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Chapter Law Content

Part 2 Specific Offenses
Chapter 2 Treason
Article 103
Any person colluding with a foreign state or its agent with intent that such state or other state start war against the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 104
Any person colluding with a foreign state or its agent with intent to subject territory of the Republic of China to such state or other state shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit and offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 105
Any citizen of the Republic of China serving in the armed forces of an enemy or joining the enemy’s fight with arms against the Republic of China or against an ally of the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 106
Any person during a war with a foreign state or while the war is about to start aids the enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than five years.
Article 107
Any person committing an offense specified in paragraph 1 of the preceding article under one of the following circumstances shall be sentenced to death or life imprisonment:
1. Surrendering armed forces to an enemy or surrendering, destroying, damaging, or otherwise rendering useless the following: strategic point, naval base, military post, military vessel or aircraft, or another military place or structure; arms, ammunition, money, provisions or other war materials for the use of the military of the Republic of China; bridge, railway, vehicle, electric wire, electric machine, telegraph station, or another thing used for transportation.
2. Recruiting for an enemy or inducing a person in the armed services to surrender to the enemy.
3. Inciting a person in the armed services to neglect his duty, desert, mutiny, or commit a breach of discipline.
4. Disclosing or delivering to the enemy a document, plan, information, or another thing of secret nature concerning a strategic point, naval base, military post, military vessel or aircraft, or military, naval, or aerial movement.
5. Committing an act of espionage for an enemy or rendering aid to an enemy spy.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 108
Any person during the war with a foreign state or while the war is about to start failing to deliver military supplies which he has undertaken by contract to deliver or delivering supplies not in conformity with the terms of the contract shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than one hundred fifty thousand dollars may be imposed.
Any person negligently committing an offense specified in the preceding paragraph shall be sentenced to imprisonment not less than two years, short-term imprisonment, or a fine of not more than thirty thousand dollars.
Article 109
Any person disclosing or delivering a document, plan, information, or another thing of a secrete nature concerning the defense of the Republic of China shall be sentenced to imprisonment for not less than one year but not more than seven years.
Any person disclosing or delivering to a foreign state or to its agent a document, plan, information, or another thing specified in the preceding paragraph shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Any person preparing or conspiring to commit an offense specified in paragraphs 1 and 2 shall be sentenced to imprisonment not more than two years.
Article 110
Any public official negligently disclosing or delivering to another a document, plan, information, or another thing specified in paragraph 1 of the preceding article, of which he has knowledge or possession because of his official position, shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine of not more than thirty thousand dollars.
Article 111
Any person prying or gathering a document, plan, information or another thing specified in paragraph 1 of Article 109 shall be sentenced to imprisonment not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than one year.
Article 112
Any person who without authority enters a strategic point, naval base, military vessel, or another place or structure of military importance, or remains there, with purpose to pries or gather a document, plan, information, or another thing specified in paragraph 1 of Article 109 shall besentenced to imprisonment not more than one year.
Article 113
Any person who makes a secret agreement with a foreign government or its agents without authorization in respect of any matter that requires a government mandate shall be sentenced to imprisonment for not more than five years, short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than five hundred thousand dollars may be imposed; life imprisonment or imprisonment for not less than seven years may be imposed to such person, if such agreement should cause damage to the Republic of China.
Article 114
Any person entrusted by the Government with the duty of conducting business with a foreign government who betrays his trust and causes injury to the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
Article 115
Any person who forges, alters, destroys, or conceals a document, plan, or another thing which is evidence of a right of the Republic of China to a foreign state shall be sentenced to imprisonment not less than five years but not more than twelve years.
Article 115-1
The offense set forth in this chapter shall also apply to offenses committed in Mainland China, Hong Kong, Macao, or any hostile foreign forces, or to the agents thereof. The offender who violates any provision of this chapter shall be punished in accordance with such provision.