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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 21:06
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Chapter Law Content

Part 1 General Provisions
Chapter 11 Statute of Limitations
Article 80
Prosecution is barred by limitation if not exercised within the following periods:
1. Thirty years for an offense that carries the maximum principal punishment of death or imprisonment for life or for not less than ten years, except for such offense that results in death.
2. Twenty years for an offense that carries the maximum principal punishment of imprisonment for not less than three years and the maximum punishment for less than ten years.
3. Ten years for an offense that carries the maximum principal punishment of imprisonment for not less than one year but not more than three years.
4. Five years for an offense that carries the maximum principal punishment of imprisonment for less than a year, short-term imprisonment, or a fine.
These periods specified in the preceding paragraph shall commence from the day on which the offense is committed; provided that the offense is of a continuing nature, when the period shall commence from the last day on which the offense is completed.
Article 81
(Deleted)
Article 82
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
The period of limitation of prosecution shall be terminated with the initiation of prosecution. This shall also apply to the suspension of investigation by law or to a case that the offender has escaped and has been put on the wanted list.
During the termination of limitation, the cause for termination is considered to have ended if any of the following conditions appears:
1. After the court decision is determined on turning down the prosecution or on terminating private prosecution on procedural grounds.
2. When the trial proceedings cannot commence or continue according to law or because the offender was wanted and the interruption has reached one-third of the period prescribed in the various items of paragraph 1 of Article 80
3. According to the second half of paragraph 1 to terminate the investigation or want the offender, the period of termination or wanting has been reached one-third of the period prescribed in the various items of paragraph 1 of Article 80.
The period of the preceding paragraphs shall be counted from the day of the end of the cause for interruption together with the day prior to the interruption.
Article 84
Execution is barred by the statute of limitations if it is not carried out within the following statutory periods:
1. Forty years for an offense for which the pronounced sentence is death, life imprisonment, or imprisonment for not more than ten years;
2. Thirty years for an offense for which the pronounced sentence is imprisonment for not less than three years but not more than ten years;
3. Fifteen years for an offense for which the pronounced sentence is imprisonment for not less than one year but not more than three years;
4. Seven years for an offense for which the pronounced sentence is imprisonment for less than one year, short-term imprisonment, or a fine.
The statutory periods provided for in the preceding paragraph shall commence from the day judgment becomes final but if rehabilitative measures precede the execution of criminal punishment, the statutory period shall commence from the completion date of implementing rehabilitative measures.
Article 85
The period of limitation of execution shall be interrupted by the execution of punishment. The same shall apply when the period is interrupted and the execution cannot be continued due to the following conditions:
1. The execution is interrupted according to law.
2. The criminal has escaped and been put on the wanted list or has escaped during the period of execution and as a result the execution cannot be continually carried on.
3. The criminal is subjected to restriction of freedom on another legal reason.
When the cause for interruption continues to exist and the period of this interruption has reached one-third of the period prescribed in paragraph 1 of Article 84, the cause of interruption shall be considered to have vanished.
The period of limitation of the first paragraph shall commence from the day when the cause of interruption vanishes and shall be counted together with the pre-interruption period.
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