| Part One: General Provisions |
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| Article 1 | A person who is in active military service offences the law shall be punished according to the Code. |
| Article 2 | The Code also applies to the following kinds of offences committed by a soldier who is not in active service in wartime:
1. Offences of the provision as specified in Article 16;
2. Offences of the provision as specified in paragraph Ι of Article 17, clauseΙor Ⅱof paragraphΙof Article 18;
3. Offences of the provision as specified in paragraph Ι of Article 53, paragraph Ι of Article 58, paragraph Ι of Article 59, paragraph Ι of Article 63;
4. Offences of the provision as specified in paragraph Ιor Ⅱ of Article 67, paragraph Ⅱ of Article 68;
5.Offences of the provision as specified in Article 72 causing the loss on military, and also apply to the non-penetration of the preceding paragraphs about the offences of the provision as specific in paragraph Ι of Article 17, clauseΙor Ⅱof paragraphΙof Article 18, paragraph Ι of Article 53, paragraph Ι of Article 58, paragraph Ι of Article 59, paragraph Ι of Article 63, paragraph Ιor Ⅱ of Article 67 as well. |
| Article 3 | The Code shall apply to a soldier who forfeited the position of soldier after an offence was committed. |
| Article 4 | The Code shall apply to an offence committed by a soldier beyond the territory of the Republic of China, and an offence in Article 2 committed in wartime by a soldier who is not in active service are as well. |
| Article 5 | If an offence in the Criminal Law of Republic of China or other laws committed by a soldier within the occupied territory of the army of Republic of China will be considered an offence committed within the territory of the Republic of China. |
| Article 6 | The words “soldier” in the Code denotes a person who is in active service of officers, Sergeants, and privates under the law of military service or other laws. |
| Article 7 | A person who serves in the armed forces and subsumes in battle disposition in wartimes is consider to be a soldier who is in active service. |
| Article 8 | The word “commander” in the Code denotes an officer or Sergeants that has the authority to command or the superior position; the word “senior officer ” in the Code denotes an officer or Sergeant that has the superior official rank. |
| Article 9 | The word “troops” in the Code denotes the Ministry of National Defense and forces, academies, and organizations its. |
| Article 10 | The word “enemy” in the Code denotes any country or organization that engages in or whose force confronts with the Republic of China. |
| Article 11 | The Code shall apply to the period and area that the president declares the war according to the provisions of wartime, and as well as the period and districts under martial laws for the war or the revolt. If the Legislative Yuan doesn’t approve the proclamation of war or the martial law, this Code does not apply. |
| Article 12 | An act is not punishable when committed for maintaining the momentous profit on national defenses or military affairs in desperation. Provided, If the act was excessively improper, punishment may be reduced or remitted. |
| Article 13 | The Code shall apply to the General Provisions of the Criminal Code if not against each other. |
| Part Two Special Provisions |
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| Chapter Ⅰ: OFFENCES AGAINST THE ALLEGIANCE TO THE NATION |
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| Article 14 | A person who commits an overt act with intent to destroy the organization of the State, seize State territory, change the Constitution, or overthrow the Government by strong-arm means or threatening with force shall be punished with imprisonment for not less than ten years; an ringleader shall be punished with imprisonment for not less than ten years, death or imprisonment for life.
A person who prepares to commit an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than one year and not more than seven years. |
| Article 15 | A person who conspire to commit with violence an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than seven years or for life; an ringleader shall be sentenced to death or imprisonment for life.
A person who prepares or conspires to commit an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than three years and not more than ten years. |
| Article 16 | A person who incites the soldier in active service to riot by writing, drawing, speech and any other means specified in paragraph Ⅰof Article 14 shall be sentenced to imprisonment for not less than seven years. |
| Article 17 | A person who commits an offence specified in one of the following circumstances shall be punished with death or imprisonment for life:
1. Giving the military facilities or the materials for military use to an enemy in paragraph Ⅰof Article 58 or paragraph Ⅰof Article 59.;
2. Committing an act of espionage for an enemy or rendering aid to an enemy?s spy;
3. Semaphoring or, sending or transmitting telecommunication to an enemy;
4. Rendering aids to an enemy to invade a military post, an airport, a naval base, or any other military places or structures; or to guide an enemy or to indicate the geographical features for an enemy;
5. Committing an act with violence, threats, or intimidation to a commander or a senior officer to surrender to an enemy;
6. Seizing or letting go the captured vessels, aircrafts, or captives for an enemy.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be punished with imprisonment for not less than one year and not more than seven years; if the offence committed in the three preceding paragraphs was slight, the punishment may be reduced. |
| Article 18 | A person who profited an enemy intentionally, and commited an offence specified in one of the following circumstances shall be punished with death or imprisonment for life:
1. Destroying,or damaging the military facilities and materials for military use in paragraph Ⅰof Article 58 or paragraph Ⅰof Article 59;
2. Obstructing the way in the land and water, or destroying, damaging the bridge, beacon, signs or other things to interfere the military traffic;
3. The commander leads the troups not to go to the assigned defensive place or causes the troups to have unauthorized departure from the arranged deployment;
4. Dispersing the troups or tempting the troups to disorder so that interference the communication and gathering;
5. An act of causing the lack of arms, ammunition, food, coverlets and clothes and other important materials for military use;
6. Committing an offence specified in paragraph Ⅰor paragraph Ⅳ of Article 16.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be sentenced to imprisonment for not less than six months and not more than five years; if the offence committed specified in the three preceding paragraphs was slight, the punishment may be reduced. |
| Article 19 | A person who renders military aids to an enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China with means excluding the two preceding articles shall be sentenced to imprisonment for ten years, death or imprisonment for life.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be sentenced to imprisonment for not less than six months and not more than five years; if the offence committed specified in the three preceding paragraphs was slight, the punishment may be reduced. |
| Article 20 | A person who discloses or delivers a document, plan, information, electromagnetic record, or other things of a secret nature concerning the defence of the Republic of China shall be punished with imprisonment for not less than three years and not more than ten years. That if he committed the offence in wartime shall be punished with imprisonment for not less than seven years or imprisonment for life.
A person who discloses or delivers to an enemy the military secrets in the preceding paragraph shall be punished with death or imprisonment for life.
An attempt to commit an offence specified in one of the two preceding paragraphs is punishable.
A person who commits the offence unpremeditatedly in the preceding paragraph shall be punished with imprisonment for not less than three years, detention, or a fine of not more than 300,000 yuan. That if he committed the offence in wartime shall be punished with imprisonment for not less than one year and not more than ten years.
An attempt to commit an offence specified in paragraph Ⅰor Ⅱ shall be punished with imprisonment for not less than five years. |
| Article 21 | A person who discloses or delivers military confidential information in the preceding paragraph which he had knowledge or possession because of his official position may be punished for such an offence increased by one second. |
| Article 22 | A person who searches out or gathers military confidential information in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than one year and not more than seven years. That if he committed the offence in wartime shall be punished with imprisonment for not less than three year and not more than ten years.
A person who searches out or gathers intelligence for an enemy in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than five years and not more than ten years. If he committed the offence in wartime shall be punished with imprisonment for not less than seven year or imprisonment for life.
An attempt to commit an offence specified in one of the two preceding paragraphs is punishable.
A person who commits the offence unpremeditatedly in the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan. |
| Article 23 | A person who without authority enters into or remains in a strategic military point, naval base, military vessel, or other places or structures of the military with intent to search out or gather the military intelligence in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than three years and not more than ten years. That if he committed the offence in wartime may have the punishment prescribed for such offence increased by one second.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who commits the offence premeditatedly in the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan. |
| Article 24 | A person who surrenders to an enemy will be sentenced to death, imprisonment for life or imprisonment for not less than ten years. A person who derelicts duty and surrenders to an enemy will be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable.
A person who commits the offence premeditatedly in the preceding paragraph shall be punished with imprisonment for not less than six months and not more than five years. |
| Article 25 | A person who is punished for voluntary surrendering may have the punishment reduced or remitted, and if such person confesses during investigation or trial, the punishment may be reduced. |
| Chapter Ⅱ: OFFENCES AGAINST THE MILLITARY DUTY OR SERVICE |
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| Article 26 | A commander that starts wars without cause will be punished with death, imprisonment for life or imprisonment for not less than ten years. |
| Article 27 | Any person who disobeys any operations order before or in the presence of the enemy shall be punished by death or imprisonment for life.
An attempt to commit the offense specified in the preceding paragraph is punishable. |
| Article 28 | A person who takes the duty of medical affairs in wartime deserts injured soldiers and will be punished with imprisonment for not less than one year and not more than seven years.
If the death results from the commitment of the offence, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the offender shall be punished with imprisonment for not less than three years and not more than ten years. |
| Article 29 | A person who takes the duty of service on the military vessel, aircrafts, tank, gun tank, armored vehicles, arms, ammunition, or other important military facilities and materials do not fulfill the duty, or know the damage of the machinery without report and put the executants in danger shall be punished with imprisonment for not more than five years.
If the death of the executants results from the commitment of the offence of the preceding paragraph, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if the executants have serious harmful results, the offender shall be punished with imprisonment for not less than three years and not more than ten years. |
| Article 30 | A person who provides the troops with harmful food or other things will be punished with imprisonment for not more than seven years.
If the death of the executants results from the commitment of the offence against the preceding paragraph, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if the executants have serious harmful results, the offender shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the first paragraph is punishable. |
| Article 31 | A person who discards a document, plan, information, electromagnetic record, or other things shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan. A person who discards the materials in the preceding paragraph to an enemy shall be punished with imprisonment for not more than seven years.
A person who commits the offences in the two preceding paragraphs unpremeditatedly and causes injury to the military interests shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
A person who commits the offence in the two preceding paragraphs in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; if the offence caused injury to military interest shall be punished with death, imprisonment for life or imprisonment for not less than ten years; a person who commits the offence in the third paragraph shall be punished with imprisonment for not less than one year and not more than seven years. |
| Article 32 | A person who takes the duty of supplying or transporting arms, ammunition, food, coverlets and clothes and other important materials for military use causes the lack or delay without reasons and causes the injury of the military shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits the offence in the first paragraph in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; if he committed the offence in the second paragraph in wartime shall be punished with imprisonment for not less than three years and not more than ten years. |
| Article 33 | A person, the prisoner in custody and sets free or facilitates his escape shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
An attempt to commit an offence specified in the preceding paragraph is punishable. |
| Article 34 | A guard, sentry, or a person who takes the duty of guarding on the alert neglects the duty for sleep, drunkenness or other similar situations and causes injury to military interests shall be punished with imprisonment for not more than five years.
A person who commits the offence in the preceding paragraph in wartime shall be punished with imprisonment for not less than one year and not more than seven years; if the offence causes the injury to the military shall be punished with imprisonment for life or imprisonment for not less than seven years.
A person who commits the offences in the first paragraphs unpremeditatedly in wartime shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan. |
| Article 35 | A guard, sentry, or a person who takes the duties of guarding on the alert, transmitting or dispatching orders makes unauthorized absence or departure form the duty shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly and caused the injury to the military shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 50,000 yuan.
A person who commits the offences in the first paragraphs in wartime shall be punished with imprisonment for not more than five years. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the first paragraph unpremeditatedly in wartime shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan. |
| Article 36 | A person who is against the requlations prevent those personsfrom on duty handing over the duty shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
The code shall apply to the offender who cause to be against other duty. |
| Article 37 | A person who pretends to be sick, hurt, or other acts of malingering to escape the duty shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the preceding paragraph is punishable. |
| Article 38 | A person who by fraud or other illegal means avoids all or part of important military duties shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
An attempt to commit an offence specified in the preceding paragraph is punishable. |
| Article 39 | A person who tries to get rid of military service over a long period of time or to escape to assume service shall be punished with imprisonment for not more than five years; if the escaping person return within six days may have the reduced punishment reduced.
A person who commits the offences in the preceding paragraph in wartime shall be punished with imprisonment for life or imprisonment for not more than ten years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable. |
| Article 40 | A person who leaves the position in service without reasons or does not assume his /her service over six days shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who leaves the position in service without reasons or does not assume service over six days in wartime shall be punished with imprisonment for not less than three years and not more than ten years.
A person who leaves the position in his /her without reasons or does not to assume service over thirty days or of which over six days in wartime shall be punished according to the preceding regulation. |
| Article 41 | A person who takes out military armaments, ammunition or other materials and leaves the position in service without reasons or does not assume service shall be punished with imprisonment for not less than seven years. If the person who commits the offences in the preceding paragraph in wartime shall be sentenced to death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offences in the preceding paragraph confesses the crime and surrenders the arms may have his /her punishment reduced or remitted; if such person confessed during investigation or trial and surrenders the arms may have the reduced punishment.
An attempt to commit an offence specified in the first paragraph is punishable. |
| Chapter Ⅲ: OFFENCES AGAINST THE MILLITARY DUTY OF OFFICER |
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| Article 42 | A commander who leaves the subordinate, leaves the assigned defensive place or move the post without authorization shall be punished with imprisonment for not less than one year and not more than seven years.
If the above-mentioned offence committed in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years.
If the offence caused the injury to the military shall be punished with death or imprisonment for life. |
| Article 43 | A commander who deserts the injured subordinate without reasons shall be punished with imprisonment for not less without reasons than one year and not more than seven years.
If the death of a 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 the soldier is seriously harmed , the commander shall be punished with imprisonment for not less than three years and not more than ten years. |
| Article 44 | 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. |
| Article 45 | A commander who punishes the subordinate’s act which the commander knows is not punishable shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A commander who punishes the subordinate without the regulations category and limitation as the Code shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. |
| Article 46 | A commander who by violence, threat, or fraud obstructs the subordinate to present a petition, complaint, litigate, state and plead shall be punished with imprisonment for not more than three year, detention, or a fine of not more than 300,000 yuan.
A person who takes the duty of examining or informing and the offence of the preceding paragraph is also punishable. |
| Chapter Ⅳ: OFFENCES AGAINST THE MILLITARY DUTY OF SUBORDINATE |
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| Article 47 | A person who disobeys the military orders of which transmitted or announced from higher authorities or within the commander's powers shall be punished imprisonment for not more than five years.
A person who commits the offences in wartime shall be punished with death or the imprisonment for life.
A person who commits the offence unpremeditatedly and causes the injury to the military interest shall be punished with imprisonment for not less than five years and not more than twelve years.
If the offender voluntarily and timely executes the duty that needn’t be executed immediately when the offence of the first paragraph was committed may have the punishment reduced or remitted. |
| Article 48 | A person who participates in an open assembly with offence of the first paragraph shall be punished with imprisonment for not less than one year and not more than seven years; the ringleader shall be punished with imprisonment for not less than three years and not more than ten years.
If the offence in the preceding paragraph committed in wartime shall be punished with death, imprisonment for life or imprisonment for not less than ten years; the ringleader shall be punished with death or imprisonment for life. |
| Article 49 | A person who uses violence, threat to a commander or puts the commander in fear shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offence of the preceding paragraph in wartime shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offence in the first paragraph to the senior officer shall be punished with imprisonment for not more than three year, detention, or a fine of not more than 300,000 yuan. If the offence committed in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years.
An attempt to commit an offence specified in the three preceding paragraphs is punishable. |
| Article 50 | A person who participates in an open assembly and commits the offence of the preceding paragraph shall be punished with imprisonment for not less than one year and not more than seven years; the ringleader shall be punished with imprisonment for not less than seven years; a person who actually commits shall be punished with imprisonment for not less than five years.
A person who is involved and commits the offence of the preceding paragraph in wartime shall be punished with death, imprisonment for life; the ringleader shall be punished with death, imprisonment for not less than seven years; a person who actually commits shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable. |
| Article 51 | A person who commits the offence in the two preceding paragraph may have the reduced punishment because of extenuating circumstances. |
| Article 52 | A person who publicly insults a commander shall be punished with imprisonment for not more than two years, detention or a fine of not more than 200,000 yuan.
A person who publicly insults a senior officer shall be punished with imprisonment for not more than one year, detention or a fine of not more than 100,000 yuan.
A person who by circulating a writing, drawing, speech or other means commits an offence specified in the two preceding article shall have the punishment increased up to one half.
Prosecution for an offence specified in the three preceding articles may be instituted only upon complaint. |
| Chapter Ⅴ: OTHER MILITARY OFFENCES |
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| Article 53 | A person who by violence, treats or other ways kidnaps military vessel, aircraft or controls its navigation shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
An attempt to commit an offence specified in the preceding paragraphs is punishable.
A person who prepares to commit an offence specified in paragraph Ⅰ shall be punished with imprisonment for not less than six months and not more than five years. |
| Article 54 | A person who drives a motor vehicle in any one of the following circumstances shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than NT$400,000 may be imposed:
1. the person’s exhalation contains alcohol of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is 0.05 percent or more.
2. there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed alcohol or other similar substances which prevent the person from driving safely.
3. drugs, narcotics or other similar substances, or their metabolites present in urine or blood specified by the Executive Yuan at concentrations equal to or exceeding the limits.
4. there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed drugs, narcotics or other similar substances which prevent the person from driving safely.
If the offense results in death, the offender shall be sentenced to imprisonment for not less than three years but less than ten years, in addition thereto, a fine of not more than NT$2,200,000 may be imposed; if the offense results in serious physical injury, the offender 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 NT$1,200,000 may be imposed.
A person who has once committed the offense set forth in this article or in Article 185-3 of the Criminal Code of the Republic of China and been judged guilty or subject to deferred prosecution but commits the offense set forth in paragraph 1 again within ten years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years, in addition thereto, a fine of not more than NT$3,200,000 may be imposed; in case of serious physical injury, such person 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 NT$2,200,000 may be imposed.
A person who drives an official or military motor vehicle commits an offense set forth in this article may have the punishment prescribed for such offense increased by half. |
| Article 55 | A person who attacks hospital, medical installation, medical transportation or medical staff with reasons shall be punished with imprisonment for not less than one year and not more than seven years. The Code also applies to a person who attacks a negotiation representative or a field correspondent. |
| Article 56 | A person who grabs belongings of the dead or the injured soldiers from his own country, friendly country or the enemy without reason shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the preceding paragraphs is punishable. |
| Article 57 | A person who goods and materials, installation or financial resources of the people without following the requisitions shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the preceding paragraphs is punishable. |
| Article 58 | A person who destroys military airport, harbor, tunnel, blockhouse, strategic point, military vessel, aircraft, vehicle, arms, ammunition, radar, signal communication, information facilitates and equipments, or other important military facilitates and materials for war, or otherwise making the military facilities useless and material for military use shall be punished with imprisonment for life or imprisonment for not less than seven years.
A person who commits the offence negligently shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits an offence specified in paragraph Ⅰin wartime shall be punished with death or imprisonment for life; a person who commits paragraph Ⅱ may have the punishment increased up to one half.
An attempt to commit an offence specified in the paragraph Ⅰand Ⅲ is punishable.
A person who prepares to commit an offence specified in paragraph Ⅰ shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
If the offence of the four paragraphs is committed the punishment may be reduced. |
| Article 59 | A person who destroys, damages or causes a military factory useless, depot, dock, bridge, road and waterway, oil, army provisions, raw materials for producing arms, ammunition or other important military facilitates shall be punished with imprisonment for not less than three years and not more than ten years.
If the offence of the four preceding paragraphs is committed shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits the offence negligently shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
A person who commits an offence specified in paragraph Ⅰin wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; a person who commits paragraph Ⅱ may have the punishment increased up to one half.
An attempt to commit an offence specified in the paragraph Ⅰand Ⅲ is punishable.
If the offence of the three preceding paragraphs is committed the punishment may be reduced. |
| Article 60 | A person who destroys, damages or causes the military facilitates useless against the two preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
Prosecution for an offence specified in the preceding articles may be instituted only upon complaint. |
| Article 61 | A person who endangers public or military security by losing arms, ammunition or other materials military operations shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan. |
| Article 62 | A person who damages historic monuments or historical cultural relics without reason in wartime shall be punished with imprisonment for not more than five years.
If the offence of the four preceding paragraphs is committed under serious circumstances shall be punishment with imprisonment for not less than one year and not more than seven year. |
| Article 63 | A person who exports, interferes, changes electromagnetic records or hinders its accuracy by other illegally means shall be punished with imprisonment for not more than five years.
If the offence committed in wartime shall be punished with imprisonment for not less than three years and not more than ten years. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than seven years. |
| Article 64 | A person who illegally occupies military arms or ammunition shall be punished with imprisonment for not less than three years and not more than ten years.
A person who commits the offence of the preceding paragraph with intent to commit a crime for him self or for others shall be punished with imprisonment for life or imprisonment for not less than ten years.
A person who illegally occupied military materials that were not mentioned in the preceding paragraph shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the three preceding paragraph is punishable.
If the offence of preceding paragraphⅠand Ⅲ is committed shall be punished with imprisonment for not more than five years. |
| Article 65 | A person who manufactures, sales or transports military arms or ammunition without authorization shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offence of the preceding paragraph with intent to facilitate himself or others to commit a crime shall be punished with death or imprisonment for life.
A person who manufactures, sales or transports the main components of military arms or ammunition without authorization shall be punished with imprisonment for life or imprisonment for not less than seven years.
An attempt to commit an offence specified in the three preceding paragraph is punishable. |
| Article 66 | Any person who makes any false military order, document, or other statement knowing it to be false shall be punished by imprisonment for not more than 5 years; if the commission of preceding crimes causes the injury to military interest, the offender shall be punished by imprisonment for life or for not less than seven years.
Any person who, during wartime, commits an offense specified in the forepart of preceding paragraph shall be punished by death, imprisonment for life, or for not less than ten years; if the commission of preceding crimes causes the injury to military interest, the offender shall be punished by death or imprisonment for life.
Any person who negligently commits an offense specified in the forepart of preceding paragraph shall be punished by imprisonment for not less than three and not more than ten years.
Any person who unfaithfully or fails to transmit or report any military order, document, or other statement shall be punished in accordance with the provisions of preceding paragraphs. |
| Article 67 | A person who commits violence, threats, or intimidation to a guard, sentry, or a person who takes the duty of guarding on the alert or on transmission shall be punished with imprisonment for not less than six months and not more than five years.
A person who is involved and commits the offence of the preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan; the ringleader shall be punished with imprisonment for not less than three years and not more than ten years; a person who actually commits shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the two preceding paragraph is punishable. |
| Article 68 | A person who commits violence, threats, or intimidation to a person who takes the duty that is not mentioned in the preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who is involved at present and commits the offence of the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan; the ringleader shall be punished with imprisonment for not less than one year and not more than seven years; a person who actually commits shall be punished with imprisonment for not less than six months and not more than five years.
An attempt to commit an offence specified in the two preceding paragraph is punishable. |
| Article 69 | A person who forms a gang more than three persons and occupies a government office, railway, highway, railway station, port, airport, broadcasting station, television station, telecommunication station or other similar places forcibly shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the preceding paragraph is punishable. |
| Article 70 | A person who insults a guard, sentry, or a person who takes the duty of guarding on the alert or on transmission presently or insults the duty that is in execution publicly shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. |
| Article 71 | A person who defrauds a guard, sentry, or a person who takes the duty of guarding on the alert to pass the place on the alert, or to pass with recalcitrance shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. |
| Article 72 | A person who fabricates or disseminates a rumor or false information regarding military for purpose that it be communicated to the pubic shall be subject to imprisonment for not more than three years, detention, or a fine of not more than NT$300,000.
A person who commits an offense specified in the preceding paragraph through broadcasting TV, electronic communication, Internet or other media may have the punishment prescribed for such offense increased by half. |
| Article 73 | A person who intends to influence a person who has the power to appoint, propose, deliberate, ratify the decision of appointment, promoting, degradation and sends fake information which is disadvantageous to others anonymously shall be punished with imprisonment for for not more than one year, detention, or a fine of not more than 100,000 yuan.
A person who knows the anonymous information is fake still offers a person who has the power of investigation or the authority of personnel office as referring shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 50,000 yuan. |
| Article 74 | A person who openly without authority wears the uniforms or badges or makes use of the military titles of a soldier shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
A person who commits the offence of the preceding paragraph and exercises powers as such shall be punished with imprisonment for not more than five years. |
| Article 75 | A person who gambles in the area of military base, vessel, structures or other military places shall be punished with imprisonment for not more than six months, detention, or a fine not more than 50,000 yuan may be imposed unless the item which he gambles is the one to provide temporary entertainment.
A commander who harbors a subordinate who gambles or assembles persons to gamble shall be punished with imprisonment for not more than five years.
Gambling apparatus at the site found at the gambling table or place for exchange of gambling tokens shall be confiscated whether or not it belongs to the offender. |
| Part Three: Additional Provisions |
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| Article 76 | A soldier who is in the military service commits the following offences of Criminal Code will be punished according to it as provided in this Code:
1. Offences against the External Security of the Nation in Article 109 to 112 of chapter Ⅱ.
2. Chapter of Offences of Malfeasance in Office.
3. A person commits Offence against Public Safety intentionally in Article 173 to 177, paragraph Ⅰ,Ⅱ and Ⅳ of Article185, paragraph Ⅰof Article 190 and paragraph Ⅰof Article 191.
4. Chapter of Offences of Forging Instruments or Seals.
5. Chapter of Offences of Homicide.
6. Offences of paragraph Ⅱ in Article 277 and paragraph Ⅱ Article 278 in Chapter of Offences of Causing Bodily Harm.
7. Chapter of Offences against Sex Liberty.
8. Offences of Larceny committed in the area of military base, vessel and structures.
9. Chapter of Offences of forcible Taking, Robbery and Piracy.
10. Chapter of Offences of Intimidation and Kidnapping for Ransom.
The offences of the preceding paragraphs will follow the special provision if other law or order prescribes the punishment.
The offences of the two preceding paragraphs are committed in war time, the punishment may be increased up to one half. |
| Article 77 | A soldier who is in the military service offences the Regulations of Prevention and Cure to the Drugs shall be punished according to the Code. |
| Article 78 | The Ministry of National Defense shall provide the category, extent and level of electromagnetic of writing, drawing, and information, electromagnetic record or other similar materials about the military of the Republic of China or superintends the Ministry of National Defense. |
| Article 79 | This Code will be put into effect on the date of its promulgation, except for Articles which were amended and promulgated on Sept. 28, 2001 and took effect on Oct. 2, 2001. |