Part 2 Specific Offenses
Chapter 11 Offenses Against Public Safety
Article 173
A person who sets fire to and destroys an occupied dwelling house or who sets fire to and destroys an occupied structure, mine, train, electric car, or a vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to life imprisonment or imprisonment for not less than seven years.
A person who negligently sets fire to a thing specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars.
Article 174
A person who sets fire to and destroys an unoccupied dwelling house belonging to another or who sets fire to and destroys an unoccupied structure, mine, train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air which belongs to another shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who endangers public safety by setting fire to and destroying a thing belonging to him that is specified in the preceding paragraph shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who negligently sets fire to and destroys a thing specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than nine thousand dollars; a person who negligently endangers public safety by setting fire to and destroying a thing specified in paragraph 2 shall be subject to the same punishment.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 175
A person who endangers public safety by setting fire to and destroying a thing belonging to another not specified in the preceding two articles shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who endangers public safety by setting fire to and destroying a thing belonging to him not specified in the preceding two articles shall be sentenced to imprisonment of not more than three years.
A person who negligently endangers public safety by setting fire to and destroying a thing not specified in the preceding two articles shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars.
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
A person who endangers public safety by causing to escape or by obstructing the flow of steam, electricity, gas or another gaseous substance shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than nine thousand dollars.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offenses results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 178
A person who by flooding causes damage to an occupied dwelling house or who by flooding causes damage to an occupied structure, a mine, a train, or an electric car shall be sentenced to life imprisonment or imprisonment for not more than five years.
A person who negligently by flooding causes damage to a thing specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 179
A person who by flooding causes damage to an unoccupied dwelling house that belongs to another or who by flooding causes damage to an unoccupied structure or mine which belongs to another shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who by flooding endangers public safety by causing damage to a thing belonging to him specified in the preceding paragraph shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who negligently by flooding causes damage to a thing specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than nine thousand dollars.
A person who negligently by flooding endangers public safety by causing damage to a thing specified in the preceding paragraph shall be subject to same punishment.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 180
A person who endangers public safety by flooding that causes damage to a thing belonging to another not specified in one of the preceding articles shall be sentenced to imprisonment for not more than five years.
A person who endangers public safety by flooding that causes damage to a thing belonging to him not specified in one of the two preceding articles shall be sentenced to imprisonment for not more than two years.
A person who negligently endangers public safety by flooding that causes damage to a thing not specified in one of the preceding articles shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars.
Article 181
A person who endangers public safety by breaking a dike, destroying a lock, or damaging a water reservoir shall be sentenced to imprisonment for not more than five years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 182
A person who, during a fire, flood, hurricane, earthquake, explosion or any similar disaster, conceals or damages an instrument or apparatus, which are to be used for the protection against the disaster, or interferes with disaster control by other means shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than thirty thousand yuan.
Article 183
A person who overturns or, damages an occupied train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to life imprisonment or imprisonment for not less than five years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than three year, short-term imprisonment, or a fine of not more than three hundred thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 184
A person who damages a railroad, lighthouse, or signal, or who uses other means to cause danger to the passage of a train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to imprisonment for not less than three years but not more than ten years.
If the offense results in the overturning or destruction of the vehicle, vessel, or aircraft specified in the preceding paragraph, the offender shall be punished in accordance with the provisions of paragraph 1of the preceding article.
A person who negligently commits an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two hundred thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 185
A person who obstructs or damages a road, waterway, bridge, or other means of general communication, or who uses other similar means to endanger the safety of public traffic shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense result in serious physical injury, 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 185-1
A person who hijacks, through the employment of violence, threats or other illegal means, an aircraft in use or controls its flight shall be sentenced to death, life imprisonment, or imprisonment for not less than seven years. If the offense is light, he shall be sentenced to imprisonment for not more than seven years.
If an offense results in death, the offender shall be sentenced to death or life imprisonment. If an offense results in serious physical injury, the offender shall be sentenced to death, life imprisonment, or imprisonment for not less than ten years.
A person who hijacks by a method specified in paragraph 1 a vessel or a car in use for public transport or controls its operation shall be sentenced to imprisonment for not less than five years. If the offense is light, he shall be sentenced to imprisonment for not more than three years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than seven years.
An attempt to commit an offense specified in paragraph 1 and 3 is punishable.
A person who prepares to commit the offense specified in paragraph 1 shall be sentenced to imprisonment for not more than three years.
Article 185-2
A person who endangers, through the employment of violence, threats or other illegal means, the safety of flight or air traffic facilities or equipment shall be sentenced to imprisonment for not more than seven years, short-term imprisonment, or a fine of not more than nine hundred thousand dollars.
It the offense cause the damage of aircraft or other facilities or equipments, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
If an offense results in death, the offender shall be sentenced to death, life imprisonment or imprisonment for not less than ten years; if an offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than five years but not more than twelve years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 185-3
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 three hundred thousand New Taiwan Dollars 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, and in addition thereto, a fine of not more than two million New Taiwan Dollars 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 less than seven years, and in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.
A person who has once committed the offense set forth in this Article or in Article 54 of the Criminal Code of the Armed Forces and been finally 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, and in addition thereto, a fine of not more than three million New Taiwan Dollars 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, and in addition thereto, a fine of not more than two million New Taiwan Dollars may be imposed.
Article 185-4
A person who flees after the motor vehicle he drives has caused an accident resulting in injury of another, shall be sentenced to imprisonment for not less than six months but not more than five years; a person who flees after the motor vehicle he drives has caused an accident resulting in death or aggravated injury of another, shall be sentenced to imprisonment for more than one year but less than seven years.
If a person commits the offenses specified in the preceding paragraph, and if the driver is not at fault for causing a death or injury in a traffic accident, the punishment may be reduced or remitted.
Article 186
A person who without authorization and a good reason manufactures, sells, transports, or possesses dynamite, gun-cotton, fulminating mercury, or other similar explosive; or a gun, cannon, or ammunition for military use shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
Article 186-1
A person who endangers public safety with the use of an explosive, gun-cotton, fulminating mercury or other similar explosive without a justified reason, shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who endangers public safety by negligently explodes explosive, gun-cotton, fulminating mercury or other similar explosive shall be sentenced to imprisonment for not more than two years, short-term imprisonment or a fine of not more than fifteen thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
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
A person who manufactures, sells, transports, or possesses nuclear raw material, nuclear fuel, nuclear reactor, a radioactive substance or its raw material not according to the law shall be sentenced to imprisonment of not more than five years.
Article 187-2
A person who endangers public safety by releasing nuclear energy or radioactivity that causes shall be sentenced to imprisonment of not more than five years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment of not less than five years.
A person who negligently commits an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 187-3
A person who uses radioactive without a justified season and causes damage to another’s body or health shall be sentenced to imprisonment for not less than three years but not more than ten years.
If the offense results in death, the offender shall be sentenced to life imprisonment of imprisonment for no less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than five years.
An attempt to commit the offense specified in paragraph 1 is punishable.
Article 188
A person who interferes with the operation of railway, postal, telegraph, or telephone service or with the public supply of water, electricity, or gas shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
Article 189
A person who damages a safety or life-saving device installed in a mine, factory, or similar establishment and thereby endangers the life of another shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who negligently commits an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two hundred thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 189-1
A person who damages the life protection equipment in a mine, a factory, or a similar place or makes it useless and thereby endangers the bodily health of another shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars.
A person who damages the life-protection equipment in a public place not specified in the preceding paragraph or makes it useless shall be subject to the same punishment.
Article 189-2
A person who obstructs the escape exist of a theater, a mall, a restaurant, a hotel or another place that people may come and go or a public place and thereby endangers the life, body or health of another shall be sentenced to imprisonment for not more than three years. Obstruction to the escape exit of a condo or a department and thereby endangers the life, body or health of another shall be subject to the same punishment.
If the offense results in death, the offender shall be sentenced to imprisonment for not more than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment of not more than five years.
Article 190
A person who places poisonous or harmful substance sanitation in a water sources, waterway, or reservoir intended for the supply of water to the public shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years
A person who negligently commits the offense specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than nine thousand dollars.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 190-1
A person who throws, abandons, drains, releases or uses other manner allowing a poisonous substance or any other substance that may harm health to pollute the air, soil, or rivers or other bodies of water and thereby causes harm shall be sentenced to imprisonment for no more than five years, detention, or a fine or combined with a fine no more than ten million dollars.
A factory or business proprietor, supervisor, agent, employee or other personnel who commits the offense set forth in the preceding paragraph in the performance of his occupation shall be sentenced to imprisonment for no more than seven years and may be combined with a fine no more than fifteen million dollars.
An offender who commits the offense set forth in paragraph 1 and causes death shall be sentenced to imprisonment for no less than three years but no more than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for no less than one year but no more than seven years.
An offender who commits the offense set forth in paragraph 2 and causes death shall be sentenced to life imprisonment or imprisonment for no less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for no less than three years but no more than ten years.
An offender who commits the offense set forth in paragraph 1 due to negligence shall be sentenced to imprisonment for no more than one year, detention, or a fine or combined with a fine no more than two million dollars.
An offender who commits the offense set forth in paragraph 2 due to negligence shall be sentenced to imprisonment for no more than three years, detention, or a fine or combined with a fine no more than six million dollars.
An attempt to commit the offenses set forth in paragraphs 1 and 2 is also punishable.
An offender who commits the offenses set forth in paragraph 1, paragraph 5 or attempt to commit the offenses set forth in paragraph 1 shall not be punished if the offense is obviously slight.
Article 191
A person who manufactures, sells, or offers for sale food, drink, or any other thing injurious to health shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than thirty thousand dollars may be imposed.
Article 191-1
A person who poisons drink, food or other products of another openly display for sale by adulterating, addiing, or smearing with poisonous substance or other injurious matters shall be sentenced to imprisonment for not more than seven years.
A person who mixes drink, food, or any other product that is adulterated, added, or smeared with poisonous substance, which is thereby injurious to another’s bodily health, with other’s drink, food, or other products offered for sale shall be subject to same punishment.
If the offense specified in the two preceding paragraphs results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit the offenses specified in paragraphs 1 and 2 is punishable.
Article 192
A person who violates a quarantine law or order concerning inspection or immigration promulgated for the prevention of contagious diseases shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than thirty thousand dollars.
A person who endangers public safety by exposing a corpse having infectious germs or who by other means spreads disease germs shall be subject to the same punishment.
Article 193
A contractor or an overseer who endangers public safety by violating an established rule of construction in erecting or demolishing a structure shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than ninety thousand dollars.
Article 194
A person who during a time of public calamity endangers public safety by failing to deliver provisions or other necessities which he has contracted to deliver to a public official or charity organization or by delivering things not in conformity with the terms of a contract shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than ninety thousand dollars may be imposed.