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

Print Time:2024/10/05 02:06
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Chapter Law Content

Part 2 Specific Offenses
Chapter 4 Offenses of Malfeasance in Office
Article 120
A public official who by neglecting his duties abandons the territory in his charge shall be sentenced to death, life-imprisonment or imprisonment for not less than ten years.
Article 121
A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for an official act shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than seven hundred thousand yuan may be imposed.
Article 122
A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for a breach of his official duties shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than two million yuan may be imposed.
A breach of official duties shall be sentenced to life imprisonment or with imprisonment for not less than five years; in addition thereto, a fine not more than four million yuan may be imposed.
A person who offers, promises, or gives a bribe or other improper benefits to a public official or an arbitrator for a breach of his official duties shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three hundred thousand yuan may be imposed, but, if such a person turns himself in for trial, his punishment may be reduced or remitted, and if such a person confesses during investigation or trial, his punishment may be reduced.
Article 123
A person who in anticipation of being a public official or an arbitrator demands, agrees to accept, or accepts a bribe or other improper benefits for an official act and performs such act after becoming a public official or arbitrator shall be subject to the punishment prescribed for a public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits.
Article 124
A public official vested with judicial functions or an arbitrator who renders an illegal decision or arbitral award shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 125
A public official charged with the duty of investigation or bringing offenders to justice who commits one of the following offenses shall be sentenced to imprisonment for not less than one year but not more than seven years:
1. Abusing his authority in arresting or detaining a person.
2. Using threat or violence with purpose to extract confession.
3. Knowingly causing an innocent person to be prosecuted or punished or causing a guilty person not be prosecuted or punished.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or with imprisonment for not less than three but not more than ten years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 126
A public official charged with the custody, or conveyance of prisoners who commits an act of violence or cruelty to a prisoner shall be sentenced to imprisonment for no less than one year but not more than seven years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or with imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 127
A pubic official charged with execution of punishment illegally executes or omits to execute a punishment shall be sentenced to imprisonment for not more than five years.
A public official who negligently causes the execution of a punishment that should not have been executed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars.
Article 128
A public official who adjudicates a suit which he knows he is not authorized to adjudicate shall be sentenced to imprisonment for not more than three years.
Article 129
A public official who collects taxes, duties, or other revenues that he knows he is not authorized to collect shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto a fine of not more than two hundred ten thousand dollars may be imposed.
A public official who retains in whole or in part any money or thing that he knows it to be his duty to pay or deliver shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 130
A public official who neglects his duties thereby causing a catastrophe shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 131
A public official who directly or indirectly seeks to gain illegal benefits from a function under his control or supervision for himself or others and gains benefits shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than one million yuan may be imposed.
Article 132
A public official who discloses or gives away a document, plan, information, or another thing of a secret nature relating to matters other than national defense shall be sentenced to imprisonment for not more than three years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a find of not more than nine thousand dollars.
A person other than a public official who discloses or gives away a document, plan, information, or another thing specified in paragraph 1 which comes to his knowledge or possession because of his occupation or profession shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars.
Article 133
A public official, employed in a postal or telegraphic office, who opens or conceals mail or telegraphic mater entrusted to him for transmission shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
Article 134
A public official who takes advantage of his authority, opportunity, or means afforded by his official position to intentionally commit an offense not provided for in this Chapter shall be subject to the punishment prescribed for such offense by increasing it up to one half unless special provisions have been made for such punishment because of his status as a public official.
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