Chapter 5 Penalty for Encumbering Election or Recall
Article 93
Whoever violates any provision of Subparagraph 1 of Article 55 shall be sentenced to a fixed term of imprisonment of not less than seven years; whoever violates any provision of Subparagraph 2 of Article 55 shall be sentenced to a fixed term of imprisonment of not less than five years; whoever violates any provision of Subparagraph 3 of Article 55 shall be punished in accordance with penal provisions in the relevant laws.
Article 94
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 95
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 96
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 97
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 million 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, 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 98
Whoever commits any of the following acts of violence or coercion, or whoever 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 raise or sign a joint-signature petition for a recall proposal, or compelling others to raise a recall proposal or sign a joint-signature petition for a recall proposal
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
Article 98-1
Whoever fraudulently transfers their household registration to obtain the right to vote and votes for the purpose of electing a certain candidate shall be sentenced to a fixed term of imprisonment of not more than five years.
Whoever fraudulently transfers their household registration to obtain the right to vote and votes for the purpose of influencing a recall shall be sentenced to a fixed term of imprisonment of not more than five years.
An attempt to commit any offense specified in the preceding two paragraphs shall also be punished.
Article 99
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 million 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 100
Whoever through bribery or through delivery of or arrangements to deliver property or other undue benefits induces a qualified voter to abstain from voting or to exercise their right to cast their vote for an agreed-upon purpose in an election for chairperson and vice chairperson of a special municipality or county (city) council, or the chairperson and vice chairperson of a township (city) or indigenous district council 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 million and not more than NT$20 million.
Qualified voters specified in the preceding paragraph who solicit and accept or arrange to accept property or other undue benefits in order to abstain from voting or to exercise their right to cast their vote for an agreed-upon purpose shall be punished in accordance with the provisions of the preceding paragraph.
Persons planning 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, 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 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 101
From the day public notice of internal nominations for the different public officials detailed in Article 2 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 97 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 99 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 as part of an offense specified in the previous two paragraphs 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 any offense specified in Paragraphs 1 or 2 and who confesses during the course of the investigation shall have their sentence reduced; the aforementioned person shall not be subject to penalty if the 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 Article 103.
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
The provisions of Article 105 shall apply mutatis mutandis to the internal nomination of candidates for public officials 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 102
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 million and not more than NT$10 million:
1. Inducing members of an association or institution within the electoral district 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 persons with the right to raise a recall proposal or the right to sign a joint-signature petition to not raise a recall proposal or exercise their right to raise a recall proposal or sign a joint-signature petition for agreed-upon purpose through bribery or through delivery of or arrangements to deliver 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 103
Whoever commits any offense specified in Paragraphs 1 or 2 of Article 97, Paragraph 1 of Article 99, Paragraphs 1 or 2 of Article 100 or any subparagraph of Paragraph 1 of Article 102 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 million and not more than NT$10 million.
Any attempt to commit any offense specified in the preceding paragraph shall also be punished.
Article 103-1
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 104
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 104-1
The heads of central and local government agencies at all levels, their agents, and persons under their instruction who violate Article 50 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 105
Whoever violates Paragraph 2 of Article 63 or Paragraph 2 of Article 88, or who commits any act specified in any subparagraph of Paragraph 1 of Article 65 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 106
Whoever violates any provision of Paragraph 3 of Article 65 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 65 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 107
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 sentenced 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 are candidates, are subject to recall, are the primary person who proposed a recall, signed a joint-signature petition, or their personnel
2. A mob assembles and uses violence, coercion or other illegal means to harm persons who are candidates engaging in election activities, are subject to recall and are carrying out their duties, are the primary person who proposed a recall, signed a joint-signature petition, or personnel carrying out the recall
Article 108
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 109
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 110
Whoever violates any provision of Article 44, Article 45, Paragraphs 1 or 2 of Article 52, or Paragraphs 2 or 3 of Article 86 regarding the establishment of offices and their personnel, the number of offices, quotas or eligibility shall be imposed a fine of not less than NT$100,000 and not more than NT$1,000,000.
Broadcast television stations that violate Paragraphs 1, 2, or 3 of Article 49 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 51 regarding the matters or contents to be specified in advertisements, or provisions of Paragraph 5 of Article 50-3 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 51-1 or Paragraphs 1 or 2 of Article 51-2 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 51-3 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 53 or Article 56 shall be imposed in accordance with the following provisions; in addition, penalties for persons who violate Article 56 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 44, Paragraphs 1 or 3 of Article 52, Article 53, Article 56, or Paragraphs 2 or 3 of Article 86 regarding the establishment of offices and their personnel, the number of offices, quotas or eligibility 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 52 shall, in accordance with Paragraph 1, be imposed a penalty alongside their representative or agents; those that violate any provision of Article 53 or Article 56 shall, in accordance with Paragraph 6, be imposed a penalty alongside their representatives or agents.
Whoever, in violation of Subparagraph 2 of Article 56, commissions a campaign or recall advertisement to be disseminated by a newspaper, magazine, broadcast television station, internet service provider or any 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 111
Persons who surrender within three months of committing an offense prescribed in Paragraph 2 of Article 97 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 112
If a candidate recommended by a political party receives a final conviction and sentence for committing any offense prescribed in Article 94 to Article 96, Paragraphs 1 or 2 of Article 97, Subparagraph 1 of Paragraph 1 of Article 98 or the attempt thereof, Paragraph 1 of Article 98-1 or the attempt thereof, Article 99, Subparagraph 1 of Paragraph 1 of Article 102 or the attempt thereof, or Article 109, 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$500,000 and not more than NT$5 million in accordance with the final number of candidates. 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 97.
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 113
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 aggravated 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 114
If an in-service civil servant who has already registered as a candidate commits any of the following acts, the election commission shall, after the circumstance is confirmed through investigation, notify the competent authority in charge of the civil servant to suspend them from their duties immediately and handle the case in accordance with law:
1. Refusal to provide assistance or dispatch personnel at the request of the election commission without any due reason
2. Interference in the personnel or operating affairs of the election commission
3. Illegitimate use or embezzlement of public money designated as campaign funds
4. Requiring a subordinate association or an association under their direction or supervision and the principal of the association involved to support them in their campaign
5. Use of their authority to transfer personnel without cause and to make advanced arrangements for campaign personnel
Article 115
For the election or recall of legislators, the Prosecutor-General of the Supreme Prosecutors Office shall direct prosecutors at all levels; for the election and recall of local public officials, the Prosecutor-General of the Prosecutors Office with jurisdiction shall direct those responsible for inspection 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 surrenders 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 116
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.
Article 117
Electees who when registering to participate in the election to obtain their respective status as a public official commit an offense specified in Paragraphs 1 to 3 of Article 97, Paragraphs 1 or 2 of Article 99, Subparagraph 1 of Paragraph 1 of Article 102 or the attempt thereof, or Article 103, or local representative electees who have committed an offense specified in Paragraphs 1 to 3 of Article 100, and have been sentenced to a fixed term of imprisonment without probation shall have their position or powers suspended on the day of the final judgement.
If the judgement is overturned, the person whose position or powers were suspended in accordance with the provision of the preceding paragraph shall resume their position until the expiration of their term of office.