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

Print Time:2024/11/23 20:03
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Chapter Law Content

Title: Sexual Assault Crime Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Penal Provisions
Article 44
An Offender who has been notified to appear at a designated place on a designated date to take compulsory treatment referred to in Paragraph 1 or Paragraph 2 of Article 37 of this Act but fails to appear on time shall be subject to imprisonment of no more than one(1) year, detention, or in lieu thereof or in addition thereto a fine of one hundred thousand New Taiwan dollars (NT$ 100,000).
Article 45
Anyone in violation of the confidentiality requirement prescribed in Paragraph 2 of Article 11 of this Act shall be subject to a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000).
Article 46
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on one who engages in any of the following misconducts without justification, and also shall order the said person to correct the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said person fails to correct the said misconduct(s) within the period designated by the said competent regulatory authority, the said competent regulatory authority might impose fines on the said person consecutively per violation, and also may order the said person to impose restrictions on access to certain content:
1. a violation of Paragraph 1 of Article 13 of this Act by a failure to spontaneously restrict the browsing of, or remove, any crime-related webpage materials;
2. a violation of Paragraph 2 of Article 13 of this Act by a failure to keep any crime-related webpage materials or any personal data or Internet usage records of a suspect for one hundred eighty (180) days, or by a failure to provide any of the abovementioned information or data to judicial or police agencies for investigations;
3. a violation of Paragraph 2 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 13 of this Act) by a failure to spontaneously restrict the browsing of, or remove, any crime-related webpage materials; or
4. a violation of Paragraph 2 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 2 of Article 13 of this Act) by a failure to keep any crime-related webpage materials or any personal data or Internet usage records of a suspect for one hundred eighty (180) days, or by a failure to provide any of the abovementioned data to judicial or police agencies for investigations.
Article 47
Anyone in violation of the confidentiality requirement prescribed in Paragraph 1 of Article 15, or Paragraph 2 or 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 15 of this Act), shall be subject to a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000).
Article 48
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on a broadcaster, or a television company, that is in violation of Paragraph 1 or Paragraph 3 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 or Paragraph 3 of Article 16 of this Act), and also shall order the said broadcaster or the said television company to correct the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said broadcaster or the said television company fails to correct the said misconduct(s) within the abovementioned designated period, the said competent regulatory authority may impose fines on the said broadcaster or the said television company consecutively per violation.
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on the person(s) in charge of an entity or an organization of any publicity materials, publications, Internet sources, or any other types of media, other than those mentioned in the preceding Paragraph, that is in violation of Paragraph 1 or Paragraph 3 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 or Paragraph 3 of Article 16 of this Act), and may confiscate any items mentioned in Article 16 of this Act, or order the said entity or the said organization to remove, take down, or adopt any other necessary measure for, certain content within a period designated by the said competent regulatory authority; provided that, if the said entity or the said organization fails to comply with the abovementioned order of the said competent regulatory authority within the abovementioned designated period, the said competent regulatory authority may impose fines on the person(s) in charge of the said entity or the said organization consecutively per violation until the said entity or the said organization fully complies with the abovementioned order of the said competent regulatory authority.
In the case where a Victim is dead, a competent regulatory authority may opt not to impose a fine prescribed in (either of) the two preceding Paragraphs, if the said competent regulatory authority, after taking into account and balancing the benefits of maintenance of law and order, maintenance of peace of mind among the public, clarification of misleading information, prevention of problem escalation, as well as other public interests of the society, finds the reporting or disclosure in dispute necessary.
Anyone, other than those mentioned in Paragraph 1 or Paragraph 2 of this Article, who violates Paragraph 4 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 4 of Article 16 of this Act), without justification, shall be subject to a fine between twenty thousand and one hundred thousand New Taiwan dollars.
If there is no person in charge of publicity material, a publication, an Internet source, or any other type of media, or if the person in charge (of the said publicity material, the said publication, the said Internet source, or the said other type of media) is not in a position to supervise the conduct of the responsible perpetrator, the fine prescribed in Paragraph 2 of this Article shall be imposed on the responsible perpetrator.
Article 49
Anyone who violates Paragraph 1 of Article 14 of this Act shall be subject to a fine between ten thousand and fifty thousand New Taiwan dollars imposed by the competent authority of the responsible special municipality or county (city).
Article 50
The competent authority of the responsible special municipality or county (city) shall impose a fine between ten thousand and fifty thousand New Taiwan dollars on an Offender referred to in Paragraph 1 or Paragraph 4 of Article 31 of this Act, an Offender placed on deferred prosecution for Sexual Assault Crime with a ruling of deferred prosecution that has become final, or a convicted defendant subject to (the application of) Paragraph 1 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 31, and Paragraph 1 or Paragraph 2 of Article 42 of this Act), any of which that engages in any of the following conducts, and shall order the said Offender or the said convicted defendant to perform full compliance (with the orders or requirements mentioned in the respective provisions of this Act) within a period designated by the said competent authority:
1. a failure or a refusal, without justification, by an Offender or a convicted defendant, who has been notified by the competent authority of the responsible special municipality or county (city), to present himself to take an assessment or take physical and psychological treatment, counseling, or education; or a failure by the said Offender or the said convicted defendant to spend sufficient hours on taking physical and psychological treatment, counseling, or education; or
2. a failure of full compliance with Paragraph 1, Paragraph 2, or Paragraph 4 of Article 41, or Paragraph 1 or Paragraph 2 of Article 42 of this Act, by an Offender or a convicted defendant who fails to regularly report to the police agencies, regularly register and update information with the police agencies, or bear with the visits conducted by the police agencies.
Anyone who shall bear with the visits conducted by the police agencies pursuant to Paragraph 5 of Article 41 of this Act (which requires the mutatis mutandis application of Paragraph 4 of Article 41 of this Act) shall be subject to the fine(s) prescribed in the preceding Paragraph if the said person engages in any conducts prescribed in Subparagraph 2 of the preceding Paragraph.
An abovementioned Offender or an abovementioned convicted defendant who has been ordered, under either of the two preceding Paragraphs, to perform full compliance (with the orders or requirements mentioned in the respective provisions of this Act) within a period designated by the abovementioned competent authority, but fails to perform his full compliance in time as ordered, shall be subject to imprisonment for up to one (1) year, detention, or in lieu thereof or in addition thereto a fine up to one hundred thousand New Taiwan dollars (NT$ 100,000).
Matters prescribed in Articles 31, 32, 41, and 42 of this Act shall nonetheless be enforced or carried out against an Offender or a convicted defendant following that the said Offender or the said convicted defendant served his imprisonment term in full and/or paid his fine(s) in full, imposed on him in accordance with (any of) the three preceding Paragraphs.
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