全國司法改革會議共識結論
全國司法改革會議共識結論:「第二審改採事後審查審，第三審採行嚴格法律審後，適度配合修正非常上訴制度。」，已逾10年，迄今仍未有實質進程。（摘自，陳宏達，「從審級結構徹底改革，建構妥速偵審之堅實基礎」，檢協會訊第47期，第7頁，2009.11.24）
常見學說引用"全國司法改革會議共識結論"，查了一下相關資料，其中一點即為審級結構改革議題。
2010年1月4日 星期一
2009年12月30日 星期三
中華民國刑法 Criminal Law 325-334-1
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.
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.
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
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