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

Print Time:2024/11/25 08:03
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Chapter Law Content

CHAPTER V PENALTIES
Article 94
A citizen judge or an alternate citizen judge who demands, promises to take, or takes a bribe or other improper benefits for refraining from exercising his or her duties or for exercising such duties in a certain manner shall be sentenced to imprisonment for not less than 3 years but not more than 10 years; in addition thereto, a fine of not more than NT$ 2 million may be imposed.
The preceding paragraph also applies to a prospective citizen judge who, while yet to be appointed as a citizen judge or an alternate citizen judge, demands, promises to take, or takes a bribe or other improper benefit in advance for refraining from exercising his or her duties as a citizen judge or an alternate citizen judge or for exercising such duties in a certain manner, and performs such acts after becoming a citizen judge or an alternate citizen judge.
Where the accused turns himself or herself in after committing the crime under the preceding two Paragraphs and hands in all of the bribe or other improper benefits ex mero motu, his or her penalty shall be reduced or remitted; where the above led to other principal offenders or joint offenders being found, the accused shall have his or her penalty remitted.
An accused charged with a crime stipulated in Paragraphs 1 or 2 of this article who confessed during investigation may have his or her penalty reduced if he or she hands in all of the bribe or other improper benefits ex mero motu; where the above led to other principal offenders or joint offenders being found, the accused shall have his or her penalty reduced or remitted.
In the circumstance where the accused's committal of a crime stipulated in Paragraphs 1 or 2 of this article is found minor and the bribe or other improper benefits involved is no more than NT$ 50,000, his or her penalty shall be reduced.
Article 95
A person who offers, promises to give, or gives a bribe or other improper benefit to a citizen judge or an alternate citizen judge in exchange for an agreement that such a citizen judge or an alternate citizen judge would refrain from performing his or her duties or exercise the duties in a particular manner shall be sentenced to imprisonment for not less than one year and not more than seven years; in addition thereto, a fine of not more than NT$ 1 million may be imposed.
Where the accused who committed the crime stipulated in the preceding paragraph turns himself or herself in, the accused shall have his or her penalty remitted; where the accused confessed during investigation or trial, his or her penalty shall be reduced or remitted.
In the circumstance where the accused's committal of the crime stipulated in Paragraph 1 of this article is found minor and the bribe or other improper benefits involved is no more than NT$ 50,000, his or her penalty shall be reduced.
Article 96
A person who has committed a crime against a citizen judge or an alternate citizen judge, his or her spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of kinship, head of the house, or members of the house with the intention of causing the citizen judge or alternate citizen judge to refrain from exercising his or her duties or exercise his or her duties in a certain manner or taking revenge for his or her exercise of his or her duties, shall have his or her penalties be increased by up to one half.
Article 97
Where a person who is an incumbent citizen judge or an incumbent alternate citizen judge or once served as a citizen judge or an alternate citizen judge discloses the secrets of the Deliberation, he or she shall be sentenced to imprisonment for not more than one year, detention, or a fine of not more than NT$ 100, 000.
Unless otherwise provided by laws or regulations, where a person who is an incumbent citizen judge or an incumbent alternate citizen judge or once served as a citizen judge or an alternate citizen judge discloses the secrets that they came to know during the course of executing their duties, he or she shall be sentenced to imprisonment for not more than six months, detention, or a fine of not more than NT$ 80,000.
Article 98
Unless otherwise provided by laws or regulations, a person who commits one of the following acts shall be sentenced to imprisonment for not more than six months, detention, or a fine of not more than NT$ 80,000:
1. Disclosing secrets without a justifiable reason in violation with provisions of Paragraph 4 of Article 19, Paragraph 5 of Article 26, or Paragraph 1 of Article 40;
2. Attempting to acquire knowledge or possession of any matter that shall be kept confidential with an intention to influence the trial in violation of the provision of Paragraph 2 of Article
Article 99
A prospective citizen judge who commits one of the following acts may be imposed an administrative fine of not more than NT$ 30,000:
1. Intentionally filling in untruthful information in the survey form for a prospective citizen judge and submitting it to the court;
2. Being absent on the citizen judges selection date without a justifiable reason after having been lawfully summoned; or
3. Making a false statement or refusing to make a statement without a justifiable reason on the citizen judges selection date.
Article 100
A citizen judge or an alternate citizen judge who refuses to make an affirmation may be imposed with an administrative fine of no more than NT$ 30,000.
The same rule applies to an alternate citizen judge substituting a citizen judge who refuses to make another affirmation independently.
Article 101
An administrative fine of not more than NT$ 30,000 may be imposed to people found in one of the following circumstances without a justifiable reason:
1. A citizen judge who is absent on the trial date or on the date scheduled for the Final Deliberation;
2. A citizen judge who refuses to fulfill his or her duties by refusing to make a statement or by any other means; or
3. An alternate citizen judge who is absent on the trial date.
Article 102
A citizen judge or an alternate citizen judge who violates an order given by the presiding judge in respect of the maintenance of court order, thereby disrupts the court proceeding on the trial date, and continues to refuse to comply with such an order upon being warned, may be imposed with an administrative fine of not more than NT$ 30,000.
Article 103
A ruling imposing an administrative fine in accordance with the preceding four articles shall be made by a panel that consists of three judges in the Tribunal with citizen judges.
An interlocutory appeal may be filed against a ruling made pursuant to the preceding paragraph.
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