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

Print Time:2024/10/15 03:05
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Chapter Law Content

Part 2 Specific Offenses
Chapter 5 Offenses of Obstructing an Officer In Discharge of Duties
Article 135
A person who employs threats or violence against a public official engaging in the performance of his duties, shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred thousand dollars.
A person who employs threats or violence with purpose to compel a public official to perform an act relating to his public duties, with purpose to obstruct the lawful performance of such public duties, or with purpose to cause such public officials to resign, shall be subject to the same punishment.
A person guilty of the offenses specified in the two preceding paragraphs, and where any one of the following scenarios applies, shall be sentenced to imprisonment for more than six months and less than five years:
1.The offense is committed with the use of a motor vehicle.
2.The offense is committed while carrying weapons or other dangerous goods, with the intention of using them during the offense.
If a person commits an offense specified in the three preceding paragraphs, and thus causes the death of a public official, the offender shall be sentenced to life imprisonment, or imprisonment for more than seven years; and if it results in aggravated injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 136
Participants of a group of three or more people, gathering at a public place or a place where the public may enter and exit committing the offenses specified in the preceding article, shall be sentenced to imprisonment for less than one year, short-term imprisonment, or a fine of no more than one hundred thousand dollars may be imposed; a ringleader and a person who actually employs violence or threats shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the commission of the offense results in death or aggravated injury to the public official, a ringleader and a person who actually employs violence or threats shall be punished in accordance with the provisions of paragraph 4 of the preceding article.
Article 137
A person who by fraud or other illegal means procures an incorrect result in an examination held pursuant to the Examination Law shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 138
A person who destroys, damages, conceals, or renders useless a document, plan, or another thing which has been possessed by a public official by reason of his office or which has been officially entrusted by such official to a third person shall be sentenced to imprisonment for not more than five years.
Article 139
A person who damages, removes, disfigures, or renders ineffective a seal or notice affixed by a public official pursuant to law shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two hundred thousand dollars.
The same shall apply to a person who acts in violation of an order with the effect of seizure issued by a public official pursuant to law.
Article 140
A person who insults a public official during the discharge of his legal duties or publicly make insults about his discharge of such legal duties shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one hundred thousand New Taiwan Dollars.
Article 141
A person, who with purpose to insult a public official, damages, removes, or disfigures a proclamation posted in a public place shall be sentenced to short-term imprisonment or a fine of not more than sixty thousand New Taiwan Dollars.
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