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

Print Time:2024/11/22 07:38
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Chapter Law Content

Title: Social Order Maintenance Act CH
Category: Ministry of the Interior(內政部)
Part 2 Punishment Procedure
Chapter 3 Ruling
Article 43
A police authority shall make a ruling promptly after interrogating suspects who have committed the following acts, unless there is a need for further investigation:
1. Offenses against this Act which are punishable exclusively by a fine or a reprimand in accordance with the Act.
2. Offenses against this Act for which fines or reprimands have been imposed in accordance with the Act.
3. Punishments described in subparagraph 1 and 2 are meted out along with confiscation.
4. Confiscation is announced separately.
5. Cases described in subparagraph 1 and 2 shall be exempt from punishment.
The above-mentioned ruling document shall specify the following information:
1. The name, gender, date of birth, national ID number, occupation, permanent or current residency of the person who has committed the act.
2. The content of the ruling.
3. Facts and reasons for the ruling. It may only specify the gist thereof.
4. Applicable articles.
5. The authority which made the ruling and the date of ruling.
6. A person who finds a ruling unacceptable may state reasons in writing to appeal the ruling to the summary court through the police authority which made the ruling within five days following the day when document of ruling is delivered.
Article 44
A police agency may make a direct ruling without notifying or interrogating an offender, whose offense against this Act is petty and evident. The direct ruling is limited to a fine of not more than NTD 1,500 or a reprimand.
Article 45
Cases other than those mentioned in the first paragraph of Article 43 shall be referred to the summary court for a ruling after interrogation.
The case referred by police authorities for a court ruling may be exempt from punishment or may be subject to other punishments imposed by the competent summary court if it finds this case should not be punished or punishments other than detention, suspension of business or termination of business is more appropriate.
Article 46
A court shall make a ruling document promptly after receiving a case referred by a police authority except it requires further interrogation or investigation.
The ruling document described in the preceding paragraph shall specify the following information:
1. The name, gender, date of birth, national ID number, occupation, permanent or current residency of the offender.
2. The content of the ruling.
3. Facts and reasons for the ruling. It may only specify the gist thereof.
4. Applicable articles.
5. The authority which delivers the ruling and the date of the ruling.
6. A person who finds a ruling unacceptable may state reasons in writing to appeal the ruling to the ordinary procedure court through the summary court which made the ruling within five days following the day when document of ruling is delivered.
Article 47
(Deleted)
Article 48
The police authorities may impose a punishment directly on the suspect who fails to report to a police authority after having being notified properly.
Article 49
When the document of a court ruling or a police ruling on an offense against this Act is made, the ruling shall be announced or delivered and the document thereof shall be handed over to the person on whom the ruling is imposed if the said person is present.
The document of a court ruling or a police ruling which is not announced or delivered at the presence of the offender or is made without interrogating the offender should be delivered to the offender within five days by a police authority.
The document of a court ruling about a case described in the above-mentioned two paragraphs shall be fsent to the police authority which has referred the case.
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