Annotated Republic of China Laws/Criminal Code of the Armed Forces/Article 44

From Wikibooks, open books for an open world
Jump to navigation Jump to search
Criminal Code of the Armed Forces
Republic of China Law
Article 44
After the death of Hung Chung-chiu in 2013, Taiwanese legislators inserted new sections to further specify when a commander is guilty of abusing the subordinate.

Promulgated full amendment on 2001-09-28[edit]

Effective on 2001-10-02.

Article 44[1]
A commander who abuses the subordinate shall be punished with imprisonment for not less than three years and not more than ten years. If the death of the soldier results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander shall be punished with imprisonment for not less than five years and not more than twelve years.
A senior officer or senior soldier who finds an excuse or takes the advantage top abusing the soldier shall be punished with imprisonment for not more than five years and not more than ten years. If the death results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander shall be punished with imprisonment for not less than three years and not more than ten years.
A commander who knows a soldier’s offence committed still connives and harbors the offence without report shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.

Promulgated amendment on 2014-01-15[edit]

Article 44[2]
A commander who abuses the subordinate shall be punished with imprisonment for not less than three years and not more than ten years. If the death of the soldier results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander r shall be punished with imprisonment for not less than five years and not more than twelve years.
A senior officer or senior soldier who finds an excuse or takes the advantage top abusing the soldier shall be punished with imprisonment for not more than five years and not more than ten years. If the death results from the commitment of the offence, the commander shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the commander shall be punished with imprisonment for not less than three years and not more than ten years.
A commander who knows a soldier’s offence committed still connives and harbors the offence without report shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
The term “abuse” mentioned above indicates the range of education, training, mission, operation or other necessary military actions which are considered as inhuman treatment to soldiers.
Terms relevant to educations, training, mission, operation or other necessary military actions are authorized and defined by the military formulations regulated by MND.
  1. Reverse-derived from 2014 text.
  2. "Criminal Code of the Armed Forces: Article 44". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-04-19. https://law.moj.gov.tw/ENG/LawClass/LawSearchContent.aspx?pcode=F0120001&norge=44. Retrieved 2019-11-21.