Chapter 5 Penalty for Encumbering Election or Recall
Article 79
Whoever violates any provision of Subparagraph 1 of Article 49 shall be sentenced to a fixed term of imprisonment of not less than seven years; whoever violates any provision of Subparagraph 2 of Article 49 shall be sentenced to a fixed term of imprisonment of not less than five years; whoever violates any provision of Subparagraph 3 of Article 49 shall be punished in accordance with penal provisions in the relevant laws.
Article 80
Whoever takes advantage of a campaign, electioneering, or petitioning in order to gather a mob or damage social order through insurrection shall be sentenced to a fixed term of imprisonment of not less than seven years, and the persons who plan or carry out such actions shall be sentenced to life imprisonment or a fixed term of imprisonment of not less than ten years.
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
Article 81
Whoever hinders civil servants who are performing their official duties in accordance with law in in order to intentionally harm an election or recall shall be sentenced to a fixed term of imprisonment of not more than five years.
Whoever commits any offense specified in the preceding paragraph that results in the death of a civil servant shall be sentenced to life imprisonment or a fixed term of imprisonment of not less than seven years; whoever causes severe injury to a civil servant shall be sentenced to a fixed term of imprisonment of not less than three years and not more than ten years.
Article 82
The onsite accomplices of persons who gather a mob and commit any offense specified in the preceding Article shall be sentenced to a fixed term of imprisonment or penal servitude of not more than three years or shall be imposed a fine of not more than NT$300,000, and the persons who plan or carry out such actions and the persons who commit violent acts as coercion shall be sentenced to a fixed term of imprisonment of not less than three years and not more than ten years.
If an offense specified in the preceding paragraph results in the death of a civil servant, the persons who plan or carry out such actions and persons who commit violent acts as coercion shall be sentenced to life imprisonment or a fixed term of imprisonment of not less than seven years; persons who cause severe injury to a civil servant shall be sentenced to a fixed term of imprisonment of not less than five years and not more than twelve years.
Article 84
Whoever bribes, or delivers or arranges to deliver property or other undue benefits to a candidate or a person qualified to be a candidate so that they will agree to abandon their campaign or take part in certain campaign activities shall be sentenced to a fixed term of imprisonment of not less than three years and not more than ten years, and shall be imposed a fine of not less than NT$2,000,000 and not more than NT$20 million.
Candidates or persons qualified to be candidates who demand a bribe, accept a bribe, or accept other undue benefits in order to abandon their campaign or to take part in certain campaign activities shall also be punished in accordance with the provisions of the preceding paragraph.
Whoever plans to commit any offense specified in the preceding two paragraphs shall be sentenced to a fixed term of imprisonment of not more than one year.
Any bribe or property that is prepared by, delivered by, or arranged to be delivered by a person who violates any provision of the previous paragraph or Paragraph 1 shall be confiscated regardless of whether the said bribe or property belongs to the person who commits the offense.
Article 85
Whoever commits any of the following acts of violence or coercion, or who uses other illegal means, shall be sentenced to a fixed term of imprisonment of not more than five years:
1. Hindering the campaign of another candidate or compelling them to abandon their campaign
2. Hindering others who are signing a joint-signature petition for a prospective candidate in accordance with law
3. Hindering others who raise or agree with a recall proposal, or compelling others to raise or agree with a recall proposal
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
Article 86
Whoever induces a qualified voter to abstain from voting or to exercise their right to cast their vote for an agreed-upon purpose through bribery or through delivery of or arrangements to deliver property or other undue benefits shall be sentenced to a fixed term of imprisonment of not less than three years and not more than ten years and shall be imposed a fine of not less than NT$1,000,000 and not more than NT$10 million.
Persons planning to commit any offense specified in the preceding paragraph shall be sentenced to a fixed term of imprisonment of not more than one year.
Any bribe or property that is prepared, delivered, or arranged to be delivered shall be confiscated regardless of whether the said bribe or property belongs to the person who commits the offense.
Whoever commits an offense specified in Paragraphs 1 or 2 and who surrenders within six months from the event shall have their penalty reduced or shall not be subject to penalty; the aforementioned person shall not be subject to penalty if a candidate is found to be a principal offender or an accomplice thereupon.
Whoever commits any offense specified in Paragraphs 1 or 2 and confesses during the course of the investigation shall have their sentence reduced; the aforementioned person shall have their sentence reduced or shall not be subject to penalty if a candidate is found to be a principal offender or an accomplice thereupon.
Article 87
Whoever commits any of the following acts shall be sentenced to a fixed term of imprisonment of not less than one year and not more than seven years, and shall be imposed a fine of not less than NT$1,000,000 and not more than NT$10,000,000:
1. Inducing members of an association or institution to abstain from voting or exercise their right to cast their vote for an agreed-upon purpose through bribery or through delivery of or arrangements to deliver property or other undue benefits disguised as a donation
2. Inducing a signer of a joint-signature petition to sign or not sign for a certain prospective candidate through bribery or through delivery of or arrangements to delivery property or other undue benefits
3. Inducing a person who proposed or agreed to a recall to not raise or agree to the recall proposal, or to raise or agree to a certain recall proposal through bribery or through delivery of or arrangements to delivery property or other undue benefits
Whoever plans to commit any offense specified in the preceding paragraph shall be sentenced to a fixed term of imprisonment of not more than one year.
Any bribe or property that is prepared, delivered, or arranged to be delivered shall be confiscated regardless of whether the said bribe or property belongs to the person who commits the offense.
Article 88
Whoever commits any offense specified in Paragraphs 1 and 2 of Article 84, Paragraph 1 of Article 86, or any subparagraph of Paragraph 1 of the preceding Article for personal gain shall be sentenced to a fixed term of imprisonment of not less than three years and not more than ten year and shall be imposed a fine of not less than NT$1,000,000 and not more than NT$10 million.
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
Article 88-1
Whoever gambles on the outcome of an election or recall in a public place or a place open to the public shall be sentenced to a fixed term of imprisonment of not more than six months, short-term detention, or shall be imposed a fine of not more than NT$100,000.
This shall also apply to gambling on the outcome of an election or recall via telecommunication equipment, electronic communication, the internet, or using any other similar means.
The provisions of the preceding two paragraphs shall not apply to gambling on items provided for temporary amusement.
Whoever provides a venue for engaging in gambling or convene other to engage in gambling with the intention of making a profit on the outcome of an election or recall shall be sentenced to a fixed term of imprisonment of not more than five years and shall be imposed a fine of not more than NT$500,000.
Article 89
From the day public notice of internal nominations for president and vice president within political parties is issued through the period specified for candidate nomination, persons internally nominated by a political party who commit any offense specified in Paragraphs 1 or 2 of Article 84 shall be punished in accordance with the provisions of that Article; whoever commits any offense against a qualified voter specified in Paragraph 1 of Article 86 shall be punished in accordance with the provisions of that Article.
Persons planning to commit any offense specified in the preceding paragraph shall be sentenced to a fixed term of imprisonment of not more than one year.
Any bribe or property that is prepared, delivered, or arranged to be delivered shall be confiscated regardless of whether said the bribe or property belongs to the person who commits the offense.
Whoever commits any offense specified in Paragraphs 1 or 2 and who surrender within six months from the event shall have their penalty reduced or shall not be subject to penalty; the aforementioned person shall not be subject to penalty if the principal offender or an accomplice is found thereupon.
Whoever commits an offense specified in Paragraphs 1 or 2 and confess during the course of the investigation shall have their sentence reduced; the aforementioned person shall have their sentence reduced or shall not be subject to penalty if a principal offender or an accomplice is found thereupon.
Whoever commits any offense specified in Paragraph 1 for personal gain shall be punished in accordance with the preceding Article.
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
The provisions of Article 100 shall apply mutatis mutandis to the internal nomination of candidate for president and vice president within political parties.
Political parties shall issue public notice of the matters related to its internal nominations and specify the hours, procedures, and eligibility of candidates and person qualified to vote within the political party in accordance with the provisions prescribed in Paragraph 1. Political parties shall submit the public notice of internal nomination matters to the Ministry of Interior for future reference within five days.
Article 90
Whoever intentionally disseminates rumors or spread falsehoods by text, picture, audio, video, speech, or by any other means for the intentional purpose of causing a candidate to be elected or to not be elected, or causing the recall of a person subject to recall to pass or to be rejected and thus causing harm to the public or others shall be sentenced to a fixed term of imprisonment of not more than five years.
Whoever commits any offense in the preceding paragraph by disseminating, broadcasting or distributing by any other means deep-fake voice, image, or electronic recordings of candidates in the election, the primary persons who propose a recall, or persons subject to recall shall be sentenced to a fixed term of imprisonment of not more than seven years.
The term of imprisonment shall be aggravated by a half for persons who commit any offense in the preceding two paragraphs for personal gain and a fine may be imposed of not less than NT$2 million and not more than NT$10 million.
Article 90-1
The heads of central and local government agencies at all levels, their agents, and persons under their instruction who violate Article 46 shall be sentenced to a fixed term of imprisonment of not more than three years.
Persons who have received a final conviction and sentence for committing an offense specified in the preceding paragraph shall be responsible for expenses incurred by the agency to which they belong; if two or more persons jointly commit an offense specified in the preceding paragraph, they shall be jointly liable.
Article 91
Whoever violates Paragraph 2 of Article 59 or Paragraph 3 of Article 74, or who commits any act specified in any subparagraph of Paragraph 1 of Article 61 and who does not leave when ordered shall be sentenced to a fixed term of imprisonment or penal servitude of not more than two years, or shall be imposed a fine of not more than NT$200,000.
Article 92
If any of the following occurs during an election or recall, those present who aid or abet such actions shall be sentenced to a fixed term of imprisonment or penal servitude of not more than one year, or shall be imposed a fine of not more than NT$100,000; persons who plan or carry out the following shall be condemned to a fixed term of imprisonment of not more than five years:
1. A mob assembles and surrounds the government agency workplace, office, or residence of persons who have signed a joint-signature petition, are a prospective candidate by way of joint-signature petition, are subject to recall, are the proposed a recall, or agreed with a recall.
2. A mob assembles and uses violence, coercion or other illegal means to harm persons who have signed a joint-signature petition, are a prospective candidate by way of joint-signature petition, are a candidate, are subject to recall and are performing their duties, proposed a recall, or agreed with and are carrying out a recall
Article 93
Whoever removes their ballot for an election or recall from the polling station shall be sentenced to a fixed term of imprisonment or penal servitude of not more than one year or shall be imposed a fine of not more than NT$15,000.
Whoever causes a disturbance or pressures others to vote or not vote within thirty meters of a polling station and who continue to do so after being warned by security personnel shall be sentenced to a fixed term of imprisonment or penal servitude of not more than one year, or shall be imposed a fine of not more than NT$15,000.
Article 93-1
Whoever violates any provision of Paragraph 3 of Article 61 shall be imposed a fine of not less than NT$30,000 and not more than NT$300,000.
Whoever violates any provision of Paragraph 4 of Article 61 shall be sentenced to a fixed term of imprisonment of not more than five years and shall be imposed a fine of not more than NT$500,000.
Article 94
Whoever for the purpose of harming or disturbing voting or ballot counting withholds, destroys, conceals, replaces or seizes ballot boxes, ballots for an election or recall, the list of qualified voters, voting report forms, ballot counting report forms, ballot counting statistics, or markers used for voting shall be sentenced to a fixed term of imprisonment of not less than five years.
Article 96
Whoever violates ate any provision of Article 42, Article 43, Paragraphs 1 or 3 of Article 48, or Article 72 shall be imposed a fine of not less than NT$100,000 and not more than NT$1 million.
Broadcast television stations that violate Paragraphs 1, 2, or 3 of Article 46 shall be imposed a fine of not less than NT$200,000 and not more than NT$2 million.
Whoever violates any provision of Paragraph 2 of Article 47 regarding the matters or contents to be specified in advertisements, or provisions of Paragraph 5 of Article 47-3 shall be imposed a fine of not less than NT$200,000 and not more than NT$2 million or twice the cost of the advertisement.
Whoever violates any provision of Article 47-1 or Paragraphs 1 or 2 of Article 47-2 regarding the content and items of retained records of advertisements shall be imposed a fine of not less than NT$200,000 and not more than NT$10 million, or twice the cost of the advertisement.
Whoever violates Paragraph 4 of Article 47-3 and who fails to stop broadcasting, restrict browsing, or remove or take down a website shall be imposed a fine of not less than NT$200,000 and not more than NT$10 million and shall be ordered to rectify the situation within a certain period of time. If the situation is not rectified within the specified period, the penalty shall be successively imposed.
Penalties for persons who violate any provision of Article 50 or Article 52 shall be imposed in accordance with the following provisions; in addition, penalties for persons who violate Article 50 and refuse to desist shall be imposed successively:
1. Political parties, candidates, the primary person who proposed a recall, persons subject to recall, persons in their employ, or their agents: a fine of not less than NT$200,000 and not more than NT$2 million
2. Persons other than those mentioned in the preceding subparagraph: a fine of not less than NT$100,000 and not more than NT$1 million
Agents or persons in the employ of candidates, the primary person who proposed a recall, or persons subject to recall who violate any provision of Article 42, Paragraphs 1 or 2 of Article 48, Article 50, or Article 52 shall be imposed a penalty alongside the candidate, primary person who proposed a recall, or person subject to recall.
Political parties, juridical persons, and unincorporated associations that violate any provision of Paragraph 1 or 3 of Article 48 shall, in accordance with Paragraph 1, be imposed a penalty alongside their representative or agents; those that violate any provision of Article 50 or Article 52 shall, in accordance with Paragraph 6, be imposed a penalty alongside their representatives or agents.
Whoever, in violation of Subparagraph 2 of Article 50, commissions a campaign or recall advertisement to be disseminated by a newspaper, magazine, broadcast television station, internet service provider or other media provider, or who commissions a newspaper to disseminate promotional materials shall be imposed a penalty alongside the person who accepted the commission, in accordance with the provisions of Paragraph 6. If the commission was made or accepted by a political party, juridical person or unincorporated association, its representatives or agents shall be punished.
Whoever places anything other than a ballot for election or recall into a voting box, or who intentionally tears up their ballot shall be imposed a fine of not less than NT$5,000 and not more than NT$50,000.
Article 97
Persons who surrender within three months of committing an offense prescribed in Paragraph 2 of Article 84 or Paragraph 1 of Article 143 of the Criminal Code shall not be subject to penalty; persons who surrender after the said three-month period shall have their penalty reduced or shall not be subject to penalty; persons who confess during an investigation or trial shall have their penalty reduced.
Whoever maliciously implicates other people or fabricates details as part of the confession specified in the preceding paragraph shall be punished in accordance with the provisions governing false accusations in the Criminal Code.
Article 98
If a candidate recommended by a political party receives a final conviction and sentence for committing any offense prescribed in Articles 80 to 82, Paragraphs 1 or 2 of Article 84, Subparagraph 1 of Paragraph 1 of Article 85 or the attempt thereof, Paragraph 1 of Article 86, Subparagraph 1 of Paragraph 1 of Article 87, or Article 94, or for violating the Criminal Code by committing any offense prescribed in Article 142 or Articles 145 or 147, the recommending political party shall be imposed a fine of not less than NT$5 million and not more than NT$50 million. This shall also apply to persons who have been internally nominated by a political party and have received a final conviction and sentence for committing any offense prescribed in Paragraphs 1 or 2 of Article 84.
If a candidate recommended by a political party targets another candidate or a person who has been internally nominated by a political party when violating the Criminal Code by committing any offense prescribed in Article 271, Article 277, Article 278, Article 302, Article 302-1, Article 304, Article 305 or Articles 346 to 348 or its special laws and has received a final conviction and sentence, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 99
If an offense specified in this Chapter is prescribed a more severe penalty in other laws, such provisions shall apply.
Workers handing election and recall affairs who make use of the power, opportunities, or manner of their position to intentionally commit any offense specified in this Chapter shall have their penalty increased by a half.
Whoever commits any offense prescribed in this chapter or the offense of interference with voting prescribed in Chapter 6 of the Specific Offenses of the Criminal Code shall be sentenced to a fixed term of imprisonment and shall be deprived of their civil rights.
Article 100
For the election or recall of the president and vice president, the Prosecutor-General of the Supreme Prosecutors Office shall direct prosecutors at all levels to divide the area into districts to inspect and investigate, to actively report criminal cases that relate to the disruption of the election or recall, to accept accusations, complaints, and confessions made by government agencies, associations or individuals, to investigate immediately, and to handle all matters necessary for such cases.
Prosecutors shall command the judicial police to conduct the investigation of the cases referenced in the preceding paragraph according to the provisions of the Code of Criminal Procedure and the Judicial Police Dispatching Act.
Article 101
The court hearing the case for an offense prescribed in this Chapter or the offense of interference with voting prescribed in Chapter 6 of the Special Offenses of the Criminal Code shall be concluded within six months.