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Chapter Law Content

Title: Communicable Disease Control Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 6 Penal Provisions
Article 61
During the period the central epidemic command center is in existence, individuals who hoard resources that the competent authorities have already started to requisite for purposes of price speculation or to force up prices under serious circumstances shall be sentenced to imprisonment from one year up to seven years, and may also be fined up to NT$ 5 million.
Article 61-1
Individuals who endanger the normal functioning of the equipment or computer server room of the communicable disease surveillance and warning system established by the central competent authority in accordance with Article 26 by theft, destruction, or other illegal means shall be sentenced to imprisonment for a term of one to seven years and a fine of up to NT$10 million.
Individuals who commit an offense specified in the preceding paragraph with the intent to endanger national security or social stability shall be sentenced to imprisonment for a term of three to ten years and a fine of up to NT$50 million.
Where any of the situations specified in the preceding two paragraphs results in a disaster, the punishment will be increased by half; where the situation results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than seven years and a fine of up to NT$100 million; where the situation results in serious injury, the offender shall be sentenced to imprisonment for a term of five to twelve years and a fine of up to NT$80 million.
An attempt to commit an offense prescribed in Paragraph 1 or Paragraph 2 is punishable.
Article 61-2
Individuals who endanger the normal functioning of the communicable disease surveillance and warning system established by the central competent authority in accordance with Article 26 by any of the following means shall be sentenced to imprisonment for a term of one to seven years and a fine of up to NT$10 million:
1. Gaining access to the computer system or related equipment by entering the password of the computer account, cracking the security measures of the computer, or exploiting vulnerabilities of the computer system without any reason.
2. Interfering with the computer or related equipment without any reason by using computer programs or other electromagnetic methods.
3. Obtaining, deleting, or altering magnetic records of the system computer or related equipment without reason.
Individuals who make computer programs specifically for themselves or others to commit the offenses specified in the preceding paragraph shall also be punished.
Individuals who commit an offense specified in the preceding two paragraphs with the intent to endanger national security or social stability shall be sentenced to imprisonment for a term of three to ten years and a fine of up to NT$50 million.
Where any of the situations specified in the preceding three paragraphs results in a disaster, the punishment will be increased by half; where the situation results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than seven years and a fine of up to NT$100 million; where the situation results in serious injury, the offender shall be sentenced to imprisonment for a term of five to twelve years, and a fine of up to NT$80 million.
During the period when the central epidemic command center is in operation, the punishment for individuals who commit any of the offenses specified in Paragraph 1 to Paragraph 3 shall be increased by half.
An attempt to commit any of the offenses specified in Paragraph 1 to Paragraph 3 is punishable.
Article 62
Persons who are fully aware that they have been infected by Category 1, category 5 or multidrug-resistant tuberculosis of category 2 communicable diseases, but fail to comply with instructions by the competent authorities and have thus infected others shall be sentenced to imprisonment for up to three years, criminal detention, or a fine up to NT$ 500,000.
Article 63
Persons who disseminate rumors or incorrect information concerning epidemic conditions of communicable diseases, resulting in damages to the public or others, shall be fined up to NT$ 3,000,000.
Article 64
Any person having one of the following conditions shall be fined NT$ 90,000 up to NT$ 450,000:
1. physicians in violation of the regulations of Article 39;
2. forensic physicians in violation of the regulations of Article 39;
3. persons other than physicians in violation of the regulations of Paragraph 1 of Article 40;
4. medical personnel and persons who learn about relevant information of patients with or suspected of having communicable diseases through their practices and are in violation of the regulations of Article 10;
5. In violation of the regulations of Paragraph 2 of Article 34.
Article 64-1
Any person in violation of the regulations of Article 9 shall be fined NT$ 100,000 up to NT$ 1,000,000.
Article 65
Medical institutions having one of the following conditions shall be fined NT$ 300,000 up to NT$ 2,000,000:
1. when a physician or other personnel employed by a medical institution is penalized in accordance with the regulations provided under any subparagraph of Article 64 or under the preceding article, the institution shall also be penalized;
2. when refusing, evading or obstructing the admission and care of patients with communicable diseases as ordered by competent authorities in accordance with the regulations of Paragraph 1 of Article 14;
3. when in violation of the regulations of Paragraph 1 of Article 29, or Paragraph 4 or Paragraph 5 of Article 39.
Article 66
When the personnel at an academic or research institution is penalized in accordance with the regulations of Article 64-1 for violation of the provisions of Article 9, the institution shall also be fined NT$ 300,000 up to NT$2,000,000.
Article 67
Meeting any one condition of the following is subject to a fine of NT$60,000 to NT$300,000:
1. In violation of the regulations of Paragraph 2 of Article 20 concerning stockpile, allocation, validity management, or refusing inspections by the competent authority, the regulations of Paragraph 4 of Article 30 concerning fine payment deadlines, and restrictions, prohibition, or management ordered by local competent authorities in accordance with the regulations of Article 35;
2. Refusing, evading, or obstructing supervision and instruction conducted by competent authorities in accordance with the regulations of Paragraph 2 of Article 29 and Paragraph 1 of Article of Article 32, or measures taken in accordance with the regulations of Subparagraph 1 through Subparagraph 5, Paragraph 1 of Article 37;
3. In violation of the regulations of Paragraph 1 of Article 38, Paragraph 2 of Article 43, Paragraph 4 of Article 50, or in violation of the measures implemented by the competent authorities in accordance with the regulations of Paragraph 1 of Article 44, Paragraph 1 of Article 45;
4. In violation of orders of the competent authorities made in accordance with the regulations of Paragraph 1 of Article 48 c on erring detention for testing, inspection, immunization, medication,or other necessary measures;
5. Refusing, evading, obstructing concerning use by priority, requisition, or allocation made by government organizations at various levels in accordance with the regulations of Article 52, Paragraph 2 of Article 53, or Paragraph 1 of Article 54.
For medical care institutions that are in violation of the regulations of Paragraph 1 of Article 32 and fail to execute regulations of competent authorities, or that are in violation of the regulations concerning measures of infection control regulated by the central competent authority in accordance with the regulations of Paragraph 2, Article 32, competent authorities may order such institution to correct in time, and, may, depending on the gravity of the circumstances, impose a penalty as per following:
1. A fine of NT$60,000 up to NT$300,000.
2. Suspension of operation totally or partially till improvement is made.
Article 68
Violation of the regulations regarding prohibition or management regulated by competent authorities in accordance with the regulations of Article 23 is subject to a fine of NT$60,000 up to NT$300,000; and under serious circumstances, a suspension of operation for up to one year may also be imposed.
Article 69
Meeting any one of the following conditions shall be fined NT$10,000 up to NT$150,000; if necessary, improvement to be made in due time may be ordered, and if improvement is not made in due time, fine may be imposed each time:
1. Violation of the regulations of Article 11, Article 12. Article 31, Paragraph 3 of Article 58, Paragraph 1 of Article 59, or the regulations decided the central competent authority under the authorization of Paragraph 3 of Article 34 regarding possession, use of infectious biological materials, bio-safety management of laboratories, and reporting to competent authorities.
2. Refusing, evading, and obstructing supervision and inspection conducted by competent authorities in accordance with Paragraph 2 of Article 33.
3. Failing to report in accordance with the regulations of Article 42.
4. Violation of the orders of restriction or prohibition issued by competent authorities in accordance with the regulations of Article 60.
5. Violation of the regulations of Subparagraph 1, Subparagraph 1, Subparagraph 2, Subparagraph 4, Paragraph 1 of Article 46, Article 49, Paragraph 1 of Article 50, and failing to cooperate in the collection of specimens, laboratory testing, reporting, disinfection, or management.
Violation of the regulations of Paragraph 2 of Article 33 and failing to execute the regulations of competent authorities, or the regulations decided by the central competent authority in accordance with the regulations of Paragraph 3 of Article 33 regarding the execution of infection control measures, competent authorities may order improvement in due time, and may render the following penalty:
1. Impose a fine of NT$10,000 up to NT$150,000.
2. Suspend operation of business totally or partially until improvement is made.
Article 70
Any person meeting one of the following conditions shall be fined NT$ 3,000 up to NT$ 15,000; when necessary, a deadline may be given for correction, and ,if however, correction is not made in due time, fines will be levied successively:
1.when violating the regulations outlined in Paragraph 2 of Article 25;
2.when refusing, evading or obstructing the orders such as examination, treatment or other measures of disease control and quarantine decided by competent authorities in accordance with the regulations outlined in Article 36;
3.when refusing, evading or obstructing the disease control measures announced by government organizations at various levels in accordance with the regulations outlined in Subparagraph 6, Paragraph 1 of Article 37;
4.when violating regulations concerning preservation of specimens and the pathogenic agents detected thereof in accordance with the regulations outlined in Paragraph 2 of Article 46.
Organizations with conditions described in Subparagraph 1 of the preceding Paragraph, if improvements are not made in due time and if the problems are grave, when necessary, may be ordered to suspend operation or business.
Article 71
All the punishments such as fines, suspension of business operation regulated in this Act, except violations of the regulations outlined in Article 34 that shall be executed by the central competent authority, shall be executed by the local competent authorities. Any person meeting one of the following conditions, however, may receive punishment executed by the central competent authority:
1.when violating the regulations outlined in Article 9, Article 58 through Article 60;
2.when violating the regulations outlined in this Act during the period the central epidemic command center is in existence.