A person who is in active military service offences the law shall be punished according to the Code.

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.

The Code shall apply to a soldier who forfeited the position of soldier after an offence was committed.

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.

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.

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.

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.

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.

The word “troops” in the Code denotes the Ministry of National Defense and forces, academies, and organizations its.

The word “enemy” in the Code denotes any country or organization that engages in or whose force confronts with the Republic of China.

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.

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.

The Code shall apply to the General Provisions of the Criminal Code if not against each other.