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

Print Time:2024/11/22 02:55
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Chapter Law Content

Part 1 General Provisions
Chapter 2 Criminal Responsibility
Article 12
A conduct is not punishable unless committed intentionally or negligently.
A negligent conduct is punishable only if specifically so provided.
Article 13
A conduct is committed intentionally if the actor knowingly and intentionally causes the accomplishment of the elements of an offense.
A conduct is considered an intentional commission of an offense if the actor is aware that the act will accomplish the elements of the offense and if such accomplishment is not against his will.
Article 14
A conduct is committed negligently if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances.
A conduct is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.
Article 15
A person who has a legal obligation and is able to prevent the results of the occurrence of an offense but has failed to do so shall be equal to have caused the occurrence of the result by his positive act.
If a conduct of a person causes the danger of producing the result of an offense, the person has a legal obligation to prevent the occurrence of the result.
Article 16
Criminal responsibility shall not be excused simply because of ignorance of the law unless there are rightful reasons for being unable to avoid the offense, but the punishment may be reduced according to circumstances.
Article 17
Increased punishment prescribed for a certain specified aggravated result of an offense shall not apply if the actor cannot be aware of the aggravated result of the offense.
Article 18
An offense committed by a person who is under fourteen years of age is not punishable.
Punishment may be reduced for an offense committed by a person more than the age of fourteen but under the age of eighteen
Punishment may be reduced for an offense committed by a person who was over the age of eighty.
Article 19
An offense is not punishable if it is committed by a person who is mentally disorder or defects and, as a result, is unable or less able to judge his act or lack the ability to act according to his judgment.
The punishment may be reduced for an offense committed for the reasons mentioned in the preceding paragraph or as a result of obvious reduction in the ability of judgment.
Provisions prescribed in the two preceding paragraphs shall not apply to a person who intentionally brings the handicaps or defects.
Article 20
Punishment may be reduced for an conduct committed by a person who is deaf and dumb.
Article 21
A conduct performed in accordance with law or order is not punishable.
A conduct performed by a public official in line of his duties or on orders of his superior is not punishable unless the official knows that such orders are against the law.
Article 22
A proper conduct performed in the course of due business is not punishable.
Article 23
A conduct performed by a person in defense of his own rights or the rights of another against immediate unlawful aggression thereof is not punishable. If the force of defense is excessive, punishment may be reduced or remitted.
Article 24
A conduct performed by a person to avert imminent danger, otherwise unavoidable to the life, body, freedom, or property of himself or of another is not punishable. If the measure of averting danger is excessive, punishment may be reduced or remitted.
The provisions of the preceding paragraph relating to averting danger to him do not apply to a person acting under an obligation resulting from his official or business duties.
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