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

Print Time:2024/11/22 10:41
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Chapter Law Content

Title: Referendum Act CH
Category: Central Election Commission(中央選舉委員會)
Chapter 5 Penal Provisions
Article 33
Anyone who enforces or intimidates civil servants performing their duty according to law for the purpose of encumbering the referendum shall be condemned to fixed-term imprisonment of not more than 5 years.
Anyone who commits the crime prescribed in the preceding Paragraph and thus causes the death of a civil servant shall be condemned to life imprisonment or fixed-term imprisonment of not less than 7 years; if it causes severe injury to the civil servant, the person shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
Article 34
For those who gather a mob and commit the crime prescribed in the preceding Article, the accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than 3 years or fined a sum of NT$300,000, and the principal plotter and the persons who conduct the violation or intimidation shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
If the crime prescribed in the preceding Paragraph causes the death of a civil servant, the principal plotter and the persons who conduct the violation or intimidation shall be condemned to life imprisonment or fixed-term imprisonment of not less than 7 years; if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than 5 years and not more than 12 years.
Article 35
Anyone who encumbers others' raising, relinquishing, jointly signing or voting on a proposal of referendum, or makes others raise, relinquish, jointly sign or vote on a proposal of referendum by violation, intimidation or other illegal methods shall be condemned to fixed-term imprisonment of not more than 5 years.
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.
Article 36
Any person who quests, agrees to offer, or delivers bribes or unjust interests toward those entitled to vote for not voting or for a specific voting result, may be imposed with a penalty of imprisonment more than 3 years and less than 10 years or chargeds fines above NT$1 million and below NT$10 million.
The intending offender of the above-mentioned behaviors may be given a penalty of imprisonment for less than 1 year.
The money of the above-mentioned bribery shall be confiscated without regarding whether it belongs to the offender.
The offender conducting the misbehaviors mentioned in Paragraph One or Paragraph Two, and surrendering himself to the authority, may be exempted from punishments or have it reduced when he cooperates to detect the proposer as the principal offender or joint offender.
Article 37
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not more than 7 years, and be fined a sum of not less than NT$1 million and not more than NT$10 million in addition:
1. Quest, agree to offer, or deliver bribes or undue benefits in the name of donation toward a member of an association or institution in the referendum district for not raising, relinquishing, jointly signing or voting on a proposal, or raising, relinquishing, jointly signing or voting in a certain way.
2. Quest, agree to offer, or deliver bribes or undue benefits toward a proposer or joint signer of a proposal of referendum for not raising, relinquishing, jointly signing or voting on a proposal, or raising, relinquishing, jointly signing or voting in a certain way.
Anyone who plans to commit the crime prescribed in the preceding Paragraph shall be condemned to fixed-term imprisonment of not more than 1 year.
The bribes prepared or quested, agreed to offer or delivered by the criminal, whether owned by the criminal or not, shall be confiscated.
Article 38
Anyone who undertakes the affairs referred to in Paragraphs One of Article 36 or Paragraph One of the preceding Article to seek profit shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years, and may in addition be fined a sum of not less than NT$1 million and not more than NT$10 million.
An attempt to perform the crime prescribed in the preceding Paragraph shall also be punished.
Article 39
For any of the following actions conducted in a proceeding of recall, the accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$100,000, and the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than 5 years:
1. Gather a mob to surround a proposer or joint signer of a proposal of referendum, or his/her working place or residence.
2. Gather a mob to encumber a proposer or joint signer's proceeding of the proposal of referendum by violation, intimidation or other illegal method.
Article 40
Anyone who withholds, destroys, hides, replaces or captures the voting box, the referendum ballot, the list of voters, the report form of voting, the report form of ballot counting, the statistics of ballot counting, or the tool used to vote for the purpose of encumbering or disturbing the voting or ballot counting shall be condemned to fixed-term imprisonment of not less than 5 years.
Article 41
Anyone who carries the received referendum ballot outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Article 42
Anyone who makes noise or disturbs the referendum or induces others to vote or not to vote within 30m around the polling station, and continues such misconduct after being persuaded by the safeguard, shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Article 43
Anyone who infringes the provision of Paragraph Two of Article 21 or conducts any of the actions prescribed in the Subparagraphs of Paragraph One of Article 22 and does not leave the station after being ordered to leave, shall be condemned to fixed-term imprisonment or penal servitude of not more than 2 years, or fined a sum of not more than NT$200,000.
Article 44
Anyone who places anything other than the referendum ballot into a voting box or intentionally tears up a received ballot shall be fined a sum of not less than NT$5,000 and not more than NT$50,000.
Article 45
A collector of funds shall check the donations prescribed in the provisions of Subparagraph One to Three of Paragraph One of Article 20 before receiving them. When the donations are in violation of the regulations, the collector of funds shall hand over the donations to the authority in charge of declaration within 2 months after receipt. If the collector of funds fails to do so within the specified time limit, he/she shall be condemned to fixed-term imprisonment of not more than 5 years.
A collector of funds shall check the donations prescribed in the provisions of Subparagraph Four of Paragraph One of Article 20 before receiving them. When the donations are in violation of the regulations, the collector of funds shall return the donations within 1 month. If the collector of funds does not return the donations within the specified time limit or fails to return the donations, he/she shall hand over the donations to the authority in charge of declaration within 2 months after the receipt. If the collector of funds fails to do so, he/she shall be fined a sum of not less than NT$200,000 and not more than NT$1 million and requested to pay within the specified time limit; if the collector of funds fails to pay within the specified time limit, consecutive punishment may be imposed.
The provisions of the preceding two Paragraphs do not apply to the collector of funds having fulfilled his/her obligation to check the donations.
A collector of funds who accepts the donations in violation of the provisions of Paragraph One of Article 20 shall be fined twice the amount of the donations but not more than NT$1 million.
If a collector of funds does not make the declaration in accordance with the provision of Paragraph Two of Article 20 or does not submit the vouchers or evidential documents of the incomes and expenditures in accordance with the provision of Paragraph Four, he/she shall be fined not less than NT$100,000 and not more than NT$500,000, and a time limit shall be set for declaration or supplementation. If declaration or supplementation is not made within the time limit, consecutive punishment may be imposed.
If a collector of funds intentionally makes any false declaration about the income or expenditure of the funds, he/she shall be fined a sum of not less than NT$500,000 and not more than NT$2,500,000.
Those violating the establishment and quantity of establishment prescribed in Paragraph Six or Paragraph Seven of Article 20 shall be fined a sum of not less than NT$100,000 and not more than NT$1 million.
Article 46
If there are provisions of more severe punishment for the crimes prescribed in this Chapter in other laws, such provisions shall apply.
If the personnel handing referendum affairs commit any of the crimes prescribed in this Chapter intentionally by using the power, opportunity or method on duty, the punishment shall be aggravated by a half. If a person commits any of the crimes prescribed in this Chapter and is thus sentenced to fixed-term imprisonment or heavier punishment, he/she shall be deprived of public rights in addition.
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