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Chapter Law Content

Title: Armed Forces Punishment Act CH
Category: Ministry of National Defense(國防部)
Chapter 2 Kinds of Punishment and wrongful acts
Article 12
Kinds of punishment for the Military Officer are as follows:
Subparagraph 1
Dismissal.
Subparagraph 2
Rank reduction.
Subparagraph 3
Demotion.
Subparagraph 4
Demerit.
Subparagraph 5
Salary Deduction.
Subparagraph 6
Punitive admonition.
Subparagraph 7
Restriction.
Article 13
Kinds of punishment for the Non-Commissioned Officer are as follows:
Subparagraph 1
Dismiss.
Subparagraph 2
Rank reduction.
Subparagraph 3
Demotion.
Subparagraph 4
Demerit.
Subparagraph 5
Salary Deduction.
Subparagraph 6
Penitent.
Subparagraph 7
Punitive admonition.
Subparagraph 8
Restriction.
Subparagraph 9
Duty Punishment.
Article 14
Kinds of punishment for the Enlisted Man are as follows:
Subparagraph 1
Demotion.
Subparagraph 2
Demerit.
Subparagraph 3
Salary Deduction.
Subparagraph 4
Penitent.
Subparagraph 5
Punitive admonition.
Subparagraph 6
Detain.
Subparagraph 7
Duty Punishment.
Subparagraph 8
Standing at Attention Position.
Article 15
The following wrongful acts which committed by the Active Service Men shall be punished:
Subparagraph 1
Irresponsible or AWOL in performing her/his duty.
Subparagraph 2
Disobeying the legal procedures in handling official affairs.
Subparagraph 3
Wrongful delivering an order or misunderstanding a written order.
Subparagraph 4
Having unfair rights and debts by way of using privilege and excuse.
Subparagraph 5
Over leave without proper reason or leaving the camp without asking for permission.
Subparagraph 6
Taking additional jobs or works illegitimately.
Subparagraph 7
Violating the political neutrality.
Subparagraph 8
Do not inform or inform wrongfully about the obligation of reporting back.
Subparagraph 9
Violating the non-disclosure regulations.
Subparagraph 10
Not complying with the regulations of storage, purchase, collection, transportation, apportion of public property or manipulation, maintenance of equipment, installation and lead to damages.
Subparagraph 11
Assaulting, brawls, and making trouble.
Subparagraph 12
Driving the motor vehicle without license or drunk driving.
Subparagraph 13
Enforcing sexual abuse, sexual harassment, or sexual bully, and the results of the investigation verifies the truth of the matters.
Subparagraph 14
Other wrongful acts violating the law and rules which was already delivered to the Legislative Yuan for future reference or issued by the Ministry of National Defense.
Article 16
Paragraph 1
The periods of prescription of punishment are extinguished by expiration of the following time:
Subparagraph 1
Dismissal: ten years.
Subparagraph 2
Rank reduction:eight years.
Subparagraph 3
Demotion:seven years.
Subparagraph 4
Demerit:five years.
Subparagraph 5
Salary Deduction:three years.
Subparagraph 6
Penitent:one year.
Subparagraph 7
Punitive admonition:two years.
Subparagraph 8
Duty Punishment, Restriction, and Detain:three months.
Subparagraph 9
Standing at Attention Position:one month.
Paragraph 2
The periods specified in the preceding paragraph shall commence upon the wrongful act did, except where the consequence of such act occurs at a later day, in which case the period shall commence upon the consequence occurs.
Paragraph 3
Where a punishment is annulled by reason of the administrative appeal, administrative proceeding or other remedial proceedings, and makes it necessary to render an alternative punishment, the period specified in the first Paragraph of this article shall commence upon the annulment of the original punishment is finalized.
Paragraph 4
The period of prescription of punishment is interrupted if the process of punishment cannot commence because of natural disasters, unavoidable accidents or by operation of law.
Paragraph 5
Where the period of prescription is interrupted in pursuance of the preceding paragraph, the time that begins following the day on which the cause for such interruption ceases shall be added to the period which had elapsed prior to such interruption.
Article 17
Dismissal. Military Officers and Non- Commissioned Officers who are in addition to dismissal from the incumbent office, all appointments are suspended for a period of no less than one year and no more than five years.
Article 18
Rank reduction. Military Officers and Non-Commissioned Officers who are in addition to reducing one class for the change of appointment from the incumbent office and are suspended the appointment for a period of no less than one year and no more than three years.
Article 19
Demotion. One who is punished shall be demoted one rank from the incumbent pay scale rank when punished for the periods of no less than three months and no more than one year. The pay scale shall be recalculated when the term is expired.
Article 20
Paragraph 1
Demerit is classified into minor demerit and major demerit.
Paragraph 2
Three minor demerits are considered as one major demerit, Military Officers and Non-Commissioned Officers who get three major demerits within one year shall be dismissed, and the disposition of when the Volunteer Enlisted Man who get three major demerits within one year, her/his start military service approval shall be rescind.
Article 21
Salary Deduction. One who is punished shall be deducted not less than ten percent and not more than thirty percent of her/his monthly salary and the period shall be not less than one month and not more than six months.
Article 22
Paragraph 1
Repentance. One who is punished shall be punished in the repentance room, and shall not go out of the camp, except for battle training or on business duty, and the period of repentance shall be not less than one day and not more than fifteen days.
Paragraph 2
The regulation of establishment, the end of training work, the educations, communication, qualification of the administrator, distribution of duty, evaluation and other relevant matters, shall be enacted by the Ministry of National Defense.
Article 23
Punitive admonition. One who is punished shall be made by writing or verbally.
Article 24
Restriction. One who is punished shall be self-reflection on regular rest, vacations, or holidays, and be prohibited from going out of the military camp without permission granted by the authorized superior, and the period of disciplinary measures shall be not less than one day and not more than ten days.
Article 25
Grounded. One who is punished shall be received necessary education on regular rest, vacations, or holidays, and be prohibited from going out of the military camp without permission granted by authorized superior and the period of grounded shall be not less than one day and not more than ten days.
Article 26
Duty Punishment. One who is punished shall be on duty, which as public service or armed forces, on regular rest, vacations, or holidays, and the period of duty punishment shall be not less than one day and not more than ten days and the maximum duty punishing time per day is limited to six hours.
Article 27
Standing at Attention. One who is punished shall be enforced to stand at attention position, and the period of standing at attention shall be limited to two hours.