術使人出中華民國領域外者，處三年以上十年以下有期徒
刑，得併科三十萬元以下罰金。
前項之未遂犯罰之。
第 298 條 意圖使婦女與自己或他人結婚而略誘之者，處五年以下有期徒刑。
意圖營利、或意圖使婦女為猥褻之行為或性交而略誘之者，處一年以上七
年以下有期徒刑，得併科一千元以下罰金。
前二項之未遂犯罰之。
第 299 條 移送前條被略誘人出中華民國領域外者，處五年以上有期徒刑。
前項之未遂犯罰之。
第 300 條 意圖營利，或意圖使被略誘人為猥褻之行為或性交，而收受、藏匿被略誘
人或使之隱避者，處六月以上五年以下有期徒刑，得併科五百元以下罰金
。
前項之未遂犯罰之。
第 301 條 犯第二百九十八條至第三百條之罪，於裁判宣告前，送回被誘人或指明所
在地因而尋獲者，得減輕其刑。
第 302 條 私行拘禁或以其他非法方法，剝奪人之行動自由者，處五年以下有期徒刑
、拘役或三百元以下罰金。
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。
第一項之未遂犯罰之。
第 303 條 對於直系血親尊親屬犯前條第一項或第二項之罪者，加重其刑至二分之一
。
第 304 條 以強暴、脅迫使人行無義務之事或妨害人行使權利者，處三年以下有期徒
刑、拘役或三百元以下罰金。
前項之未遂犯罰之。
第 305 條 以加害生命、身體、自由、名譽、財產之事，恐嚇他人致生危害於安全者
，處二年以下有期徒刑、拘役或三百元以下罰金。
第 306 條 無故侵入他人住宅、建築物或附連圍繞之土地或船艦者，處一年以下有期
徒刑、拘役或三百元以下罰金。
無故隱匿其內，或受退去之要求而仍留滯者，亦同。
第 307 條 不依法令搜索他人身體、住宅、建築物、舟、車或航空機者，處二年以下
有期徒刑、拘役或三百元以下罰金。
第 308 條 第二百九十八條及第三百零六條之罪，須告訴乃論。
第二百九十八條第一項之罪，其告訴以不違反被略誘人之意思為限。
Offenses Against Freedom
Article 296
A person who enslaves another or places another in a position as not free as a slave shall be punished with fixed-term imprisonment for not less than one year but not more than seven years.
Article 296-1
A person who trades in or mortgages humans shall be punished with fixed-term imprisonment for not less than five years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.
A person who for purpose to make a person to engage in sexual intercourse or to make an obscene act commits the offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for less than seven years and, in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.
A person who through the use of violence, threats, intimidation, controls, drugs, hypnosis or another means commit an offense specified in the two preceding paragraphs shall be punished with a punishment by increasing it up to one half.
A person who arranges, accepts, conceals a traded or mortgaged person specified in the three preceding paragraphs or to cause him to conceal shall be punished with fixed-term imprisonment for not less than one year but not more than seven years, in addition thereto, a fine of not more than three hundred thousand yuan may be imposed.
A public official who harbors a person who commits an offense specified in the four preceding paragraphs shall be punished with the punishment prescribed in the relating paragraph by increasing it by one half.
An attempt to commit an offense specified in paragraphs 1 to 3 is punishable.
Article 297
A person who for purpose of gain fraudulently causes another to leave the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than three years but not more than ten year and, in addition thereto, a fine of not more than three hundred thousand yuan may be imposed.
An attempt to commit an offense specified in the previous paragraph is punishable.
Article 298
A person who forcibly abducts a female person for purpose that she marry him or another shall be punished with fixed-term imprisonment for not more than five years.
A person who forcibly abducts a female for purpose of gain or for purpose to cause her to commit an obscene act or submit to sexual intercourse shall be punished with fixed-term imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 299
A person who transports a forcibly abducted person specified in the preceding article beyond the territory of the Republic of China shall be punished with fixed-term imprisonment for not less than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable
Article 300
A person who accepts, conceals or causes to be concealed a forcibly abducted person for purpose of gain or for purpose that such an abducted person commit an obscene act or have sexual intercourse shall be punished with fixed-term imprisonment for not less than six months but not more than five yeas; in addition thereto, a fine of not more than five hundred yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 301
A person who commits an offense specified in one of the articles, 298 through 300, and who returns the abducted person or reveals the location of the person resulting in his recovery before a judgment has been pronounced may have his punishment reduced.
Article 302
A person who without authority takes another into custody or by other illegal means deprives him of his freedom of movement shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than three hundred yuan.
If death results from the commission of the offense, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 303
A person who commits an offense specified in paragraph 1 or 2 of the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 304
A person who by violence or threats causes another to do a thing which he has no obligation to do or who prevents another from doing a thing that he has the right to do shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine or not more than three hundred yuan.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 305
A person who threatens to cause injury to the life, body, freedom, reputation, or property of another and thereby endangers his safety shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 306
A person who without reason enters a dwelling house or structure of another, the adjacent or surrounding grounds, or a vessel belonging to another shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who without reason conceals himself in the property specified in the preceding paragraph or refuses to leave upon request shall be subject to the same punishment.
Article 307
A person who searches a person, dwelling house, structure, vessel, carriage or aircraft of another contrary to law or order shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 308
Prosecution for an offense specified in one of the articles, 298 through 306, may be instituted only upon complaint.
If the offense is one specified in paragraph 1 of Article 298, a complaint may not be made contrary to the will of the abducted person.
第 二六 章 妨害自由罪
第 296 條 使人為奴隸或使人居於類似奴隸之不自由地位者，處一年以上七年以下有
期徒刑。
前項之未遂犯罰之。
第 296-1 條 買賣、質押人口者，處五年以上有期徒刑，得併科五十萬元以下罰金。
意圖使人為性交或猥褻之行為而犯前項之罪者，處七年以上有期徒刑，得
併科五十萬元以下罰金。
以強暴、脅迫、恐嚇、監控、藥劑、催眠術或其他違反本人意願之方法犯
前二項之罪者，加重其刑至二分之一。
媒介、收受、藏匿前三項被買賣、質押之人或使之隱避者，處一年以上七
年以下有期徒刑，得併科三十萬元以下罰金。
公務員包庇他人犯前四項之罪者，依各該項之規定加重其刑至二分之一。
第一項至第三項之未遂犯罰之。
第 297 條 意圖營利，以詐術使人出中華民國領域外者，處三年以上十年以下有期徒
刑，得併科三十萬元以下罰金。
前項之未遂犯罰之。
第 298 條 意圖使婦女與自己或他人結婚而略誘之者，處五年以下有期徒刑。
意圖營利、或意圖使婦女為猥褻之行為或性交而略誘之者，處一年以上七
年以下有期徒刑，得併科一千元以下罰金。
前二項之未遂犯罰之。
第 299 條 移送前條被略誘人出中華民國領域外者，處五年以上有期徒刑。
前項之未遂犯罰之。
第 300 條 意圖營利，或意圖使被略誘人為猥褻之行為或性交，而收受、藏匿被略誘
人或使之隱避者，處六月以上五年以下有期徒刑，得併科五百元以下罰金
。
前項之未遂犯罰之。
第 301 條 犯第二百九十八條至第三百條之罪，於裁判宣告前，送回被誘人或指明所
在地因而尋獲者，得減輕其刑。
第 302 條 私行拘禁或以其他非法方法，剝奪人之行動自由者，處五年以下有期徒刑
、拘役或三百元以下罰金。
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。
第一項之未遂犯罰之。
第 303 條 對於直系血親尊親屬犯前條第一項或第二項之罪者，加重其刑至二分之一
。
第 304 條 以強暴、脅迫使人行無義務之事或妨害人行使權利者，處三年以下有期徒
刑、拘役或三百元以下罰金。
前項之未遂犯罰之。
第 305 條 以加害生命、身體、自由、名譽、財產之事，恐嚇他人致生危害於安全者
，處二年以下有期徒刑、拘役或三百元以下罰金。
第 306 條 無故侵入他人住宅、建築物或附連圍繞之土地或船艦者，處一年以下有期
徒刑、拘役或三百元以下罰金。
無故隱匿其內，或受退去之要求而仍留滯者，亦同。
第 307 條 不依法令搜索他人身體、住宅、建築物、舟、車或航空機者，處二年以下
有期徒刑、拘役或三百元以下罰金。
第 308 條 第二百九十八條及第三百零六條之罪，須告訴乃論。
第二百九十八條第一項之罪，其告訴以不違反被略誘人之意思為限。
2010年10月12日 星期二
chapter 24
中華民國刑法
Chapter 24
Offenses of Abortion
Article 288
A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with fixed-term imprisonment for not more than six months, detentionshort-term imprisonment, or a fine of not more than one hundred yuan.
A pregnant woman who permits another to cause her abortion shall be subject to same punishment.
If the commission of an offense specified in one of the two preceding paragraphs is necessary because of sickness or for averting an aversion of danger to life, the punishment shall be remitted.
Article 289
A person who at the request or with the consent of a pregnant woman causes her abortion shall be punished with fixed-term imprisonment for not more than two years.
If the commission of the offense results in the death of the woman, the offender shall be punished with fixed-term imprisonment for not less than six months andbut not more than five years; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not more than three years.
Article 290
A person who for the purposepurpose of gain commits an offense specified in paragraph 1 of the preceding article shall be punished with fixed-term imprisonment for not less than six months butand not more than five year; in addition thereto, a fine of not more than five hundred yuan may be imposed.
If the commission of the offense results in the death of the woman, the offender shall be punished with fixed-term imprisonment for not less than three yearsand but not more than ten years; in addition thereto, a fine of not more than five hundred yuan may be imposed; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not less than one year butand not more than seven years; in addition thereto, a fine of not more than five hundred yuan may be imposed.
Article 291
A person who without the request or consent of a pregnant woman causes her abortion shall be punished with fixed-term imprisonment for not less than one year butand not more than seven years.
If the commission of the offense results in the death of the woman, the offender shall be punished with life imprisonment for life or fixed-term imprisonment for not less than seven years; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not less than three years butand not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 292
A person who by writing, drawing or other means publicly advertises a method orf thing to be used for abortion or who offers the services of himself or of another for abortion shall be punished with fixed-term imprisonment for not more than one year or detentionshort-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
第 二 編 分則
第 二四 章 墮胎罪
第 288 條
懷胎婦女服藥或以他法墮胎者，處六月以下有期徒刑、拘役或一百元以下
罰金。
懷胎婦女聽從他人墮胎者，亦同。
因疾病或其他防止生命上危險之必要，而犯前二項之罪者，免除其刑。
第 289 條
受懷胎婦女之囑託或得其承諾，而使之墮胎者，處二年以下有期徒刑。
因而致婦女於死者，處六月以上五年以下有期徒刑。致重傷者，處三年以
下有期徒刑。
第 290 條
意圖營利，而犯前條第一項之罪者，處六月以上五年以下有期徒刑，得併
科五百元以下罰金。
因而致婦女於死者，處三年以上十年以下有期徒刑，得併科五百元以下罰
金。致重傷者，處一年以上七年以下有期徒刑，得併科五百元以下罰金。
第 291 條
未受懷胎婦女之囑託或未得其承諾，而使之墮胎者，處一年以上七年以下
有期徒刑。
因而致婦女於死者，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。
第一項之未遂犯罰之。
第 292 條
以文字、圖畫或他法，公然介紹墮胎之方法或物品，或公然介紹自己或他
人為墮胎之行為者，處一年以下有期徒刑、拘役或科或併科一千元以下罰
金。
Chapter 24
Offenses of Abortion
Article 288
A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with fixed-term imprisonment for not more than six months, detentionshort-term imprisonment, or a fine of not more than one hundred yuan.
A pregnant woman who permits another to cause her abortion shall be subject to same punishment.
If the commission of an offense specified in one of the two preceding paragraphs is necessary because of sickness or for averting an aversion of danger to life, the punishment shall be remitted.
Article 289
A person who at the request or with the consent of a pregnant woman causes her abortion shall be punished with fixed-term imprisonment for not more than two years.
If the commission of the offense results in the death of the woman, the offender shall be punished with fixed-term imprisonment for not less than six months andbut not more than five years; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not more than three years.
Article 290
A person who for the purposepurpose of gain commits an offense specified in paragraph 1 of the preceding article shall be punished with fixed-term imprisonment for not less than six months butand not more than five year; in addition thereto, a fine of not more than five hundred yuan may be imposed.
If the commission of the offense results in the death of the woman, the offender shall be punished with fixed-term imprisonment for not less than three yearsand but not more than ten years; in addition thereto, a fine of not more than five hundred yuan may be imposed; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not less than one year butand not more than seven years; in addition thereto, a fine of not more than five hundred yuan may be imposed.
Article 291
A person who without the request or consent of a pregnant woman causes her abortion shall be punished with fixed-term imprisonment for not less than one year butand not more than seven years.
If the commission of the offense results in the death of the woman, the offender shall be punished with life imprisonment for life or fixed-term imprisonment for not less than seven years; if serious bodily harmaggravated assaultinjury results, the offender shall be punished with fixed-term imprisonment for not less than three years butand not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 292
A person who by writing, drawing or other means publicly advertises a method orf thing to be used for abortion or who offers the services of himself or of another for abortion shall be punished with fixed-term imprisonment for not more than one year or detentionshort-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
第 二 編 分則
第 二四 章 墮胎罪
第 288 條
懷胎婦女服藥或以他法墮胎者，處六月以下有期徒刑、拘役或一百元以下
罰金。
懷胎婦女聽從他人墮胎者，亦同。
因疾病或其他防止生命上危險之必要，而犯前二項之罪者，免除其刑。
第 289 條
受懷胎婦女之囑託或得其承諾，而使之墮胎者，處二年以下有期徒刑。
因而致婦女於死者，處六月以上五年以下有期徒刑。致重傷者，處三年以
下有期徒刑。
第 290 條
意圖營利，而犯前條第一項之罪者，處六月以上五年以下有期徒刑，得併
科五百元以下罰金。
因而致婦女於死者，處三年以上十年以下有期徒刑，得併科五百元以下罰
金。致重傷者，處一年以上七年以下有期徒刑，得併科五百元以下罰金。
第 291 條
未受懷胎婦女之囑託或未得其承諾，而使之墮胎者，處一年以上七年以下
有期徒刑。
因而致婦女於死者，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。
第一項之未遂犯罰之。
第 292 條
以文字、圖畫或他法，公然介紹墮胎之方法或物品，或公然介紹自己或他
人為墮胎之行為者，處一年以下有期徒刑、拘役或科或併科一千元以下罰
金。
2010年10月8日 星期五
The International Criminal Court, ICC 國際刑事法院
The International Criminal Court, ICC筆記
國際刑事法院研究
背景
800多個非政府組織與國際法專家之推動
WWII期間殘暴犯行
目的:處理個人是否可以作為國際犯罪之主體。
解決:個人侵害國際法法益之問題。
1994國際法委員會，向UN提出國際刑事法院的公約草案。
與國際法院之區別
國際法院:
只處理國家間之爭端，依據聯合國憲章第92條成立。主要功能:依據當事國提交、聯合國憲章與國際條約之規定，扮演解決、解釋角色。
國際刑事法院:
可以處理個人犯罪問題(18歲以上之自然人)。
成立之法源依據
1998.7.17羅馬召開外交使節會議
the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
(160國、超過1000多非政府組織等參加)
通過羅馬公約
1998.7 The Rome Statute of the Internatioanl Criminal Court
2002生效
美國未加入 國際刑事法庭公約
與非締約國之關係
可透過安理會管轄。
國際法之主體地位
ＷＷII之後之通說，包含:
一、國家
二、國際組織
個人能否成為國際法適用對象，仍有爭議。
所以ICC之主體地位，藉此被肯定。
國際法原則:
自制
遵守
國際法效力:
國際間沒有有效之強制力。
ICC特色:
一、具備法人格(國際法律人格)
(一)有締約能力__藉此強化國際社會主體性。
(二)特定任務之代表之派遣
(三)以ICC名義向加害者求償，命加害者負擔刑事責任。
(四)召集國際會議
(五)得訂特權與豁免公約。
二、永久性組織
三、獨立於會員國外
四、刑罰種類不包括死刑
組織架構
一、大會(締約國大會)
(一)主席1、副主席2、成員國18名，均認期三年。
(二)每年至少應召開一次會議
(三)拖欠相當或超過兩年之分攤款，喪失表決權。
二、司法單位
院長室: 3位法官組成。
法庭:
1.審前法庭 The Pre-Trial Divison (至少6名法官)
2.一審法庭 The Trial Division (至少6名法官)
3.上訴法庭 The Appeals Division(至少4名法官)
法官資格:
1.會員國提民。
2.會員國公民。每個國家僅限一名。
3.大會，出席會員國2/3多數票當選。
4.共18名法官。
5.院長、副院長由法官互選出。
判決
1.要宣告
2.書面，具理由。
3.可對法律問題書不同意見。
4.多數決
5.評議內容:永久保密。
6.不一致情形:判決內容應包括多數意見、少數意見。摘要應該公開宣布。
三、檢調單位
(一)檢察官辦公室 The Office of the Prosecutor
為單獨機關
(二)獨立性
獨立調查。檢察官辦公室成員不得尋求任何外來指示或按外來指示行事。(申育誠，2003，p83)
(三)檢察官資格
大會無記名絕對多數選出
任期9年，不得連任
四、秘書處 The Registry
為法院之主要行政官
(一)秘書長:無記名絕對多數選出
任期5年，得連任1次
(二)下設: 被害人與證人股
與檢察官辦公室協商
提供V&W相關保護、諮詢等
管轄對象
一、罪名:
種族滅絕、危害人類、戰爭與侵略罪。(羅第5條)
(一)種族滅絕The Crime of Genocide
相關公約:
1.1945追訴、處罰重大的戰爭犯罪人相關之倫敦協定
2.1948日內瓦公約第2條(集體殺害指意圖全部或部分傷害國民、人種、民族、宗教團體)
3.1949 UN:防止及懲治滅絕種族罪公約。
(二)危害人類罪 Crimes against humanity
定義:有系統地攻擊平民
相關公約:
1.1967領土庇護宣言:不能庇護
2.1968戰爭罪與為害人類罪，不適用法定時效公約。__永遠不能免責。
3.1973關於偵查、逮捕、引渡和懲治戰爭罪犯與危害人類罪的國際合作原則。UN(28th大會)2187決議。
(三)戰爭罪 War Crimes
相關公約:
1.1945追訴、處罰重大的戰爭犯罪人相關之倫敦協定
(四)侵略罪 The Crime of aggression
相關決議:
UN General Assembly Resolution 3314: Definition of Aggression 第1條
1.侵略罪之認定全由安理會處理。
2.此時，侵害國際法法益者為國家(非個人)。是以，立法與執行，均困難。
二、管轄:
(一)適用普世司法管轄權Universal Jurisdiction__普遍性管轄權
1.歷史紀錄:
1993聯合國安理會設置國際法庭(南斯拉夫)
1994聯合國安理會設置國際法庭(盧安達)安理會第978號決議
2000塞內加爾引用 普世司法管轄權起訴查德流亡前總統 Hissein Habre
(二)補充性管轄: (管轄權補充原則)
1.無法管轄、管轄衝突時不願意管轄:才有管轄權。
2.締約國願意接受管轄。
3.針對特定事件接受管轄之非締約國。
(三)遵守一事不再理原則
1. 他國審理過，ICC即不再審理
2. ICC審理過，他國法院亦不得以同一罪名再審理。
三、適用法律之一般原則
(一)罪行法定主義(羅22、23條)
(二)不朔及既往原則
(三)個人刑事責任原則(羅25條)__個人國際刑事責任。
(四)官方身分不免除責任原則(羅27條)
(五)指揮官與其他上級責任原則(羅28條)
(陸)不適用時效原則(羅29條)
四、適用法律之次序
(國際刑事法院公約21條)
1.優先適用本公約
2.適用國際條約與國際法原則
3.有管轄權國家之國內法原則
相關資料來源:
1.申育誠，國際刑事法院之研究，2003，聯合國研究獎助論文，新世紀智庫論壇第24期，p79-95
2. ICC官網: http://www.icc-cpi.int/menus/icc/
3.羅馬公約全文:
http://www.icc-cpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf
4.The Rules of Procedure and Evidence;
http://www.icc-cpi.int/NR/rdonlyres/F1E0AC1C-A3F3-4A3C-B9A7-B3E8B115E886/140164/Rules_of_procedure_and_Evidence_English.pdf
BY Wanli YANG 整理
2010.10.08
國際刑事法院研究
背景
800多個非政府組織與國際法專家之推動
WWII期間殘暴犯行
目的:處理個人是否可以作為國際犯罪之主體。
解決:個人侵害國際法法益之問題。
1994國際法委員會，向UN提出國際刑事法院的公約草案。
與國際法院之區別
國際法院:
只處理國家間之爭端，依據聯合國憲章第92條成立。主要功能:依據當事國提交、聯合國憲章與國際條約之規定，扮演解決、解釋角色。
國際刑事法院:
可以處理個人犯罪問題(18歲以上之自然人)。
成立之法源依據
1998.7.17羅馬召開外交使節會議
the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
(160國、超過1000多非政府組織等參加)
通過羅馬公約
1998.7 The Rome Statute of the Internatioanl Criminal Court
2002生效
美國未加入 國際刑事法庭公約
與非締約國之關係
可透過安理會管轄。
國際法之主體地位
ＷＷII之後之通說，包含:
一、國家
二、國際組織
個人能否成為國際法適用對象，仍有爭議。
所以ICC之主體地位，藉此被肯定。
國際法原則:
自制
遵守
國際法效力:
國際間沒有有效之強制力。
ICC特色:
一、具備法人格(國際法律人格)
(一)有締約能力__藉此強化國際社會主體性。
(二)特定任務之代表之派遣
(三)以ICC名義向加害者求償，命加害者負擔刑事責任。
(四)召集國際會議
(五)得訂特權與豁免公約。
二、永久性組織
三、獨立於會員國外
四、刑罰種類不包括死刑
組織架構
一、大會(締約國大會)
(一)主席1、副主席2、成員國18名，均認期三年。
(二)每年至少應召開一次會議
(三)拖欠相當或超過兩年之分攤款，喪失表決權。
二、司法單位
院長室: 3位法官組成。
法庭:
1.審前法庭 The Pre-Trial Divison (至少6名法官)
2.一審法庭 The Trial Division (至少6名法官)
3.上訴法庭 The Appeals Division(至少4名法官)
法官資格:
1.會員國提民。
2.會員國公民。每個國家僅限一名。
3.大會，出席會員國2/3多數票當選。
4.共18名法官。
5.院長、副院長由法官互選出。
判決
1.要宣告
2.書面，具理由。
3.可對法律問題書不同意見。
4.多數決
5.評議內容:永久保密。
6.不一致情形:判決內容應包括多數意見、少數意見。摘要應該公開宣布。
三、檢調單位
(一)檢察官辦公室 The Office of the Prosecutor
為單獨機關
(二)獨立性
獨立調查。檢察官辦公室成員不得尋求任何外來指示或按外來指示行事。(申育誠，2003，p83)
(三)檢察官資格
大會無記名絕對多數選出
任期9年，不得連任
四、秘書處 The Registry
為法院之主要行政官
(一)秘書長:無記名絕對多數選出
任期5年，得連任1次
(二)下設: 被害人與證人股
與檢察官辦公室協商
提供V&W相關保護、諮詢等
管轄對象
一、罪名:
種族滅絕、危害人類、戰爭與侵略罪。(羅第5條)
(一)種族滅絕The Crime of Genocide
相關公約:
1.1945追訴、處罰重大的戰爭犯罪人相關之倫敦協定
2.1948日內瓦公約第2條(集體殺害指意圖全部或部分傷害國民、人種、民族、宗教團體)
3.1949 UN:防止及懲治滅絕種族罪公約。
(二)危害人類罪 Crimes against humanity
定義:有系統地攻擊平民
相關公約:
1.1967領土庇護宣言:不能庇護
2.1968戰爭罪與為害人類罪，不適用法定時效公約。__永遠不能免責。
3.1973關於偵查、逮捕、引渡和懲治戰爭罪犯與危害人類罪的國際合作原則。UN(28th大會)2187決議。
(三)戰爭罪 War Crimes
相關公約:
1.1945追訴、處罰重大的戰爭犯罪人相關之倫敦協定
(四)侵略罪 The Crime of aggression
相關決議:
UN General Assembly Resolution 3314: Definition of Aggression 第1條
1.侵略罪之認定全由安理會處理。
2.此時，侵害國際法法益者為國家(非個人)。是以，立法與執行，均困難。
二、管轄:
(一)適用普世司法管轄權Universal Jurisdiction__普遍性管轄權
1.歷史紀錄:
1993聯合國安理會設置國際法庭(南斯拉夫)
1994聯合國安理會設置國際法庭(盧安達)安理會第978號決議
2000塞內加爾引用 普世司法管轄權起訴查德流亡前總統 Hissein Habre
(二)補充性管轄: (管轄權補充原則)
1.無法管轄、管轄衝突時不願意管轄:才有管轄權。
2.締約國願意接受管轄。
3.針對特定事件接受管轄之非締約國。
(三)遵守一事不再理原則
1. 他國審理過，ICC即不再審理
2. ICC審理過，他國法院亦不得以同一罪名再審理。
三、適用法律之一般原則
(一)罪行法定主義(羅22、23條)
(二)不朔及既往原則
(三)個人刑事責任原則(羅25條)__個人國際刑事責任。
(四)官方身分不免除責任原則(羅27條)
(五)指揮官與其他上級責任原則(羅28條)
(陸)不適用時效原則(羅29條)
四、適用法律之次序
(國際刑事法院公約21條)
1.優先適用本公約
2.適用國際條約與國際法原則
3.有管轄權國家之國內法原則
相關資料來源:
1.申育誠，國際刑事法院之研究，2003，聯合國研究獎助論文，新世紀智庫論壇第24期，p79-95
2. ICC官網: http://www.icc-cpi.int/menus/icc/
3.羅馬公約全文:
http://www.icc-cpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf
4.The Rules of Procedure and Evidence;
http://www.icc-cpi.int/NR/rdonlyres/F1E0AC1C-A3F3-4A3C-B9A7-B3E8B115E886/140164/Rules_of_procedure_and_Evidence_English.pdf
BY Wanli YANG 整理
2010.10.08
Integrity and Ethics Directions for Civil Servants
Integrity and Ethics Directions for Civil Servants
公務員廉政倫理規範
1. The Executive Yuan (hereinafter referred as “the Yuan”) has set the Directions specifically for guiding the civil servants to execute duties with integrity, fairness and lawful administration, which shall improve the Government's image of integrity.
2. The terminologies used under this Directions are defined as follows:
(1) “Civil servant” refers to personnel applicable to the “Civil Service Act.”
(2) “Interest to the duty” refers to one of the following situations between the individual, legal person, organization or other unit with the Authority or subordinate authority:
1. Relationship of business transaction, supervision or subsidy.
2. Relationship of searching, proceeding or completed setting of contract, trading or other agreements.
3. Other incidence that will receive beneficial or adverse influence due to decision, execution or non-execution of business under the Authority.
(3) “Normal standard of social etiquette” refers to social interaction between common people with market value under NT$3,000 (Three Thousand New Taiwan Dollars Only). The gift received from the same source in the same year is limited to NT$10,000 (Ten Thousand New Taiwan Dollars Only).
(4) “Civil service etiquette” refers to activity made according to politeness, habit or custom during domestic (foreign) interview, foreign guest reception, promotion, communication and coordination based on civil requirements.
(5) “Entreating or lobbying” refers to the action take for content of certain matter involves with decision, execution or non-execution of practical business under the Authority or subordinate authority, which may cause illegal or improper concern that might affect specific rights and duties.
3. The civil servants shall follow laws to execute duties impartially and base on the public interests. The attempt to gain improper benefit for oneself or third party via occupational power, method and opportunity is prohibited.
4. The civil servants may not request, make expected agreement of or receive gift from person of material interest to such servant's duty. However, the gift can be accepted under any of the following situation that is occasional and not affecting the specific right and duty:
(1) Civil etiquette.
(2) Bonus, assistance or consolation from the supervisor.
(3) The market value of gift received shall be less than NT$500 (Five Hundred New Taiwan Dollars Only). For gift to multi personnel in the Authority, the total market value shall be less than NT$1,000 (One Thousand New Taiwan Dollars Only).
(4) Gift with market value less than normal standard of social etiquette, which is given for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation, as well as injury, illness or death of the personnel, spouse or immediate relative.
5. Upon occurrence of civil servant receiving gift, the matter shall be processed according to following procedures:
(1) Except for exceptions mentioned above, gift with material interest to the duty shall be rejected or returned, as well as reported to the supervisor and notified to the Government Employee Ethics Units. If return of gift is not possible, the matter shall be transferred to the Government Employee Ethics Units for process within 3 days since the date of receipt.
(2) Except for relatives or friends of usual contact, gift without material interest to the duty but exceeding normal standard of social etiquette in market value shall be reported to the supervisor within 3 days since the date of receipt. If necessary, the matter shall be notified to the Government Employee Ethics Units.
Each Government Employee Ethics Units shall propose methods of receipt, nationalization, transfer to charity agencies (institutes) or other adequate suggestions depending on the property and value of gift, which is executed after reporting to the Director of Agency for approval.
6. The following situations are deemed as gift received by the civil servant:
(1) Gift received in the name of civil servant’s spouse, immediate relative by blood, family members of common property and residence.
(2) Gift received via third parted and then transferred to the civil servant or person mentioned above.
7. The civil servant may not attend social gathering with material interest to his/her duty except for and not limited to one of the following incidences:
(1) The attendance is necessary due to civil etiquette.
(2) The event is held due to traditional festival and open to the public.
(3) Bonus or recognition from the supervisor.
(4) The event is held for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation and not exceeding normal standard of social etiquette.
Although the social gathering has no material interest to the civil duty, the civil servant shall still avoid such event if not appropriate to the identity and duty.
8. In case of inspection, investigation, business trip or conference, the civil servant may not accept dinning or gathering invitation from relevant agency other than necessary meals, accommodation and transportation during execution of civil affairs unless necessary.
9. In occurrence of situation stated under Subparagraph 1 or 2, Paragraph 1, Point 7, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units.
10. Upon entreating or lobbying, the civil servant shall report to the supervisor and notify the Government Employee Ethics Units within 3 days.
11. After receiving notification of gift, social gathering, entreating or lobbying or other matters related to the integrity and ethics, the Government Employee Ethics Units of each agency shall register and create a new file immediately.
12. Unless required by the law otherwise, the civil servant may not take other part-time job of civil service or business.
13. For civil servant that attend event such as speech, symposium, seminar and judging, the hourly remuneration received may not exceed NT$5,000 (Five Thousand New Taiwan Dollars Only).
For civil servant that attend event mentioned above, the additional document fees received may not exceed NT$2,000 (Two Thousand New Taiwan Dollars Only).
If the event attended is held or invited by party with material interest to the duty, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units for registration.
14. In respect to the requirement under the Directions for reporting to the supervisor and notifying the Government Employee Ethics Units, the Director of the agency shall notify the Government Employee Ethics Units himself/herself.
15. The civil servant shall strive to avoid involvement of monetary loan, gathering invitation or participation, as well as property or identity guarantor. If necessary, the Government Employee Ethics Units shall be notified.
The agency directors and unit supervisors shall enhance the audit on subordinates’ ethics. Finding of abnormal finance or living shall be reacted and processed immediately.
16. The Government Employee Ethics Units of each agency shall assign specific personnel to undertake explanation of the Directions and case description, as well as providing other ethics and integrity consultation services. Any doubt occurs during the consultation shall be reported to the higher level of Government Employee Ethics Units for process.
The higher level of Government Employee Ethics Units mentioned above refers to the Government Employee Ethics Units of agency directly above the agency that accepts the consultation. The agency without higher authority will execute the power of higher agency regulated by the Directions.
The agency without higher authority refers to the first level agencies.
17. For matters specified under the Directions to be processed by the Government Employee Ethics Units, if such unit is not provided, the matter shall be processed by the personnel that is concurrently in charge with the ethic affairs or appointed by the Director.
18. The civil servant violating the Directions and verified to be true after investigation will receive punishment according to relevant regulations. If criminal liability is involved, the matter will be transferred to the justice unit for prosecution.
19. Each unit may set stricter regulations on various standards set under the Directions and other matters of integrity and ethics depending on the necessity.
20. Other central and local authorities outside of the Yuan may apply regulations of the Directions.
公務員廉政倫理規範
1. The Executive Yuan (hereinafter referred as “the Yuan”) has set the Directions specifically for guiding the civil servants to execute duties with integrity, fairness and lawful administration, which shall improve the Government's image of integrity.
2. The terminologies used under this Directions are defined as follows:
(1) “Civil servant” refers to personnel applicable to the “Civil Service Act.”
(2) “Interest to the duty” refers to one of the following situations between the individual, legal person, organization or other unit with the Authority or subordinate authority:
1. Relationship of business transaction, supervision or subsidy.
2. Relationship of searching, proceeding or completed setting of contract, trading or other agreements.
3. Other incidence that will receive beneficial or adverse influence due to decision, execution or non-execution of business under the Authority.
(3) “Normal standard of social etiquette” refers to social interaction between common people with market value under NT$3,000 (Three Thousand New Taiwan Dollars Only). The gift received from the same source in the same year is limited to NT$10,000 (Ten Thousand New Taiwan Dollars Only).
(4) “Civil service etiquette” refers to activity made according to politeness, habit or custom during domestic (foreign) interview, foreign guest reception, promotion, communication and coordination based on civil requirements.
(5) “Entreating or lobbying” refers to the action take for content of certain matter involves with decision, execution or non-execution of practical business under the Authority or subordinate authority, which may cause illegal or improper concern that might affect specific rights and duties.
3. The civil servants shall follow laws to execute duties impartially and base on the public interests. The attempt to gain improper benefit for oneself or third party via occupational power, method and opportunity is prohibited.
4. The civil servants may not request, make expected agreement of or receive gift from person of material interest to such servant's duty. However, the gift can be accepted under any of the following situation that is occasional and not affecting the specific right and duty:
(1) Civil etiquette.
(2) Bonus, assistance or consolation from the supervisor.
(3) The market value of gift received shall be less than NT$500 (Five Hundred New Taiwan Dollars Only). For gift to multi personnel in the Authority, the total market value shall be less than NT$1,000 (One Thousand New Taiwan Dollars Only).
(4) Gift with market value less than normal standard of social etiquette, which is given for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation, as well as injury, illness or death of the personnel, spouse or immediate relative.
5. Upon occurrence of civil servant receiving gift, the matter shall be processed according to following procedures:
(1) Except for exceptions mentioned above, gift with material interest to the duty shall be rejected or returned, as well as reported to the supervisor and notified to the Government Employee Ethics Units. If return of gift is not possible, the matter shall be transferred to the Government Employee Ethics Units for process within 3 days since the date of receipt.
(2) Except for relatives or friends of usual contact, gift without material interest to the duty but exceeding normal standard of social etiquette in market value shall be reported to the supervisor within 3 days since the date of receipt. If necessary, the matter shall be notified to the Government Employee Ethics Units.
Each Government Employee Ethics Units shall propose methods of receipt, nationalization, transfer to charity agencies (institutes) or other adequate suggestions depending on the property and value of gift, which is executed after reporting to the Director of Agency for approval.
6. The following situations are deemed as gift received by the civil servant:
(1) Gift received in the name of civil servant’s spouse, immediate relative by blood, family members of common property and residence.
(2) Gift received via third parted and then transferred to the civil servant or person mentioned above.
7. The civil servant may not attend social gathering with material interest to his/her duty except for and not limited to one of the following incidences:
(1) The attendance is necessary due to civil etiquette.
(2) The event is held due to traditional festival and open to the public.
(3) Bonus or recognition from the supervisor.
(4) The event is held for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation and not exceeding normal standard of social etiquette.
Although the social gathering has no material interest to the civil duty, the civil servant shall still avoid such event if not appropriate to the identity and duty.
8. In case of inspection, investigation, business trip or conference, the civil servant may not accept dinning or gathering invitation from relevant agency other than necessary meals, accommodation and transportation during execution of civil affairs unless necessary.
9. In occurrence of situation stated under Subparagraph 1 or 2, Paragraph 1, Point 7, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units.
10. Upon entreating or lobbying, the civil servant shall report to the supervisor and notify the Government Employee Ethics Units within 3 days.
11. After receiving notification of gift, social gathering, entreating or lobbying or other matters related to the integrity and ethics, the Government Employee Ethics Units of each agency shall register and create a new file immediately.
12. Unless required by the law otherwise, the civil servant may not take other part-time job of civil service or business.
13. For civil servant that attend event such as speech, symposium, seminar and judging, the hourly remuneration received may not exceed NT$5,000 (Five Thousand New Taiwan Dollars Only).
For civil servant that attend event mentioned above, the additional document fees received may not exceed NT$2,000 (Two Thousand New Taiwan Dollars Only).
If the event attended is held or invited by party with material interest to the duty, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units for registration.
14. In respect to the requirement under the Directions for reporting to the supervisor and notifying the Government Employee Ethics Units, the Director of the agency shall notify the Government Employee Ethics Units himself/herself.
15. The civil servant shall strive to avoid involvement of monetary loan, gathering invitation or participation, as well as property or identity guarantor. If necessary, the Government Employee Ethics Units shall be notified.
The agency directors and unit supervisors shall enhance the audit on subordinates’ ethics. Finding of abnormal finance or living shall be reacted and processed immediately.
16. The Government Employee Ethics Units of each agency shall assign specific personnel to undertake explanation of the Directions and case description, as well as providing other ethics and integrity consultation services. Any doubt occurs during the consultation shall be reported to the higher level of Government Employee Ethics Units for process.
The higher level of Government Employee Ethics Units mentioned above refers to the Government Employee Ethics Units of agency directly above the agency that accepts the consultation. The agency without higher authority will execute the power of higher agency regulated by the Directions.
The agency without higher authority refers to the first level agencies.
17. For matters specified under the Directions to be processed by the Government Employee Ethics Units, if such unit is not provided, the matter shall be processed by the personnel that is concurrently in charge with the ethic affairs or appointed by the Director.
18. The civil servant violating the Directions and verified to be true after investigation will receive punishment according to relevant regulations. If criminal liability is involved, the matter will be transferred to the justice unit for prosecution.
19. Each unit may set stricter regulations on various standards set under the Directions and other matters of integrity and ethics depending on the necessity.
20. Other central and local authorities outside of the Yuan may apply regulations of the Directions.
訂閱：
文章 (Atom)