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Chapter 5 Penalty for Encumbering Election or Recall
Article 93
Anyone who infringes the provision of Subparagraph 1 of Article 55 shall be condemned to fixed-term imprisonment of not less than 7 years, anyone who infringes the provision of Subparagraph 2 of Article 55 shall be condemned to fixed-term imprisonment of not less than 5 years, and anyone who infringes the provision of Subparagraph 3 of Article 55 shall be punished according to related penal laws.
Article 94
Anyone who utilizes the opportunity of campaign, electioneering or recall to gather a mob to destroy the social order by insurrection shall be condemned to fixed-term imprisonment of not less than 7 years, and the principal plotter shall be condemned to life imprisonment or fixed-term imprisonment of not less than 10 years.
Anyone attempting to commit the crime prescribed in the preceding Paragraph shall be punished.
Article 95
During the period of election or recall, anyone who assaults or intimidates the civil servants performing duty according to law for the purpose to encumber the election or recall shall be condemned to fixed-term imprisonment of not more than 5 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 7 years; if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years.
Article 96
For those who gather a mob and commit the crime prescribed in the preceding Article, the onsite accessories shall be condemned to fixed-term imprisonment or penal servitude of not more than 3 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 3 years and not more than 10 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 7 years; if it causes severe injury to a civil servant, the person shall be condemned to fixed-term imprisonment of not less than 5 years and not more than 12 years.
Article 97
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 3 years and not more than 10 years and may be fined a sum of not less than NT$2,000,000 and not more than NT$20,000,000 in addition.
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 two preceding Paragraphs shall be condemned to fixed-term imprisonment of not more than 1 year.
The bribes prepared or used to ask for expected promises or to be delivered, whether owned by the ofender or not, shall be confiscated.
Article 98
Anyone who commits any of the following actions by assault, intimidation or any other illegal method shall be condemned to fixed-term imprisonment of not more than 5 years:
1. Encumbering others’ campaign or making others abandon campaign for election.
2. Encumbering others' raising or agreeing a proposal of recall, or making others raise or agree a proposal of recall.
Anyone attempting to commit the crime prescribed in the preceding Paragraph shall be punished.
Article 99
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 3 years and not more than 10 years and may be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition.
Anyone planning to commit the crime prescribed in the preceding Paragraph shall be condemned to fixed-term imprisonment of not more than 1 year.
The bribes prepared or used to ask for expected promises or to be delivered, whether owned by the ofnder or not, shall be confiscated
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and surrendering within 6 months from the occurrence shall be alleviated or exempted; the punishment condemned may be exempted where a candidate is found to be a principal offender or an accomplice thereupon.
The punishment condemned for a person committing the crime prescribed in Paragraph One or Two and confessing in the process of investigation shall be alleviated; the punishment condemned may be alleviated or exempted where a candidate is found to be a principal offender or an accomplice thereupon.
Article 100
Anyone who makes a person with the right to vote agree to not exercise the right to vote or exercise it in a certain manner by asking for expected promises or delivering bribes or other undue benefits to the aforesaid party in the election of the chairperson and vice chairperson of a municipal or county (city) council, the chairperson and vice chairperson of a township (city) or an indigenous district congress shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years and may be fined a sum of not less than NT$ 2,000,000 and not more than NT$ 20,000,000 in addition.
Any of persons with the right to vote in the election prescribed in the preceding Paragraph who asks for expected promises or accepts bribes or other undue benefits and thereupon promises to not exercise the right to vote or exercise it in a certain manner shall also be punished in accordance with the provision of the preceding Paragraph.
Anyone planning to commit the crimes prescribed in the two preceding Paragraphs shall be condemned to a fixed-term imprisonment of not more than 1 year.
The bribes prepared or used to ask for expected promises or to be delivered, where owned by the offerder or not, shall be confiscated.
The punishment condemned for a person committing the crime prescribed in Paragraph 1 or 2 and surrendering within 6 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 accomplish thereupon. The punishment condemned for a person 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 101
For the nomination of candidates for various civil servants within the political party referred to in Article 2 implemented by 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 97 shall be punished in accordance with the provisions prescribed in Paragraphs One and Two of Article 97; anyone performing any of the actions prescribed in Paragraph One of Article 99 to a person with the right to vote shall be punished in accordance with the provision prescribed in Paragraph One of Article 99.
Anyone planning to commit the crime prescribed in the preceding Paragraph shall be condemned to fixed-term imprisonment of not more than 1 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 6 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.
Anyone who undertakes the affairs referred to in Paragraph One to seek profit shall be punished in accordance with the provision of Article 103.
Anyone attempting to commit the crime prescribed in the preceding Paragraph shall be punished.
The provision prescribed in Article 115 shall apply mutatis mutandis to the nomination of candidates for various civil servants 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 5 day after publicizing the nomination operation.
Article 102
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not more than 7 years, and be fined a sum of not less than NT$1,000,000 and not more than NT$10,000,000 in addition:
1. Making a member of an association or institution in the electoral district not exercise the right to vote or exercise in a certain manner by asking for expected promises or offering properties or other undue benefits in the name of donation.
2. Making a person that has a right to propose or countersign a proposal of recall not raise or agree the proposal, or raise or agree a certain proposal of recall by asking for expected promises or offering properties 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 1 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.
Article 103
Anyone who undertakes the affairs referred to in Paragraphs One and Two of Article 97, Paragraph One of Article 99, Paragraphs One and Two of Article 100 or the Subparagraphs of Paragraph One of Article 102 to seek profit shall be condemned to fixed-term imprisonment of not less than 3 year and not more than 10 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 be punished.
Article 104
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 5 years.
Article 105
Anyone who infringes the provision of Paragraph Two of Article 63 or Paragraph Two of Article 88 or conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One of Article 65 and does not leave after being ordered to leave shall be condemned to fixed-term imprisonment or penal servitude of not more than 2 years, or fined a sum of not more than NT$200,000.
Article 106
Anyone who infringes the provision of Paragraph Three of Article 65 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 65 shall be condemned to fixed-term imprisonment of not more than 5 years and fined a sum of not more than NT$500,000.
Article 107
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 1 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 5 years
1. Gathering a mob to surround the working place, office(s) or domicile / residence of any candidate, person to be recalled, proposer or joint singer of the proposal of recall, or the personnel involved.
2. Encumbering the campaign activities of a candidate, recalled person’s performing duty or the proceeding of recall by proposers or joint signers or the personnel by assaults, intimidation or any other illegal method.
Article 108
Anyone who carries the received ballot for election or recall outside the place of voting shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Anyone who induces others to vote or not to vote by discord and yelling or intervention and continues the aforesaid actions after being stopped by the security guards shall be condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$15,000.
Article 109
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 5 years.
Article 110
Anyone who infringes the registration and the number of registration prescribed in Articles 44 and 45, Paragraphs One and Two of Article 52 and Paragraphs Two and Three of Article 86 shall be fined a sum of not less than NT$100,000 and not more than NT$1,000,000.
Any of broadcast TV enterprises which infringes the provision prescribed in Paragraph One, Two or Three of Article 49 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000.
The chiefs of central and local government agencies of specific levels or related personnel who infringe the provision prescribed in Article 50 shall be condemned to fixed-term imprisonment of not more than 3 years; the expenditures received by the aforesaid government agency may be recouped.
Any newspaper, magazine or other mass media which fails to publish or broadcast the name of the publisher or the name of the representative of a corporate person or an association in accordance with the provision of Article 51 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000 or a sum 2 times of the advertisement charge.
Anyone who infringes the provisions prescribed in Article 53 or Article 56 shall be fined a sum of not less than NT$500,000 and not more than NT$5,000,000; anyone who infringes the provision prescribed in Article 56 and refuses to terminate after being prevented shall be fined consecutively in accordance with the frequency. .
The representative and the actor of the political party, a corporate person or a non-corporate-person association which infringes the provisions referred to in Paragraph One or Two of Article 52 shall be punished in addition in accordance with the provision prescribed in Paragraph One; the representative and the actor of the political party, a corporate person or a non-corporate-person association which infringes the provision referred to in Article 53 or Article 56 shall be punished in addition in accordance with the provision prescribed in the preceding Paragraph.
The party commissioning and the party commissioned shall be punished in accordance with the provision prescribed in Paragraph Five if the party commissioning the public media to publish and to broadcast campaign and recall advertisement or commissioning the leaflet inside newspaper to disseminate propaganda articles infringes the provision prescribed in Subparagraph 2 of Article 56. If the party commissioning or the party commissioned is a political party, a corporate person or a non-corporate-person association, the representative and the actor of the political party, the corporate person or the non-corporate-person association shall be punished in addition.
Anyone who places anything other than the ballot for election or recall into a voting box, or tears 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 111
The punishment condemned for a person who commits the crime prescribed in Paragraph Two of Article 97 or the crime prescribed in Paragraph One of Article 143 of the Criminal Code and surrenders within 3 months after committing the crime shall be exempted; the punishment condemned for a person who surrenders after the aforesaid 3-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 112
The political party recommending any candidate who commits the crimes referred to in the provisions prescribed in Articles 94-96, Paragraphs One and Two of Article 97, Subparagraph 1 of Paragraph One of Article 98 or the attempted offense, Article 99, Subparagraph 1 of Paragraph One of Article 102 or the planned offense, Article 109 and the crimes prescribed in Article 142 or Articles 145-147 of the Criminal Code with the determined judgement shall be fined a sum of of not less than NT$500,000 and not more than NT$5,000,000 in accordance with the number of determined candidates.
Any candidate recommended by a political party who commits the crimes prescribed in Articles 271, 277, 278, 302, 304, 305, 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 113
If there are provisions of severer punishment for the crime prescribed in this Chapter in other laws, such provisions shall apply.
If any of the personnel handling election and recall affairs commits 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 Subprovisions of the Criminal Code and is thus sentenced to fixed-term imprisonment shall be deprived of public rights in addition.
Article 114
If an in-service civil servant already registered as a candidate commits any of the following actions, the election commission shall, after the circumstance is confirmed through investigation, notify the competent authority in charge of the civil servant to suspend him / her from performing duty first and handle the case according to law:
1. Refusal to provide assistance or dispatch personnel at the request of the election commission without any due reason.
2. Interference in the personnel or operating affairs of the election commission.
3. Employment or embezzlement of public money as campaign funds in a nominal way.
4. Requiring a subordinate association or an association under his / her direction or supervision and the principal of the association involved to support him / her in campaign.
5. Utility of the authority to maneuvers the personnel without cause and to make personnel arrangement for campaign in advance.
Article 115
For the election and recall of central civil servants, the Prosecutor General of the Supreme Prosecutors' Office shall lead the prosecutors of specific levels, or for the election and recall of local civil servants, the Prosecutor General of the Prosecutors Office shall lead the subordinate prosecutors 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 or surrender of such cases made by the government agencies, associations or individuals and investigate immediately and handle the cases with necessary measures.
The prosecutors may command the juridical police to conduct the investigation of the cases referred to in the preceding Paragraph in accordance with the provisions of the Criminal Procedure Code and the Act Governing Dispatch of Juridical Police.
Article 116
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 6 months.
Article 117
An electee who commits the crimes set forth in Paragraphs One to Three of Article 97, Paragraphs One and Two of Article 99, Paragraphs One to Three of Article 100, Subparagraph 1 of Paragraph One of Article 102 or the planned offense, or Article 103 and is thus sentenced to fixed-term imprisonment without probation shall be suspended from the position or powers on the day of the determined judgement certes.
The person whose position or powers is suspended in accordance with the provision of the preceding Paragraph shall resume his / her position by the expiration of the tenure if the innocence is commuted.