Goto Main Content
:::

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 7 years, anyone who infringes the provision of Subparagraph 2 shall be condemned to fixed-term imprisonment of not less than 5 years, and anyone who infringes the provision of Subparagraph 3 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 7 years, and the principal plotter shall be condemned to life imprisonment or fixed-term imprisonment of not less than 10 years.
Attempted offense of 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 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 82
For those who gather a mob and commit the crime prescribed in the preceding Article, the accessaries shall be condemned to fixed-term imprisonment or penal servitude of not more than 3 years or fined a sum of NT$300,000, and the principal plotter and the persons who conducts the violation or intimidation 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 conducts the violation or intimidation 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 83
(deleted)
Article 84
Anyone who asks for expected promise or asks a candidate or a person having the qualification of candidate to abandon the campaign or conduct certain actions on by offering bribes or other undue benefits shall be condemned to fixed-term imprisonment of not less than 3 years and not more than 10 years, and fined a sum of not less than NT$2,000,000 and not more than NT$20,000,000.
A candidate or any person having the qualification of candidate who asks for futures or accepts bribes or other undue benefits by promising to abandon the campaign or conduct certain action shall also be punished in accordance with the provision of the preceding Paragraph.
Anyone who plans to commit the crime prescribed in the preceding two Paragraphs shall be condemned to fixed-term imprisonment of not more than 1 year.
The bribes prepared or used to ask for promise or offered by the person who commits the crime prescribed in Paragraph One or the preceding Paragraph, whether owned by the criminal or not, shall be confiscated.
Article 85
Anyone who commits any of the following actions by violation, intimidation or other illegal method shall be condemned to fixed-term imprisonment of not more than 5 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.
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.
Article 86
Any person who conducts appointment bribery, bribery delivery, or unjust interests toward those entitled to vote for not voting or for specific voting result, may be imposed with penalty of imprisonment more than 3 year and less than 10 years or associated with fines above NT 1 million dollars and below NT 10 million dollars.
The intending offender of the above-mentioned behaviors may be imposed of penalty of imprisonment less than 1 year.
The money of the above-mentioned bribery shall be confiscated without regarding whether it belongs to the offender.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and surrendering himself to the authority within 6 months after the offense, may be reduced for or exempted from punishments, or may be exempted from an punishments when he cooperates to detect the candidate as the principal offender or joint offender.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and confessing himself during investigation, may be reduced for punishment, and may be reduced for or exempted from punishments when he assists to detect the candidate as the principal offender or joint offender.
Article 87
Anyone who conducts any of the following actions shall be condemned to fixed-term imprisonment of not less than 1 year and 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:
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 a proposal 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 1 year.
The bribes prepared, used or delivered by the criminal, whether owned by the criminal 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 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.
Attempted offense of the crime prescribed in the preceding Paragraph shall also be punished.
Article 89
During nomination period since declaration of nomination process the political party shall follow Paragraph 1 and Paragraph 2 of Article 84 to discipline candidates who conduct behaviors prescribed in those paragraphs, when holding recommendation for its president and vice president nominees, and abide by Paragraph 1 of Article 86 to discipline the legitimate voters who conduct behaviors specified in the paragraph.
The intending offender of the above-mentioned behaviors may be imposed of penalty of imprisonment less than 1 year.
The money in appointment bribery, bribery delivery, or bribery reception shall be confiscated without regarding whether it belongs to the offender.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and surrendering himself to the authority within 6 months after the offense, may be reduced for or exempted from punishments, or may be exempted from an punishments when he cooperates to detect the candidate as the principal offender or joint offender.
The offender conducting the mal behaviors mentioned in Paragraph 1 or Paragraph 2, and confessing himself during investigation, may be reduced for punishment, and may be reduced for or exempted from punishments when he assists to detect the candidate as the principal offender or joint offender.
The offender intending for making profits in preceding the process prescribed in Paragraph 1 shall be disciplined according to the previous article.
The attempt of offense specified in the previous paragraph shall be punished.
Article 100 shall be applicable when the political party holds nomination of its president and vice president candidates.
The political party shall declare relevant issues about nomination process and specify preceding period and process, candidates, and verification of legitimate electors when holding its nomination. The nomination announcement shall be reported to the Ministry of Interior for future reference within 5 days after declaration.
Article 90
Anyone who diffuses rumor or spread false saying by text, picture, audio tape, video tape, speech or other method for the purpose of making a candidate elected or not elected and thus causing damages to the public or others shall be condemned to fixed-term imprisonment of not more than 5 years.
Article 91
Anyone who infringes the provision of Paragraph Two of Article 59 or Paragraph Three of Article 74, or conducts any of the actions 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 2 years, or fined a sum of not more than NT$200,000.
Article 92
For any of the following actions conducted in the proceeding of election or recall, the accessaries 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, and the principal plotter and the persons who conducts the action shall be condemned to fixed-term imprisonment of not more than 5 years
1. Gather a mob to surround the working place or residence of a presentee of joint signature, joint signer, candidate, recalled, proposer or consenter of a proposal of recall.
2. Gather a mob to encumber a presentee of joint signature, joint signer, candidate, or the recalled person's 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 1 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 1 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 condemned to fixed-term imprisonment or penal servitude of not more than 1 year or fined a sum of not more than NT$30,000.
Anyone who infringes the provision of Paragraph Four of Article 61 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 94
Anyone who withholds, destroys, hides, replaces or captures the voting box, ballots for recall, the list of electors, the report form of voting, the report form of ballot counting, the statistics of ballot counting, or the tool for the voters' making choices 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 95
(deleted)
Article 96
Anyone who infringes the provision of Article 42, Article 43, Paragraph One or Two 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 or TV enterprise that infringes the provision of Paragraph One or Two of Article 46 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000.
Any newspaper or magazine that does not state the name of the political party or candidate in the advertisement in accordance with the provision of Article 47 shall be fined a sum of not less than NT$200,000 and not more than NT$2,000,000, or a sum doubling the price of the advertisement.
Anyone who infringes the provision of Article 50 or Article 52 shall be fined a sum of not less than NT$500,000 and not more than NT$5,000,000; if the person infringing the provision of Article 50 does not obey persuasion, consecutive punishment may be imposed.
If a political party, juridical person or association other juridical person that infringes the provision of Paragraph One or Two of Article 48, the representative or the actor shall be punished in accordance with the provision of Paragraph One; in case of infringement of the provision of Article 50 or Article 52, the representative or the actor shall be punished in accordance with the provision of the preceding Paragraph.
If anyone infringes the provision of Paragraph One or Two of Article 48 and pastes promotional literatures or hang or erect advertising articles for campaign, the competent authority shall notify the competent authority in charge of environmental protection to dispose them as wastes.
If a public communication media is commissioned to publish or play campaign advertisement or distribute promotional literatures along with newspapers, thus infringing the provision of Paragraph Two of Article 50, the consigner and the consignee shall be punished in accordance with the provision of Paragraph Five.
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
If the 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 surrenders within 3 months after committing the crime, the punishment shall be exempted, if he/she surrenders after 3 months, the punishment shall be alleviated or exempted; if he/she confesses in the process of investigation or in the juridical procedure, the punishment 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
If the candidates recommended by a political party commit any of the crimes prescribed in Articles 80 to 82, Paragraphs One and 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 to 147 of the Criminal Code, and the judgement is determined, the political party shall be fined a sum of not less than NT$5,000,000 and not more than NT$50,000,000.
If the candidates recommended by a political party commit any of the crimes prescribed in Articles 271, 277, 278, 302, 304, 305 and 346~348 or the crimes prescribed in its Special Act, and the judgement is determined, the punishment shall be imposed in accordance with the provision of 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 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, the punishment shall be aggravated by a half.
If a person 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, he/she shall also be deprived of public rights.
Article 100
The Prosecutor General of the Prosecutors Office under the Supreme Court shall lead the prosecutors to monitor and supervise the election and recall of President and Vice President, 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 carry out investigation and handle the cases measures in time.
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 within 6 months.