Annotated Republic of China Laws/Criminal Code of the Republic of China

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Criminal Code of the Republic of China
Republic of China Law from Mainland Era to Taiwan

History[edit | edit source]

[1]

  1. 387 clauses established and published on march 10, 1928 and promulgated on September 1, 1928.
    357 clauses amended and published on January 1, 1935 and promulgated on July 1, 1935
  2. Amendment to Article 5 promulgated on November 7, 1948
  3. Amendment to Article 77 promulgated on July 21, 1954
  4. Amendment to Article 160, provision 1 promulgated on October 23, 1954
  5. Amendment to Article 235 promulgated on December 26, 1969
  6. Amendment to Article 100 promulgated on May 16, 1992
  7. Amendment to Articles 77~79 and addition of Article 79-1 promulgated on January 28, 1994
  8. Amendment to Articles 220,315,323,352 and addition of Articles 318-1, 318-2, 339-1~339-3 promulgated on October 8, 1997
  9. Amendment to Articles 77, 79, 79-1 promulgated on November 26, 1997
  10. Amendment to Articles 340, 343 promulgated on February 3, 1999
  11. Amendment to Articles 10, 77, 221, 222, 224~236, 240, 241, 243, 298, 300, 319, 332, 334, 348 and the name of Chapter 16; addition of Articles 91-1, 185-1~185-4, 186-1, 187-1~187-3, 189-1, 189-2, 190-1, 191-1, 224-1, 226-1, 227-1, 229-1, 231-1, 296-1, 315-1~315-3 and Chapter 16-1; deletion of Article 223 promulgated on April 21, 1999
  12. Amendment to Article 41 January 10, 2001
  13. Amendment to Articles 204, 205 and addition of 201-1 promulgated on June 20, 2001
  14. Amendment to Article 131 promulgated on November 7, 2001
  15. Amendment to Articles 328, 330~332, 347, 348 and addition of Articles 334-1, 348-1 promulgated on January 30, 2002
  16. Amendment to Articles 323, 352; addition of Articles 358~363 and the name of Chapter 36 promulgated on June 25, 2003
  17. Amendment to Articles of 1~3,5 10, 11, 15, 16, 19, 25~27, 28~31, 33~38, 40~42, 46, 47, 49, 51, 55, 57~59, 61~65, 67, 68, 74~80, 83~90, 91-1, 93, 96, 98, 99, 157, 182, 220, 222, 225, 229-1, 231, 231-1, 296-1, 297, 315-1, 315-2, 316, 341, 343 and the name of Chapter 4; addition of Articles 40-1, 75-1; deletion of Articles 56, 81, 94, 97, 267, 322, 327, 331, 340, 345, 350 on February 2, 2005 promulgated on July 1, 2006
  18. Amendment to Articles 333, 334 promulgated on May 17, 2006
  19. Amendment to Article 146 promulgated on January 24, 2007
  20. Amendment to Article 185-3 promulgated on January 2, 2008
  21. Amendment to Article 41 on January 21, 2009 promulgated on September 1, 2009
  22. Amendment to Articles 42, 44, 74~75-1 and addition of Article 42-1 on September 1, 2009; Article 42 promulgated on June 10, 2009; Article 42-1, 44, 74~75-1 promulgated on September 1, 2009
  23. Amendment to Articles 41, 42-1 promulgated on December 30, 2009
  24. Amendment to Article 295 and addition of Article 294-1 promulgated on January 27, 2010
  25. Amendment to Article 321 promulgated on January 26, 2011
  26. Amendment to Article 185-3 promulgated on November 30, 2011
  27. Amendment to Article 286 promulgated on December 5, 2012
  28. Amendment to Article 50 promulgated on January 23, 2013
  29. Amendment to Article 185-3,185-4 promulgated on June 11, 2013
  30. Amendment to Article 315-1 promulgated on January 15, 2014
  31. Amendment to Articles 251, 285, 339~339-3, 341~344, 347, 349 and addition of Articles 339-4, 344-1 promulgated on June 18, 2014
  32. Amendments to Article 37-1, Article 37-2, title of Chapter 5-1, Article 38-1 to Article 38-3, Article 40-2, and title of Chapter 5-2; deletion of Article 34, Article 39, Article 40-1, Article 45, and Article 46; amendments to Article 2, Article 11, Article 36, Article 38, Article 40, Article 51, Article 74, and Article 84 promulgated on December 30, 2015.
  33. Amendment to Article 38-3 promulgated on June 22, 2016.
  34. Amendment to Article 5 promulgated on November 30, 2016.
  35. Amendment to Article 121, Article 122, Article 131, Article 143 promulgated on May 23, 2018.
  36. Amendment to Article 190-1 promulgated on June 13, 2018.
  37. Amendment to Article113 and addition of Article115-1 promulgated on May 10, 2019
  38. Amendment to Article 10、61、80、98、139、183、184、189、272、274~279、281~284、286、287、315-2、320、321; deletion of Article91、285 promulgated on May 29, 2019
  39. Amendment to Article 185-3 promulgated on June 19, 2019
  40. Amendment to Article 108、110、117、118、127、129、132、133、135~137、140、141、144、147、148、149、150、153、154、158~160、163、164、165、171、173~175、177~181、185、185-2、186、186-1、187-2、188、189-1、190、191、192~194、195~199、201~204、206~208、212、214、215、233~235、240、241、243、246、252~255、256~260、262、263、266、268、269、288、290、292、293、298、300、302、304~307、309、310、312、313、315、317~318-1、328、335~337、346、352、354~356、358~360、362 promulgated on December 25, 2019
  41. Amendment to Article 83、85 promulgated on December 31, 2019
  42. Amendment to Article 149、150 promulgated on January 15, 2020
    Amendment to Article 251、313 promulgated on January 15, 2020

Content[edit | edit source]

Unchanged articles are shown below.[2] Later amended articles are in separate pages.

Part 1 General Provisions[edit | edit source]

Chapter 1 Application of the Code[edit | edit source]

Article 1[edit | edit source]

(later amended)

Article 2[edit | edit source]

(later amended)

Article 3[edit | edit source]

(later amended)

Article 4[edit | edit source]

Where either the conduct or the result of an offense takes place within the territory of the Republic of China, the offense shall be considered as committed within the territory of the Republic of China.

Article 5[edit | edit source]

(later amended)

Article 6[edit | edit source]

This Code shall apply to any of the following offenses committed by a public official of the Republic of China outside the territory of the Republic of China:

  1. The offenses of malfeasance specified in Articles 121 to 123, 125, 126, 129, 131, 132, or 134.
  2. The offense of facilitating escape specified in Article 163.
  3. The offenses of forgery specified in Article 213.
  4. The offenses of embezzlement specified in Article 336,paragraph 1.

Article 7[edit | edit source]

This Code shall apply where any national of Republic of China commits an offense which is not specified in one of the two preceding articles but is punishable for not less than 3 years of imprisonment outside the territory of the Republic of China; unless the offense is not punishable by the law of the place where the offense is committed.

Article 8[edit | edit source]

The provisions of the preceding article shall apply mutatis mutandis to an alien who commits an offense outside the territory of the Republic of China against a national of the Republic of China.

Article 9[edit | edit source]

An offense is punishable under this Code despite that a finalized judgment has been rendered by a foreign tribunal;where the punishment has been entirely or partly executed in the foreign country, the execution of the punishment in the Republic of China may be entirely or partly remitted.

Article 10[edit | edit source]

(later amended)

Article 11[edit | edit source]

(later amended)

Chapter 2 Criminal Responsibility[edit | edit source]

Article 12[edit | edit source]

A conduct is not punishable unless committed intentionally or negligently.

A negligent conduct is punishable only if specifically so provided.

Article 13[edit | edit source]

A conduct is committed intentionally if the actor knowingly and intentionally causes the accomplishment of the elements of an offense.

A conduct is considered an intentional commission of an offense if the actor is aware that the act will accomplish the elements of the offense and if such accomplishment is not against his will.

Article 14[edit | edit source]

A conduct is committed negligently if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances.

A conduct is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.

Article 15[edit | edit source]

(later amended)

Article 16[edit | edit source]

(later amended)

Article 17[edit | edit source]

Increased punishment prescribed for a certain specified aggravated result of an offense shall not apply if the actor cannot be aware of the aggravated result of the offense.

Article 18[edit | edit source]

An offense committed by a person who is under fourteen years of age is not punishable.

Punishment may be reduced for an offense committed by a person more than the age of fourteen but under the age of eighteen

Punishment may be reduced for an offense committed by a person who was over the age of eighty.

Article 19[edit | edit source]

(later amended)

Article 20[edit | edit source]

Punishment may be reduced for an conduct committed by a person who is deaf and dumb.

Article 21[edit | edit source]

A conduct performed in accordance with law or order is not punishable.

A conduct performed by a public official in line of his duties or on orders of his superior is not punishable unless the official knows that such orders are against the law.

Article 22[edit | edit source]

A proper conduct performed in the course of due business is not punishable.

Article 23[edit | edit source]

A conduct performed by a person in defense of his own rights or the rights of another against immediate unlawful aggression thereof is not punishable. If the force of defense is excessive, punishment may be reduced or remitted.

Article 24[edit | edit source]

A conduct performed by a person to avert imminent danger, otherwise unavoidable to the life, body, freedom, or property of himself or of another is not punishable. If the measure of averting danger is excessive, punishment may be reduced or remitted.

The provisions of the preceding paragraph relating to averting danger to him do not apply to a person acting under an obligation resulting from his official or business duties.

Chapter 3 Attempt[edit | edit source]

Article 25[edit | edit source]

(later amended)

Article 26[edit | edit source]

(later amended)

Article 27[edit | edit source]

(later amended)

Chapter 4[edit | edit source]

The Chapter was originally named Joint Offenders. The 2005 amendment promulgated the name Principal Offenders and Joint Offenders.

Article 28[edit | edit source]

(later amended)

Article 29[edit | edit source]

(later amended)

Article 30[edit | edit source]

(later amended)

Article 31[edit | edit source]

(later amended)

Chapter 5 Punishment[edit | edit source]

Article 32[edit | edit source]

Punishments are divided into principal and accessory punishments.

Article 33[edit | edit source]

(later amended)

Article 34[edit | edit source]

(later amended then deleted)

Article 35[edit | edit source]

(later amended)

Article 36[edit | edit source]

(later amended)

Article 37[edit | edit source]

(later amended)

Article 37-1[edit | edit source]

(later added)

Article 37-2[edit | edit source]

(later added)

Chapter 5-1[edit | edit source]

The Chapter did not originally exist. The 2015 amendment promulgated the name Confiscation.

Article 38[edit | edit source]

(later amended)

Article 38-1[edit | edit source]

(later added)

Article 38-2[edit | edit source]

(later added)

Article 38-3[edit | edit source]

(later added then amended)

Article 39[edit | edit source]

(later deleted)

Article 40[edit | edit source]

(later amended)

Article 40-1[edit | edit source]

(later deleted)

Article 40-2[edit | edit source]

(later added)

Chapter 5-2[edit | edit source]

The Chapter did not originally exist. The 2015 amendment promulgated the name Replacement of penalty.

Article 41[edit | edit source]

(later amended)

Article 42[edit | edit source]

(later amended)

Article 42-1[edit | edit source]

(later added then amended)

Article 43[edit | edit source]

A sentence to short-term imprisonment or a fine may be commuted to a reprimand when the motive for committing the offense is clearly excusable from the standpoint of public welfare or justice.

Article 44[edit | edit source]

(later amended)

Article 45[edit | edit source]

(later amended then deleted)

Article 46[edit | edit source]

(later amended then deleted)

Chapter 6 Recidivism[edit | edit source]

Article 47[edit | edit source]

(later amended)

Article 48[edit | edit source]

After the judgment has been finalized and an offender is found to be a recidivist, his punishment shall be increased in accordance with the provisions of the preceding article unless the fact is revealed after his sentence is fully served or his punishment is pardoned.

Article 49[edit | edit source]

(later amended)

Chapter 7 Combined Punishment for Several Offenses[edit | edit source]

Article 50[edit | edit source]

(later amended)

Article 51[edit | edit source]

(later amended)

Article 52[edit | edit source]

After the judgment of combined punishments for several offenses has been finalized, a separate decision shall be made for an offense committed before but discovered after the judgment

Article 53[edit | edit source]

When there exists two or more judgments, the punishments shall be fixed in accordance with the provisions of Article 51 on combining punishments for several offenses.

Article 54[edit | edit source]

After a judgment of combined punishments has been finalized, if any of these offenses is pardoned, the punishment for the remaining offenses shall be fixed in accordance with the provision of Article 51. When only one offense remains not pardoned, the punishment shall be executed as pronounced.

Article 55[edit | edit source]

(later amended)

Article 56[edit | edit source]

(later amended then deleted)

Chapter 8 Sentencing[edit | edit source]

Article 57[edit | edit source]

(later amended)

Article 58[edit | edit source]

(later amended)

Article 59[edit | edit source]

(later amended)

Article 60[edit | edit source]

Mitigation of punishment may be made at discretion in accordance with the provisions of the preceding article notwithstanding that an increase or decrease of punishment has been made by law.

Article 61[edit | edit source]

(later amended)

Article 62[edit | edit source]

(later amended)

Article 63[edit | edit source]

(later amended)

Article 64[edit | edit source]

(later amended)

Article 65[edit | edit source]

(later amended)

Article 66[edit | edit source]

If a punishment of imprisonment, short-term imprisonment, or a fine is reduced, the punishment shall be reduced by an amount up to one half. If there is also a provision for remission of the punishment, the punishment may be reduced by an amount up to two-thirds.

Article 67[edit | edit source]

(later amended)

Article 68[edit | edit source]

(later amended)

Article 69[edit | edit source]

Increase or reduction of two or more principal punishments shall apply to each of the punishment.

Article 70[edit | edit source]

Increase or reduction of two or more punishments shall be done progressively.

Article 71[edit | edit source]

If a punishment is to be both increased and reduced, the increase shall precede the reduction.

If there are two or more reductions, reduction in the lesser degree shall precede reduction in the greater degree.

Article 72[edit | edit source]

A fractional part of a day or one New Taiwan dollar resulting from an increase or a reduction in punishment shall not be considered.

Article 73[edit | edit source]

The provisions concerning the reduction of punishments shall apply mutatis mutandis to discretionary reduction of punishments.

Chapter 9 Probation[edit | edit source]

Article 74[edit | edit source]

(later amended)

Article 75[edit | edit source]

(later amended)

Article 75-1[edit | edit source]

(later added then amended)

Article 76[edit | edit source]

(later amended)

Chapter 10 Parole[edit | edit source]

Article 77[edit | edit source]

(later amended)

Article 78[edit | edit source]

(later amended)

Article 79[edit | edit source]

(later amended)

Article 79-1[edit | edit source]

(later added then amended)

Chapter 11 Statute of Limitations[edit | edit source]

Article 80[edit | edit source]

(later amended)

Article 81[edit | edit source]

(later deleted)

Article 82[edit | edit source]

The period of limitation of prosecution shall be determined by the principal punishment notwithstanding that such punishment shall be increased or reduced by law.

Article 83[edit | edit source]

(later amended)

Article 84[edit | edit source]

(later amended)

Article 85[edit | edit source]

(later amended)

Chapter 12 Rehabilitative Measures[edit | edit source]

Article 86[edit | edit source]

(later amended)

Article 87[edit | edit source]

(later amended)

Article 88[edit | edit source]

(later amended)

Article 89[edit | edit source]

(later amended)

Article 90[edit | edit source]

(later amended)

Article 91[edit | edit source]

(later deleted)

Article 91-1[edit | edit source]

(later added then amended)

Article 92[edit | edit source]

The measures prescribed in Articles 86 through 90 may, according to circumstances of the case, be replaced by protective measure.
The period for protective measure specified in the preceding paragraph shall not exceed three years. If in effective, it may be revoked at any time the original measure enforced.

Article 93[edit | edit source]

(later amended)

Article 94[edit | edit source]

(later deleted)

Article 95[edit | edit source]

Any alien receiving sentence more than imprisonment may, after execution or remission of punishment, be deported.

Article 96[edit | edit source]

(later amended)

Article 97[edit | edit source]

(later deleted)

Article 98[edit | edit source]

(later amended)

Article 99[edit | edit source]

(later amended)

Part 2 Specific Offenses[edit | edit source]

Chapter 1 Civil Disturbance[edit | edit source]

Article 100 (later amended)
Article 101 Any person with force committing an offense specified in paragraph 1 of the preceding article shall be sentenced to life imprisonment or imprisonment not less than seven years; a ringleader shall be sentenced to death or life imprisonment.
Any person preparing or conspiring to commit an offense specified in the preceding paragraph shall be sentenced to imprisonment of not less than one year but not more than seven years.
Article 102 Any person committing an offense specified in paragraph 2 of Article 100 or paragraph 2 of Article 101 and voluntarily turning himself in for trial shall have his punishment reduced or remitted.

Chapter 2 Treason[edit | edit source]

Article 103 Any person colluding with a foreign state or its agent with intent that such state or other state start war against the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 104 Any person colluding with a foreign state or its agent with intent to subject territory of the Republic of China to such state or other state shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit and offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 105 Any citizen of the Republic of China serving in the armed forces of an enemy or joining the enemy’s fight with arms against the Republic of China or against an ally of the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 106 Any person during a war with a foreign state or while the war is about to start aids the enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than five years.
Article 107 Any person committing an offense specified in paragraph 1 of the preceding article under one of the following circumstances shall be sentenced to death or life imprisonment:
  1. Surrendering armed forces to an enemy or surrendering, destroying, damaging, or otherwise rendering useless the following: strategic point, naval base, military post, military vessel or aircraft, or another military place or structure; arms, ammunition, money, provisions or other war materials for the use of the military of the Republic of China; bridge, railway, vehicle, electric wire, electric machine, telegraph station, or another thing used for transportation.
  2. Recruiting for an enemy or inducing a person in the armed services to surrender to the enemy.
  3. Inciting a person in the armed services to neglect his duty, desert, mutiny, or commit a breach of discipline.
  4. Disclosing or delivering to the enemy a document, plan, information, or another thing of secret nature concerning a strategic point, naval base, military post, military vessel or aircraft, or military, naval, or aerial movement.
  5. Committing an act of espionage for an enemy or rendering aid to an enemy spy.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 108 (later amended)
Article 109 Any person disclosing or delivering a document, plan, information, or another thing of a secrete nature concerning the defense of the Republic of China shall be sentenced to imprisonment for not less than one year but not more than seven years.
Any person disclosing or delivering to a foreign state or to its agent a document, plan, information, or another thing specified in the preceding paragraph shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Any person preparing or conspiring to commit an offense specified in paragraphs 1 and 2 shall be sentenced to imprisonment not more than two years.
Article 110 (later amended)
Article 111 Any person prying or gathering a document, plan, information or another thing specified in paragraph 1 of Article 109 shall be sentenced to imprisonment not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than one year.
Article 112 Any person who without authority enters a strategic point, naval base, military vessel, or another place or structure of military importance, or remains there, with purpose to pries or gather a document, plan, information, or another thing specified in paragraph 1 of Article 109 shall be sentenced to imprisonment not more than one year.
Article 113 (later amended)
Article 114 Any person entrusted by the Government with the duty of conducting business with a foreign government who betrays his trust and causes injury to the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
Article 115 Any person who forges, alters, destroys, or conceals a document, plan, or another thing which is evidence of a right of the Republic of China to a foreign state shall be sentenced to imprisonment not less than five years but not more than twelve years.
Article 115-1 (later added)

Chapter 3 Offenses of Interference with Relations with Other States[edit | edit source]

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 offense increased by one third.
Article 117 (later amended)
Article 118 (later amended)
Article 119 Prosecution for an offense against reputation specified in Article 116 or for an offense specified in Article 118 may be instituted only upon the complaint of the government or the foreign state concerned.

Chapter 4 Offenses of Malfeasance in Office[edit | edit source]

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.
Article 121 (later amended)
Article 122 (later amended)
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 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.
Article 124 A public official vested with judicial functions or an arbitrator who renders an illegal decision or arbitral award shall be sentenced to imprisonment for not less than one year but not more than seven years.
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 threat or violence with purpose to extract confession.
  3. Knowingly causing an innocent person to be prosecuted or punished or causing a guilty person not be prosecuted or punished.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or with imprisonment for not less than three but not more than ten years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 126 A public official charged with the custody, or conveyance of prisoners who commits an act of violence or cruelty to a prisoner shall be sentenced to imprisonment for no 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 with imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 127 (later amended)
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.
Article 129 (later amended)
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.
Article 131 (later amended)
Article 132 (later amended)
Article 133 (later amended)
Article 134 A public official who takes advantage of his authority, opportunity, or 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 by increasing it up to one half unless special provisions have been made for such punishment because of his status as a public official.

Chapter 5 Offenses of Obstructing an Officer In Discharge of Duties[edit | edit source]

Article 135 (later amended)
Article 136 (later amended)
Article 137 (later amended)
Article 138 A person who destroys, damages, conceals, or renders useless a document, plan, or another 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 (later amended)
Article 140 (later amended)
Article 141 (later amended)

Chapter 6 Offenses of Interference with Voting[edit | edit source]

Article 142 A person who by threat, violence, or other illegal means interferes with another in the free exercises of his right to vote at a political election duly authorized by law or in the free exercise of his other voting right shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 143 (later amended)
Article 144 (later amended)
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.
Article 146 (later amended)
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.
Article 148 (later amended)

Chapter 7 Offenses of Interference with Public Order[edit | edit source]

Article 149 (later amended)
Article 150 (later amended)
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.
Article 152 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 (later amended)
Article 154 (later amended)
Article 155 A person who incites a person in the armed services 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.
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.
Article 157 (later amended)
Article 158 (later amended)
Article 159 (later amended)
Article 160 (later amended)

Chapter 8 Offenses of Escape[edit | edit source]

Article 161 A person, having been legally arrested or taken into custody, who escape shall be sentenced to imprisonment for not more than one year.
A person who commits an offense specified in the preceding paragraph by damaging a part of the place of confinement or an instrument by which he is confined or by means of violence or threats shall be sentenced to imprisonment for not more than five years.
A person who participates in an open assembly at which an offense specified in paragraph 1 is committed by threats or violence shall be sentenced to imprisonment for not less than three years but not more than ten years; a ringleader and any person who actually employs violence threats shall be sentenced to imprisonment for not less than five years.
An attempt to commit an offense specified in one of the three preceding paragraphs is punishable.
Article 162 A person who sets free or facilitates the escape of a person, having be legally arrested or taken into custody, shall be sentenced to imprisonment for not more than three years.
A person who commits an offense specified in the preceding paragraph by damaging a part of the place of confinement or an instrument, or by means of violence or threats shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who participates in an open assembly at which an offense specified in paragraph 1 is committed by threats or violence shall be sentenced to imprisonment for not less than five years but not more than twelve years; a ringleader and any person who actually employs violence threats shall be sentenced to life imprisonment, or imprisonment for not less than seven years.
An attempt to commit an offense specified in one of the three preceding paragraphs is punishable.
A spouse, relative by blood within the fifth degree of relationship, or relative by marriage within the third degree of relationship who commits the offense of facilitating escape specified in paragraph 1 may have his punishment reduced.
Article 163 (later amended)

Chapter 9 Offenses of Concealment of Offenders and Destruction of Evidence[edit | edit source]

Article 164 (later amended)
Article 165 (later amended)
Article 166 A person, having committed an offense specified in the preceding article, who confesses thereto before the judgment on the criminal case has become final, shall have his punishment reduced or remitted.
Article 167 A spouse, relative by blood within the fifth degree of relations, or relative by marriage within the third degree of relationship who commits an offense specified in Article 164 or 165 for the benefit of an offender or a person legally arrested or taken into custody who escape from custody shall have his punishment reduced or remitted.

Chapter 10 Offenses of Perjury and Malicious Accusation[edit | edit source]

Article 168 A witness, expert witness, or interpreter who at a trial before a public official vested with judicial functions or at an investigation before a prosecutor makes, before or after signing an affidavit, a false statement on a matter material to the case shall be sentenced to imprisonment for not more than seven years.
Article 169 A person with the intention to cause another to receive penal or disciplinary punishment falsely accuses him before a competent public official shall be sentenced to imprisonment for not more than seven years.
A person with the intention to cause another to receive penal or disciplinary punishment forges, alters or uses forged or altered evidence shall be subject to the same punishment.
Article 170 A person with the intention to incriminate his lineal blood ascendant commits an offense specified in the preceding article shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 171 (later amended)
Article 172 A person, having committed an offense specified in one of the articles, 168 through 171, who confesses thereto before judgment or disciplinary order has become final shall have his punishment reduced or remitted.

Chapter 11 Offenses Against Public Safety[edit | edit source]

Article 173 (later amended)
Article 174 (later amended)
Article 175 (later amended)
Article 176 A person who intentionally or negligently causes the destruction of a thing specified in one of the three preceding articles by means of gunpowder, steam, electricity, gas, or another explosive substance shall be punished mutatis mutandis in accordance with the provisions relating to fire caused intentionally or negligently.
Article 177 (later amended)
Article 178 (later amended)
Article 179 (later amended)
Article 180 (later amended)
Article 181 (later amended)
Article 182 (later amended)
Article 183 (later amended)
Article 184 (later amended)
Article 185 (later amended)
Article 185-1 (later added)
Article 185-2 (later added then amended)
Article 185-3 (later added then amended)
Article 185-4 (later added then amended)
Article 186 (later amended)
Article 186-1 (later added then amended)
Article 187 A person who manufactures, sells, transports, or possesses dynamite, gun-cotton, fulminating mercury, or other similar explosive, or a gun, cannon, or ammunition for military used, with the intention that such a thing be used by himself or by another to commit an offense shall be sentenced to imprisonment for not more than five years.
Article 187-1 (later added)
Article 187-2 (later added then amended)
Article 187-3 (later added)
Article 188 (later amended)
Article 189 (later amended)
Article 189-1 (later added then amended)
Article 189-2 (later added)
Article 190 (later amended)
Article 190-1 (later added then amended)
Article 191 (later amended)
Article 191-1 (later added)
Article 192 (later amended)
Article 193 (later amended)
Article 194 (later amended)

Chapter 12 Offenses of Counterfeiting Currency[edit | edit source]

Article 195 (later amended)
Article 196 (later amended)
Article 197 (later amended)
Article 198 (later amended)
Article 199 (later amended)
Article 200 A counterfeit or altered currently used coin, paper currency, or banknote, coin of reduced weight, or an instrument or material specified in the preceding article shall be confiscated whether or not it belongs to the offender.

Chapter 13 Offenses of Counterfeiting Securities[edit | edit source]

Article 201 (later amended)
Article 201-1 (later added then amended)
Article 202 (later amended)
Article 203 (later amended)
Article 204 (later amended)
Article 205 (later amended)

Chapter 14 Offenses of Falsifying Weights and Measures[edit | edit source]

Article 206 (later amended)
Article 207 (later amended)
Article 208 (later amended)
Article 209 A weight or measure not in conformity with the legal standard shall be confiscated whether or not it belongs to the offender.

Chapter 15 Offenses of Forging Instruments or Seals[edit | edit source]

Article 210 A person who forges or alters a private document and causes injury to the public or to another shall be sentenced to imprisonment for not more than five years.
Article 211 A person who forges or alters a public document and causes injury to the public or another shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 212 (later amended)
Article 213 A public official who makes in a public document within his charge an entry which he knows to be false and causes injury to the public or another shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 214 (later amended)
Article 215 (later amended)
Article 216 A person who puts into circulation a document specified in one of the articles, 210 through 215, shall be punished in accordance with the provisions relating to forging or altering documents, to making a false entry, or to causing a false entry to be make.
Article 217 A person who forges a seal, the impression of a seal, or a signature and causes injury to the public or another shall be sentenced to imprisonment for not more than three years.
A person who uses without authority a seal, the impression of a seal, or a signature and causes injury to the public or another shall be subject to the same punishment.
Article 218 A person who forges a public seal or the impression of a public seal shall be sentenced to imprisonment for not more than five years.
A person who uses without authority a public seal or the impression of a public seal and causes injury to the public or another shall be subject the same punishment.
Article 219 A forget seal, impression of a seal, or a signature shall be confiscated whether or not it belongs to the offender.
Article 220 (later amended)

Chapter 16[edit | edit source]

The Chapter was originally named Offense against Morality. The April 1999 amendment promulgated the name Sexual Offenses.

Article 221 (later amended)
Article 222 (later amended)
Article 223 (later deleted)
Article 224 (later amended)
Article 224-1 (later added)
Article 225 (later amended)
Article 226 (later amended)
Article 226-1 (later added)
Article 227 (later amended)
Article 227-1 (later added)
Article 228 (later amended)
Article 229 (later amended)
Article 229-1 (later added then amended)

Chapter 16-1[edit | edit source]

The Chapter did not originally exist. The April 1999 amendment promulgated the name Offense against Morality.

Article 230 (later amended)
Article 231 (later amended)
Article 231-1 (later added then amended)
Article 232 (later amended)
Article 233 (later amended)
Article 234 (later amended)
Article 235 (later amended)
Article 236 (later amended)

Chapter 17 Offenses Against Marriage and Family[edit | edit source]

Article 237 A person who has a spouse and marries again or who marries two or more persons at the same time shall be sentenced to imprisonment for not more than five years; the other party to such marriage shall be subject to the same punishment.
Article 238 A person who by fraudulent means enters into a void or voidable marriage which is declared void or is annulled by final decision shall be sentenced to imprisonment for not more than three years.
Article 239 A married person who commits adultery with another shall be sentenced to imprisonment for not more than one year; the other party to the adultery shall be subject to the same punishment.
Article 240 (later amended)
Article 241 (later amended)
Article 242 A person who transports an abducted person specified in one of the two preceding articles beyond the territory of the Republic of China shall be sentenced to life imprisonment or imprisonment for not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 243 (later amended)
Article 244 A person who commits an offense specified in Article 240 or 241 and who returns the abducted person or reveals the location of such a person resulting in his recovery before a decision has been pronounced may have his punishment reduced.
Article 245 Prosecution for an offense specified in Articles 238 and 239 and paragraph 2 of Article 240 may be instituted only upon complaint.
A spouse who connives or forgives the offender of Article 239 has no right to complaint.

Chapter 18 Offenses Against Religion, Graves, and Corpses[edit | edit source]

Article 246 (later amended)
Article 247 A person who damages, abandons, insults or steals a corpse shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who damages, abandons or steals the bone, hair, burial articles or cremated remains of a deceased person shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 248 A person who digs out a grave shall be sentenced to 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 249 A person who digs out a grave and damages, abandons, insults, or steals the corpse shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who digs out a grave and damages, abandons, or steals the bones, hair, burial articles, or cremated remains of a decreased person shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 250 A person who commits an offense specified in one of the articles, 247 through 249, against his lineal blood ascendant shall be subject to the punishment prescribed for such offense by increasing it up to one half.

Chapter 19 Offenses Against Agriculture, Industry, and Commerce[edit | edit source]

Article 251 (later amended)
Article 252 (later amended)
Article 253 (later amended)
Article 254 (later amended)
Article 255 (later amended)

Chapter 20 Offenses Relating to Opium[edit | edit source]

Article 256 (later amended)
Article 257 (later amended)
Article 258 (later amended)
Article 259 (later amended)
Article 260 (later amended)
Article 261 A public official who uses his authority to compel another person to commit an offense specified in the preceding article shall be sentenced to death or life imprisonment.
Article 262 (later amended)
Article 263 (later amended)
Article 264 A public official who harbors a person who commits an offense specified in this Chapter shall be subject to the punishment prescribed for such offense by increasing it up to one half.
Article 265 If an offense specified in this Chapter is committed, the opium, morphine, cocaine, heroin, the compound, the seeds, or an instrument used to exclusively for smoking or taking opium shall be confiscated whether or not it belongs to the offender.

Chapter 21 Offenses of Gambling[edit | edit source]

Article 266 (later amended)
Article 267 (later deleted)
Article 268 (later amended)
Article 269 (later amended)
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.

Chapter 22 Offenses of Homicide[edit | edit source]

Article 271 A person who takes the life of another shall be sentenced to death or life imprisonment or 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 sentenced to imprisonment for not more than two years.
Article 272 (later amended)
Article 273 Any person who kills others on the scene by righteous indignation shall be sentenced to imprisonment for not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 274 (later amended)
Article 275 (later amended)
Article 276 (later amended)

Chapter 23 Offenses of Causing Injury[edit | edit source]

Article 277 (later amended)
Article 278 (later amended)
Article 279 (later amended)
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 (later amended)
Article 282 (later amended)
Article 283 (later amended)
Article 284 (later amended)
Article 285 (later amended then deleted)
Article 286 (later amended)
Article 287 (later amended)

Chapter 24 Offenses of Abortion[edit | edit source]

Article 288 (later amended)
Article 289 A person who at the request or with the consent of a pregnant woman causes her abortion shall be sentenced to imprisonment for not more than two years.
If the commission of the offense results in the death of the woman, the offender shall be sentenced to imprisonment for not less than six months but not more than five years; if aggravated injury results, the offender shall be sentenced to imprisonment for not more than three years.
Article 290 (later amended)
Article 291 A person who without the request or consent of a pregnant woman causes her abortion shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the commission of the offense results in the death of the woman, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to 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 292 (later amended)

Chapter 25 Offenses of Abandonment[edit | edit source]

Article 293 (later amended)
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 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 sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 294-1 (later added)
Article 295 (later amended)

Chapter 26 Offenses Against Freedom[edit | edit source]

Article 296 A person who enslaves another or places another in a position as not free as a slave shall be sentenced to 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.
Article 296-1 (later added then amended)
Article 297 (later amended)
Article 298 (later amended)
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 sentenced to imprisonment for not less than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable
Article 300 (later amended)
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 (later amended)
Article 305 (later amended)
Article 306 (later amended)
Article 307 (later amended)
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.

Chapter 27 Offenses Against Reputation and Credit[edit | edit source]

Article 309 (later amended)
Article 310 (later amended)
Article 311 A person who makes a statement with bona-fide intent under one of the following circumstances shall not be punished:
1.Self-defense, self-justification, or the protection of legal interest
2.A report made by a public official in his official capacity
3.Fair comment on a fact subject to public criticism
4.Fair report on the proceedings of a national or local assembly, court, or a public meeting
Article 312 (later amended)
Article 313 (later amended)
Article 314 Prosecution for an offense specified in this Chapter may be instituted only upon complaint.

Chapter 28 Offenses Against Privacy[edit | edit source]

Article 315 (later amended)
Article 315-1 (later added then amended)
Article 315-2 (later added then amended)
Article 315-3 (later added)
Article 316 (later amended)
Article 317 (later amended)
Article 318 (later amended)
Article 318-1 (later added then amended)
Article 318-2 (later added)
Article 319 (later amended)

Chapter 29 Offense of Larceny[edit | edit source]

Article 320 (later amended)
Article 321 (later amended)
Article 322 (later deleted)
Article 323 (later amended)
Article 324 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.
Prosecution for an offense specified in this Chapter committed among the relatives specified in the preceding paragraph, blood relatives within the fifth degree of relationship or relatives by marriage within the third degree of relationship may be instituted only upon complaint.

Chapter 30 Offense of Abrupt Taking, Robbery and Piracy[edit | edit source]

Article 325 A person who for purpose to exercise unlawful control over other’s property for himself or for a third person abruptly takes from another his movable property shall be sentenced to imprisonment for 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 for not less than seven years; if aggravated injury results, the offender shall be sentenced to 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 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 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.
Article 327 (later deleted)
Article 328 (later amended)
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 (later amended)
Article 331 (later amended then deleted)
Article 332 (later amended)
Article 333 (later amended)
Article 334 (later amended)
Article 334-1 (later added)

Chapter 31 Offenses of Embezzlement[edit | edit source]

Article 335 (later amended)
Article 336 (later amended)
Article 337 (later amended)
Article 338 The provisions of Article 323 and 324 shall apply mutatis mutandis to offenses specified in this Chapter.

Chapter 32 Offenses of Fraudulence, Breach of Trust, Taking, and Usury[edit | edit source]

Article 339 (later amended)
Article 339-1 (later added then amended)
Article 339-2 (later added then amended)
Article 339-3 (later added then amended)
Article 339-4 (later added)
Article 340 (later deleted)
Article 341 (later amended)
Article 342 (later amended)
Article 343 (later amended)
Article 344 (later amended)
Article 344-1 (later added)
Article 345 (later deleted)

Chapter 33 Offenses of Extortion and Kidnapping for Ransom[edit | edit source]

Article 346 (later amended)
Article 347 (later amended)
Article 348 (later amended)
Article 348-1 (later added)

Chapter 34 Offenses of Receiving Stolen Property[edit | edit source]

Article 349 (later amended)
Article 350 (later 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.

Chapter 35 Offenses of Destruction, Abandonment, and Damage of Property[edit | edit source]

Article 352 (later amended)
Article 353 A person who damages, or renders useless a structure, mine, or vessel belonging to another shall be sentenced to imprisonment for 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 for not less than seven years; if aggravated injury results, the offender shall be sentenced to 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 354 (later amended)
Article 355 (later amended)
Article 356 (later amended)
Article 357 Prosecution for an offense specified in Article 352 or Articles 354 through 356 may be instituted only upon complaint.

Chapter 36[edit | edit source]

Article 358 (later added then amended)
Article 359 (later added then amended)
Article 360 (later added then amended)
Article 361 (later added)
Article 362 (later added then amended)
Article 363 (later added)

Annotated by Wikibooks[edit | edit source]

  1. "Criminal Code of the Republic of China: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2020-01-15. http://law.moj.gov.tw/Eng/LawClass/LawHistory.aspx?PCode=C0000001. Retrieved 2021-04-04. 
  2. "Criminal Code of the Republic of China: Article content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-03-24. http://law.moj.gov.tw/eng/LawClass/LawAll.aspx?PCode=C0000001. Retrieved 2017-04-05.