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

Print Time:2024/04/26 15:18
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Chapter Law Content

Chapter 5 Penalty for Encumbering Election or Recall
Article 79
Anyone who infringes the provision of Subparagraph 1 of Article 49 shall be condemned to fixed-term imprisonment of not less than seven years, anyone who infringes the provision of Subparagraph 2 of Article 49 shall be condemned to fixed-term imprisonment of not less than five years,and anyone who infringes the provision of Subparagraph 3 of Article 49 shall be punished according to penal provisions in the relevant laws.
Article 80
Anyone who utilizes the opportunity of campaign, electioneering or joint signature to gather a mob or damage the social order by insurrection shall be condemned to fixed-term imprisonment of not less than seven years,and the principal plotter shall be condemned to life imprisonment or fixed-term imprisonment of not less than ten years.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall also be punished.
Article 81
Anyone who enforces or intimidates the civil servants performing duty according to law to encumber the election or recall shall be condemned to fixed-term imprisonment of not more than five 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 seven years;if it causes severe injury to a civil servant,the person shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years.
Article 82
For those who gather a mob and commit the crime prescribed in the preceding article,the onsite accessaries shall be condemned to fixed-term imprisonment or penal servitude of not more than three years or fined a sum of not more than NT$300,000,and the principal plotter and the persons who assault or intimidate personally shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years.
If the crime prescribed in the preceding paragraph causes the death of a civil servant,the principal plotter and the persons who assault and intimidate personally shall be condemned to life imprisonment or fixed-term imprisonment of not less than seven years;if it causes severe injury to a civil servant,the person shall be condemned to fixed-term imprisonment of not less than five years and not more than twelve years.
Article 83
(deleted)
Article 84
Anyone who makes a candidate or a person qualified for a candidate agree to abandon the campaign or to perform certain campaign activities by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years, and fined a sum of not less than NT$2,000,000 and not more than NT$20,000,000.
Any candidate or any person qualified for a candidate who asks for expected promises or accepts bribes or other undue benefits and thereupon promises to abandon the campaign or perform certain campaign activities shall also be punished in accordance with the provision of the preceding paragraph.
Anyone planning to commit the crimes referred to in the preceding two paragraphs shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered by the person who commits the crime prescribed in Paragraph One or the preceding paragraph,whether owned by the offender or not,shall be confiscated.
Article 85
Anyone who commits any of the following actions by assault,intimidation or other illegal method shall be condemned to fixed-term imprisonment of not more than five years:
1.Encumber another candidate's campaign or make him/her abandon the election.
2.Encumber others' providing joint signatures for a presentee according to law.
3.Encumber others' raising or agreeing a proposal of recall,or make others raise or agree a proposal of recall.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall also be punished.
Article 86
Anyone who makes a person with the right to vote agree to not exercise the right to vote or exercise it in a certain manner by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years and may be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition
Anyone planning to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered,whether owned by the offender or not,shall be confiscated.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and surrendering within six months from the occurrence shall be alleviated or exempted;the punishment condemned may be exempted where a candidate is found to be a principal offender or an accomplice thereupon.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and confessing in the process of investigation shall be alleviated;the punishment condemned may be alleviated or exempted where a candidate is found to be a principal offender or an accomplice thereupon.
Article 87
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not less than one year and not more than seven years, and be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000:
1.Ask for expected promise or make the members of an association or institution not execute the right of voting or execute it in a certain way by offering properties or other undue benefits in the name of donation.
2.Ask for expected promise or make a joint signer sign or not sign for a certain presentee by offering bribes or other undue benefits.
3.Ask for expected promise or make the proposer or consenter of recall not raise or agree the proposal,or raise or agree a certain proposal of recall by offering bribes or other undue benefits.
Anyone who plans to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared,used to ask for expected promises or to be delivered,whether owned by the offender or not,shall be confiscated.
Article 88
Anyone who undertakes the affairs referred to in Paragraphs One and Two of Article 84,Paragraph One of Article 86,or Paragraph One of the preceding article to seek profit shall be condemned to fixed-term imprisonment of not less than three years and not more than ten years,and may be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall also be punished.
Article 88-1
A person who gambles in a public place or a place open to the public on the outcome of an election or recall shall be sentenced to fixed-term imprisonment of not more than six months,short-term detention,or a fine of not more than NT$100,000.
The same shall apply to gambling via telecommunication equipment,electronic communication,internet,or other similar means on the outcome of an election or recall.
The provisions of the proceeding two paragraphs shall not apply to the item of gambling which is provided for temporary amusement.
A person who,with the intention of making a profit on the outcome of an election or recall,furnishes a place to gamble or assembles person to gamble shall be sentenced to fixed-term imprisonment of not more than five years;in addition thereto,a fine of not more than NT$500,000 may be imposed.
Article 89
For the nomination of candidates for President and Vice President within the political party, from the day when the nomination operation is publicized and during the period specified for operating nomination,any of the candidates within the political party who performs any of the actions prescribed in Paragraphs One and Two of Article 84 shall be punished in accordance with the provisions prescribed in Paragraphs One and Two of Article 84; anyone performing any of the actions prescribed in Paragraph One of Article 86 to a person with the right to vote shall be punished in accordance with the provision prescribed in Paragraph One of Article 86.
Anyone planning to commit the crime prescribed in the preceding paragraph shall be condemned to fixed-term imprisonment of not more than one year.
The bribes prepared or used to ask for expected promises or to be delivered, whether owned by the offender or not,shall be confiscated; the bribes accepted by the person shall be confiscated.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and surrendering within six months from the occurrence shall be alleviated or exempted;the punishment condemned may be exempted where a principal offender or an accomplice is found thereupon.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and confessing in the process of investigation shall be alleviated;the punishment condemned may be exempted where a principal offender or an accomplice is found to be thereupon.
Article 90
Anyone who undertakes the affairs referred to in Paragraph One to seek profit shall be punished in accordance with the previous article.
Anyone attempting to commit the crime prescribed in the preceding paragraph shall be punished.
The provision prescribed in Article 100 shall apply mutatis mutandis to the nomination of candidates for President and Vice President within the political party implemented by the political party.
The political party shall publicize the matters regarding the nomination operation and publish the matters regarding the commencing and terminating time, operation flow and recognition of candidates and persons qualified for voting within the political party in accordance with the provision prescribed in Paragraph One.Each political party shall report to the Ministry of the Interior for examination within five days after publicizing the nomination operation.
Anyone who disseminates rumors or spreads false sayings by text, picture,audio tape, video tape, speech or any other method for the purpose of making a candidate elected or not elected or making the proposal of recall adopted or vetoed and thus causing damages to the public or others shall be condemned to fixed-term imprisonment of not more than five years.
Article 90-1
The heads of central and local government agencies at all levels or their agents, and persons instructed by them who violate the provisions of Article 50 shall be sentenced to fixed-term imprisonment of not more than three years.
For those committing the crimes mentioned in the preceding paragraph,after the sentence has been confirmed,the agency to which they belong may recover the expenses incurred;if two or more persons commit the crimes mentioned in the preceding paragraph jointly,they shall be jointly and severally liable.
Article 91
Anyone who infringes upon the provision of Paragraph Two of Article 59 or Paragraph Three of Article 74,or conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One of Article 61 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 two years, or fined a sum of not more than NT$200,000.
Article 92
Where any of the following circumstances occurs in the proceeding of election or recall,the onsite accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than one year or fined a sum of not more than NT$100,000; the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than five years:
1.Gather a mob to surround the working place,office(s) or domicile/residence of presentee of joint signature,joint signer,candidate,person being recalled,the proposer or joint singer of the proposal of recall,or the personnel involved.
2.Gather a mob to encumber a presentee of joint signature, joint signer,candidate,or the person being called performing duty or a proposer or consenter's proceeding over the proposal of recall.
Article 93
Anyone who carries the received ballot for election or recall to outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than one year or fined a sum of not more than NT$15,000
Anyone who makes noise to disturb the election 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 one year or fined a sum of not more than NT$15,000.
Article 93-1
Anyone who infringes the provision of Paragraph Three of Article 61 shall be fined a sum of not less than NT$30,000 and not more than NT$300,000.
Anyone who infringes the provision of Paragraph Four of Article 61 shall be condemned to fixed-term imprisonment of not more than five years and fined a sum of not more than NT$500,000.
Article 94
Anyone who withholds,destroys,hides,replaces or captures the voting box,the ballots for election or recall,the list of electors,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 five years.
Article 95
(deleted)
Article 96
Anyone who infringes upon the provision of Article 42, Article 43, Paragraph One or Three of Article 48, or Article 72 shall be fined a sum of not less than NT$100,000 and not more than NT$1,000,000.
Any broadcast TV enterprise which infringes upon the provision of Paragraph One,Two or Three of Article 46 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000.
Anyone who violates the provisions prescribed in Paragraph Two of Article 47 regarding the matters or contents to be contained or described in advertisements,or the provisions in Paragraph Five of Article 47-3,shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000, or twice the cost of the advertisement.
Anyone who violates the provisions prescribed in Article 47-1,Paragraph One and Two of Article 47-2 regarding the matters or contents to be recorded in advertisements shall be fined a sum of not less than NT$200,000 and not more than NT$10,000,000, or twice the cost of the advertisement.
Anyone who fails to stop publication,restrict browsing, remove or take down the website in violation of Article 47-3,Paragraph Four,shall be fined a sum of not less than NT$200,000 and not more than NT$10,000,000,and shall be ordered to make improvements within a certain period of time.If the improvements are not made within that period,the penalty may be imposed On a per-event basis.
Anyone who violates the provisions prescribed in Article 50 or Article 52 shall be punished in accordance with the following provisions;in addition, anyone who fails to comply with the provisions prescribed in Article 50 shall be punished in the following manner:
1.Political parties,candidates, the leading proposer of recall,the person being recalled, and their employees,agents or users:a fine of not less than NT$200,000 and not more than NT$2 million.
2.Persons other than those mentioned in the preceding subparagraph:a fine of not less than NT$100,000 and not more than NT$1 million.
The employees,agents or users of the candidate,the leading proposer of recall or the person being recalled,who infringes on the provisions prescribed in Article 42,Paragraphs One and Two of Article 48,Article 50 or 52,the candidate,the leading proposer of recall or the person be recalled shall be punished as well.
Any political party,juridical person or association other than juridical person who violate the provisions prescribed in Paragraph One or Three of Article 48,the representative or actors of the political party,juridical person or association other than juridical person shall be punished as well in accordance with the provisions of Paragraph One;violate the provisions prescribed in Article 50 or Article 52,the representative or actors of the political party,juridical person or association other than juridical person shall be punished as well in accordance with the provisions of Paragraph Six.
Any person who commissions a newspaper,magazine,radio or television broadcaster,Internet service provider or other media provider to publish a campaign or recall advertisements or commissions a newspaper to disseminate propaganda in violation of the provisions prescribed in of Subparagraph Two of Article 50 shall be punished.According to this provision,both the commissionerand the commissionee shall be punished.If the commissioner or commissionee is a political party,juridical person or unincorporated group,its representatives and actors shall be punished.
Anyone who places anything other than the ballot for election or recall into a voting box, or tear up the received ballot by intention shall be fined a sum of not less than NT$5,000 and not more than NT$50,000.
Article 97
The punishment condemned for a person who commits the crime prescribed in Paragraph Two of Article 84 or the crime prescribed in Paragraph One of Article 143 of the Criminal Code and surrenders within three months after committing the crime shall be exempted;the punishment condemned for a person who surrenders after aforesaid three-month period shall be alleviated or exempted;the punishment condemned for a person confesses in the process of investigation or in the juridical procedure shall be alleviated.
Anyone who cooks up facts to surrender as prescribed in the preceding paragraph for the purpose of making others subject to criminal disposition shall be punished in accordance with the penal provisions set forth in the Criminal Code on the crime of false accusation.
Article 98
The political party recommending any candidate who commits the crimes referred to in the provisions prescribed in Articles 80 to 82,Paragraphs One an d Two of Article 84 and Subparagraph 1 of Paragraph One of Article 85 or the corresponding attempted offense,the crimes prescribed in Paragraph One of Article 86,Subparagraph 1 of Paragraph One of Article 87,and Article 94,or the crimes prescribed in Article 142 or Articles 145-147 of the Criminal Code with the determined judgement shall be fined a sum of not less than NT$5,000,000 and not more than NT$50,000,000.The same applies to candidates who have been nominated by a political party and have been convicted of the crimes prescribed in Paragraphs One and Two of Article 84.
Any candidate recommended by a political party who commits the crimes against another candidate or nominated by a political party prescribed in Articles 271,277,278,302,302-1,304,305 and 346~348 of the Criminal Code or the Special Act of the Criminal Code with the determined judgement shall be punished in accordance with the provision prescribed in the preceding paragraph.
Article 99
If there are any provisions of severer punishment for the crime prescribed in this Chapter in other laws, such provisions shall apply.
If any of the personnel handing election and recall affairs commit any of the crimes prescribed in this Chapter intentionally by using the power, opportunity or method on duty of the position,the punishment shall be aggravated by a half.
A person who commits any of the crimes prescribed in this Chapter or the crime of encumbering voting prescribed in Chapter 6 of the Subprovisons of the Criminal Code and is thus sentenced to fixed-term imprisonment shall be deprived of public rights in addition.
Article 100
For the election and recall of President and Vice President,the Prosecutor General of the Supreme Prosecutors' Office shall lead the prosecutors of specific levels to inspect and investigate in diverse districts,monitor and supervise the election and recall,actively prosecute the criminal cases of encumbering the election or recall,and accept the accusation,prosecution, surrender made by the government agencies, associations or individuals,and investigate immediately and handle the cases measures with necessary measures.
The prosecutors may command the juridical police to conduct the investigation of the cases referred to in the preceding paragraph according to the provisions of the Criminal Procedure Code and the Act Governing Desptach of Juridical Police.
Article 101
For the crime prescribed in this Chapter or the crime of encumbering voting set forth in Chapter 6 of the Criminal Code,the court hearing the case shall adjudicate it conclusively within six months.
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