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Article 10
1. The Ministry of Justice shall deny assistance in one of the following circumstances:
(1) The provision of assistance will be detrimental to ROC (Taiwan)’s sovereignty, national security, public order, international reputation or any other significant public interest of ROC (Taiwan).
(2) The provision of assistance will prejudice the individuals involved and may result in the person’s punishment or any other detrimental infliction because of the person’s race or ethnic origin, nationality, gender, religion, social class, or political opinion.
2. The Ministry of Justice may deny assistance in one of the following circumstances:
(1) The request is not made in conformity with this Act.
(2) The provision of assistance violates the principle of reciprocity as referred to in Article 5.
(3) The requesting party fails to provide any assurance defined under Article 16, Paragraph 4 of Article 19, Article 20, or an undertaking of reciprocity.
(4) The acts or omissions described in request do not constitute an offense in ROC (Taiwan).
(5) The wrongdoings specified in the request are violations of martial law, instead of violations of criminal law applicable to civilians.
(6) The provision of assistance could interfere with other ongoing investigation, prosecution, trial, enforcement or any other criminal proceedings in ROC (Taiwan).
(7) The wrongdoings upon which the request is based have been determined and bound by a decision of not-to-prosecute, deferred prosecution, or withdrawal of prosecution, or a judgment, a ruling of not-to-hear-the-case, of not-to-apply-protective-measures, or of protective-measures pursuant to the Code of Criminal Procedure or the Juvenile Delinquency Act, which is final and irrevocable.
3. In one of the circumstances referred to in the preceding paragraphs, the Ministry of Justice may approve the request after the Requesting Party gives necessary supplemental material or documentation or otherwise revises the request as this Act requires.