No Support JavaScript

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

Print Time:2024/11/22 08:31
:::

Chapter Law Content

Title: Criminal Code of the Armed Forces CH
Category: Ministry of National Defense(國防部)
Part Two Special Provisions
Chapter Ⅰ: OFFENCES AGAINST THE ALLEGIANCE TO THE NATION
Article 14
A person who commits an overt act with intent to destroy the organization of the State, seize State territory, change the Constitution, or overthrow the Government by strong-arm means or threatening with force shall be punished with imprisonment for not less than ten years; an ringleader shall be punished with imprisonment for not less than ten years, death or imprisonment for life.
A person who prepares to commit an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than one year and not more than seven years.
Article 15
A person who conspire to commit with violence an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than seven years or for life; an ringleader shall be sentenced to death or imprisonment for life.
A person who prepares or conspires to commit an offence specified in the preceding paragraph shall be sentenced to imprisonment for not less than three years and not more than ten years.
Article 16
A person who incites the soldier in active service to riot by writing, drawing, speech and any other means specified in paragraph Ⅰof Article 14 shall be sentenced to imprisonment for not less than seven years.
Article 17
A person who commits an offence specified in one of the following circumstances shall be punished with death or imprisonment for life:
1. Giving the military facilities or the materials for military use to an enemy in paragraph Ⅰof Article 58 or paragraph Ⅰof Article 59.;
2. Committing an act of espionage for an enemy or rendering aid to an enemy?s spy;
3. Semaphoring or, sending or transmitting telecommunication to an enemy;
4. Rendering aids to an enemy to invade a military post, an airport, a naval base, or any other military places or structures; or to guide an enemy or to indicate the geographical features for an enemy;
5. Committing an act with violence, threats, or intimidation to a commander or a senior officer to surrender to an enemy;
6. Seizing or letting go the captured vessels, aircrafts, or captives for an enemy.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be punished with imprisonment for not less than one year and not more than seven years; if the offence committed in the three preceding paragraphs was slight, the punishment may be reduced.
Article 18
A person who profited an enemy intentionally, and commited an offence specified in one of the following circumstances shall be punished with death or imprisonment for life:
1. Destroying,or damaging the military facilities and materials for military use in paragraph Ⅰof Article 58 or paragraph Ⅰof Article 59;
2. Obstructing the way in the land and water, or destroying, damaging the bridge, beacon, signs or other things to interfere the military traffic;
3. The commander leads the troups not to go to the assigned defensive place or causes the troups to have unauthorized departure from the arranged deployment;
4. Dispersing the troups or tempting the troups to disorder so that interference the communication and gathering;
5. An act of causing the lack of arms, ammunition, food, coverlets and clothes and other important materials for military use;
6. Committing an offence specified in paragraph Ⅰor paragraph Ⅳ of Article 16.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be sentenced to imprisonment for not less than six months and not more than five years; if the offence committed specified in the three preceding paragraphs was slight, the punishment may be reduced.
Article 19
A person who renders military aids to an enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China with means excluding the two preceding articles shall be sentenced to imprisonment for ten years, death or imprisonment for life.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who prepares or conspires to commit an offence specified in paragraph Ⅰshall be sentenced to imprisonment for not less than six months and not more than five years; if the offence committed specified in the three preceding paragraphs was slight, the punishment may be reduced.
Article 20
A person who discloses or delivers a document, plan, information, electromagnetic record, or other things of a secret nature concerning the defence of the Republic of China shall be punished with imprisonment for not less than three years and not more than ten years. That if he committed the offence in wartime shall be punished with imprisonment for not less than seven years or imprisonment for life.
A person who discloses or delivers to an enemy the military secrets in the preceding paragraph shall be punished with death or imprisonment for life.
An attempt to commit an offence specified in one of the two preceding paragraphs is punishable.
A person who commits the offence unpremeditatedly in the preceding paragraph shall be punished with imprisonment for not less than three years, detention, or a fine of not more than 300,000 yuan. That if he committed the offence in wartime shall be punished with imprisonment for not less than one year and not more than ten years.
An attempt to commit an offence specified in paragraph Ⅰor Ⅱ shall be punished with imprisonment for not less than five years.
Article 21
A person who discloses or delivers military confidential information in the preceding paragraph which he had knowledge or possession because of his official position may be punished for such an offence increased by one second.
Article 22
A person who searches out or gathers military confidential information in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than one year and not more than seven years. That if he committed the offence in wartime shall be punished with imprisonment for not less than three year and not more than ten years.
A person who searches out or gathers intelligence for an enemy in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than five years and not more than ten years. If he committed the offence in wartime shall be punished with imprisonment for not less than seven year or imprisonment for life.
An attempt to commit an offence specified in one of the two preceding paragraphs is punishable.
A person who commits the offence unpremeditatedly in the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
Article 23
A person who without authority enters into or remains in a strategic military point, naval base, military vessel, or other places or structures of the military with intent to search out or gather the military intelligence in paragraph Ⅰof Article 20 shall be punished with imprisonment for not less than three years and not more than ten years. That if he committed the offence in wartime may have the punishment prescribed for such offence increased by one second.
An attempt to commit an offence specified in the preceding paragraph is punishable.
A person who commits the offence premeditatedly in the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
Article 24
A person who surrenders to an enemy will be sentenced to death, imprisonment for life or imprisonment for not less than ten years. A person who derelicts duty and surrenders to an enemy will be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable.
A person who commits the offence premeditatedly in the preceding paragraph shall be punished with imprisonment for not less than six months and not more than five years.
Article 25
A person who is punished for voluntary surrendering may have the punishment reduced or remitted, and if such person confesses during investigation or trial, the punishment may be reduced.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)