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Chapter Law Content

Title: Criminal Code of the Armed Forces CH
Category: Ministry of National Defense(國防部)
Part Two Special Provisions
Chapter Ⅴ: OTHER MILITARY OFFENCES
Article 53
A person who by violence, treats or other ways kidnaps military vessel, aircraft or controls its navigation shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
An attempt to commit an offence specified in the preceding paragraphs is punishable.
A person who prepares to commit an offence specified in paragraph Ⅰ shall be punished with imprisonment for not less than six months and not more than five years.
Article 54
A person who drives a motor vehicle in any one of the following circumstances shall be sentenced to imprisonment for not more than two years; in addition thereto, a fine of not more than NT$300,000 may be imposed:
1. the person’s exhalation contains alcohol of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is 0.05 percent or more.
2. there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed alcohol or other similar substances which prevent the person from driving safely.
3. the person uses drugs, narcotics or other similar substances that prevent the person from driving safely.
If the offense results in death, the offender shall be sentenced to imprisonment for not less than three years but less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who has once committed the offense set forth in this article or in Article 185-3 of the Criminal Code of the Republic of China and been judged guilty or subject to deferred prosecution but commits the offense set forth in paragraph 1 again within five years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years; in case of serious physical injury, such person shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who drives an official or military motor vehicle commits an offense set forth in this article may have the punishment prescribed for such offense increased by half.
Article 55
A person who attacks hospital, medical installation, medical transportation or medical staff with reasons shall be punished with imprisonment for not less than one year and not more than seven years. The Code also applies to a person who attacks a negotiation representative or a field correspondent.
Article 56
A person who grabs belongings of the dead or the injured soldiers from his own country, friendly country or the enemy without reason shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the preceding paragraphs is punishable.
Article 57
A person who goods and materials, installation or financial resources of the people without following the requisitions shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the preceding paragraphs is punishable.
Article 58
A person who destroys military airport, harbor, tunnel, blockhouse, strategic point, military vessel, aircraft, vehicle, arms, ammunition, radar, signal communication, information facilitates and equipments, or other important military facilitates and materials for war, or otherwise making the military facilities useless and material for military use shall be punished with imprisonment for life or imprisonment for not less than seven years.
A person who commits the offence negligently shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits an offence specified in paragraph Ⅰin wartime shall be punished with death or imprisonment for life; a person who commits paragraph Ⅱ may have the punishment increased up to one half.
An attempt to commit an offence specified in the paragraph Ⅰand Ⅲ is punishable.
A person who prepares to commit an offence specified in paragraph Ⅰ shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
If the offence of the four paragraphs is committed the punishment may be reduced.
Article 59
A person who destroys, damages or causes a military factory useless, depot, dock, bridge, road and waterway, oil, army provisions, raw materials for producing arms, ammunition or other important military facilitates shall be punished with imprisonment for not less than three years and not more than ten years.
If the offence of the four preceding paragraphs is committed shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits the offence negligently shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
A person who commits an offence specified in paragraph Ⅰin wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; a person who commits paragraph Ⅱ may have the punishment increased up to one half.
An attempt to commit an offence specified in the paragraph Ⅰand Ⅲ is punishable.
If the offence of the three preceding paragraphs is committed the punishment may be reduced.
Article 60
A person who destroys, damages or causes the military facilitates useless against the two preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
Prosecution for an offence specified in the preceding articles may be instituted only upon complaint.
Article 61
A person who endangers public or military security by losing arms, ammunition or other materials military operations shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
Article 62
A person who damages historic monuments or historical cultural relics without reason in wartime shall be punished with imprisonment for not more than five years.
If the offence of the four preceding paragraphs is committed under serious circumstances shall be punishment with imprisonment for not less than one year and not more than seven year.
Article 63
A person who exports, interferes, changes electromagnetic records or hinders its accuracy by other illegally means shall be punished with imprisonment for not more than five years.
If the offence committed in wartime shall be punished with imprisonment for not less than three years and not more than ten years. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than seven years.
Article 64
A person who illegally occupies military arms or ammunition shall be punished with imprisonment for not less than three years and not more than ten years.
A person who commits the offence of the preceding paragraph with intent to commit a crime for him self or for others shall be punished with imprisonment for life or imprisonment for not less than ten years.
A person who illegally occupied military materials that were not mentioned in the preceding paragraph shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the three preceding paragraph is punishable.
If the offence of preceding paragraphⅠand Ⅲ is committed shall be punished with imprisonment for not more than five years.
Article 65
A person who manufactures, sales or transports military arms or ammunition without authorization shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offence of the preceding paragraph with intent to facilitate himself or others to commit a crime shall be punished with death or imprisonment for life.
A person who manufactures, sales or transports the main components of military arms or ammunition without authorization shall be punished with imprisonment for life or imprisonment for not less than seven years.
An attempt to commit an offence specified in the three preceding paragraph is punishable.
Article 66
Any person who makes any false military order, document, or other statement knowing it to be false shall be punished by imprisonment for not more than 5 years; if the commission of preceding crimes causes the injury to military interest, the offender shall be punished by imprisonment for life or for not less than seven years.
Any person who, during wartime, commits an offense specified in the forepart of preceding paragraph shall be punished by death, imprisonment for life, or for not less than ten years; if the commission of preceding crimes causes the injury to military interest, the offender shall be punished by death or imprisonment for life.
Any person who negligently commits an offense specified in the forepart of preceding paragraph shall be punished by imprisonment for not less than three and not more than ten years.
Any person who unfaithfully or fails to transmit or report any military order, document, or other statement shall be punished in accordance with the provisions of preceding paragraphs.
Article 67
A person who commits violence, threats, or intimidation to a guard, sentry, or a person who takes the duty of guarding on the alert or on transmission shall be punished with imprisonment for not less than six months and not more than five years.
A person who is involved and commits the offence of the preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan; the ringleader shall be punished with imprisonment for not less than three years and not more than ten years; a person who actually commits shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the two preceding paragraph is punishable.
Article 68
A person who commits violence, threats, or intimidation to a person who takes the duty that is not mentioned in the preceding paragraph shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who is involved at present and commits the offence of the preceding paragraph shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan; the ringleader shall be punished with imprisonment for not less than one year and not more than seven years; a person who actually commits shall be punished with imprisonment for not less than six months and not more than five years.
An attempt to commit an offence specified in the two preceding paragraph is punishable.
Article 69
A person who forms a gang more than three persons and occupies a government office, railway, highway, railway station, port, airport, broadcasting station, television station, telecommunication station or other similar places forcibly shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the preceding paragraph is punishable.
Article 70
A person who insults a guard, sentry, or a person who takes the duty of guarding on the alert or on transmission presently or insults the duty that is in execution publicly shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
Article 71
A person who defrauds a guard, sentry, or a person who takes the duty of guarding on the alert to pass the place on the alert, or to pass with recalcitrance shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
Article 72
A person who fabricates or disseminates a rumor or false information regarding military for purpose that it be communicated to the pubic shall be subject to imprisonment for not more than three years, detention, or a fine of not more than NT$300,000.
A person who commits an offense specified in the preceding paragraph through broadcasting TV, electronic communication, Internet or other media may have the punishment prescribed for such offense increased by half.
Article 73
A person who intends to influence a person who has the power to appoint, propose, deliberate, ratify the decision of appointment, promoting, degradation and sends fake information which is disadvantageous to others anonymously shall be punished with imprisonment for for not more than one year, detention, or a fine of not more than 100,000 yuan.
A person who knows the anonymous information is fake still offers a person who has the power of investigation or the authority of personnel office as referring shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 50,000 yuan.
Article 74
A person who openly without authority wears the uniforms or badges or makes use of the military titles of a soldier shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
A person who commits the offence of the preceding paragraph and exercises powers as such shall be punished with imprisonment for not more than five years.
Article 75
A person who gambles in the area of military base, vessel, structures or other military places shall be punished with imprisonment for not more than six months, detention, or a fine not more than 50,000 yuan may be imposed unless the item which he gambles is the one to provide temporary entertainment.
A commander who harbors a subordinate who gambles or assembles persons to gamble shall be punished with imprisonment for not more than five years.
Gambling apparatus at the site found at the gambling table or place for exchange of gambling tokens shall be confiscated whether or not it belongs to the offender.