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

Print Time:2024/10/05 03:12
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Chapter Law Content

Part 1 General Provisions
Chapter 9 Probation
Article 74
A punishment of imprisonment for not more than two years, short-term imprisonment, or a fine may be suspended for not less than two years but not more than five years of probation from the day the judgment becomes final if either of the following circumstances exists and probation is considered appropriate:
1. There has been no previous sentence to imprisonment or a more severe punishment pronounced for an intentional offense.
2. There has been no sentence to imprisonment or a more severe punishment for an intentional offense pronounced within five years after completing execution or remission of a previous sentence to imprisonment or a more severe punishment for an intentional offense.
The judge who pronounces the probation may consider the circumstances to order the offender to do the following things:
1. Making an apology to the victim;
2. Writing a statement of repentance;
3. Paying an appropriate amount of compensation to the victim for his property or non-property losses;
4. Disbursing a certain amount to Public Treasury;
5. Doing community service of no less than forty hours and not more than two hundred and forty hours for a designated government department, government institution, legal entity, public welfare organization or group;
6. Carrying out addiction treatment, mental treatment, psychological counseling or other appropriate treatment programs;
7. Granting protective order to the victim;
8. Granting injunction order to prevent repetition of crime.
The situation set forth in the preceding paragraph shall be specified in the written judgment.
Items 3 and 4 of paragraph 2 may be carried out as a compulsory execution.
There is no probation for pronouncement of ancillary punishment, rehabilitative measure, and confiscation.
Article 75
Probation shall be revoked in either of the following circumstances:
1. During the period of probation, the offender has intentionally committed another crime for which he has received a definitive sentence to imprisonment more than six months.
2. Before the probation, the offender has intentionally committed to another crime and has received a definitive sentence to imprisonment more than six months.
A motion for revoking the ruling of the preceding paragraph shall be filed within six months after the judgment has become finalized.
Article 75-1
After probation is pronounced, it may be revoked if there is a need to execute the punishment, when any of the following circumstances appears to prove that the pronouncement cannot have the expected effect:
1. Before the probation, the offender has intentionally committed another crime, of which he has received a definitive sentence to imprisonment not more than six months, short-term imprisonment or a fine has become final during the probation period.
2. During the period probation, the offender has intentionally committed another crime, of which he has received a definitive sentence to imprisonment not more than six months, short-term imprisonment or a fine has become final during the probation period.
3. During the period of probation, the offender has committed more crime because of negligence and the pronouncement of punishment in the form of imprisonment has become final.
4. The offender has violated the obligations provided for in items 1 through 8 of paragraph 2 of Article 74 and the circumstances are considered serious.
The provisions of paragraph 2 of the previous article shall also apply to the circumstances of item 1 through item 3.
Article 76
If probation has not been revoked, the sentence shall forfeit its validity after the expiration of the period of probation, but this provision shall not apply to revocation of probation made under paragraph 2 of Article 75 and paragraph 2 of Article 75-1.
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