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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Anti-Infiltration Act CH
Announced Date: 2020-01-15
Category: Executive Yuan(行政院)
Article 1
This Act is enacted to prevent the infiltration and intervention of foreign hostile forces, to ensure national security and social stability, and to safeguard the sovereignty and liberal democratic constitutional order of the Republic of China.
Article 2
The terms used in this Act are defined as follows:
1. Foreign hostile forces:
This term refers to countries, political entities or groups that are at war with or are engaged in a military standoff with the Republic of China. The same stipulation applies to countries, political entities or groups that advocate the use of non-peaceful means to endanger the sovereignty of the Republic of China.
2. Sources of infiltration:
(1) The government and affiliated organizations or institutions of the foreign hostile forces, or persons dispatched by them.
(2) The political parties or other political organizations of the foreign hostile forces, or persons dispatched by them.
(3) The organizations, institutions, or groups established by or de facto controlled by the organizations, institutions or groups referred to in the preceding two items, or persons dispatched by them.
Article 3
No person shall contribute political donations or donate funds for activities related to a referendum if the person is instructed, commissioned or funded by the sources of infiltration.
Any person who violates the preceding paragraph shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than NT$10 million may be imposed.
Article 4
No person shall commit any acts stipulated in Article 43 of the Presidential and Vice Presidential Election and Recall Act or Article 45 of the Civil Servants Election and Recall Act if the person is instructed, commissioned or funded by the sources of infiltration.
Any person who violates the preceding paragraph shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than NT$10 million may be imposed.
Article 5
No person shall commit any form of lobbying stipulated in Article 2 of the Lobbying Act if the person is instructed, commissioned or funded by the sources of infiltration.
Any person who violates the preceding paragraph shall be imposed a fine of not less than NT$500,000 and not more than NT$5,000,000.
Any person who violates Paragraph 1 by lobbying for matters of national security and classified information in the areas of national defense, foreign affairs and Mainland affairs shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than NT$5,000,000 may be imposed.
Fines under Paragraph 2 shall be carried out by corresponding authorities stipulated in Article 29 of the Lobbying Act.
Article 6
Any person who commits crimes stipulated in Articles 149 to 153 of the Criminal Code or Article 31 of the Assembly and Parade Act if the person is instructed, commissioned or funded by the sources of infiltration shall be sentenced in accordance with related provisions and his punishment shall be increased by up to one half.
Article 7
Any person who commits crimes stipulated in Chapter 5 of the Presidential and Vice Presidential Election and Recall Act, Chapter 5 of the Civil Servants Election and Recall Act or Chapter 5 of the Referendum Act if the person is instructed, commissioned or funded by the sources of infiltration shall be sentenced in accordance with related provisions and his punishment shall be increased by up to one half.
Article 8
When legal entities, organizations or other institutions violate the provisions of Articles 3 to 7 of this Act, the punishment is to be imposed on the person responsible for the violation. The legal entities, organizations or other institutions shall also be imposed fines or penalties stipulated in each such article.
Article 9
Sources of infiltration who proceed with the acts stipulated in Articles 3 to 7 of this Act, or instruct, commission, or fund others to proceed the acts stipulated in Articles 3 to 7 of this Act, shall be punished in accordance with the provisions stipulated in each such article. The same stipulation applies to any person who is instructed, commissioned or funded by the sources of infiltration and then forwards the instruction, commission or funding to others.
Article 10
Any person who violates this Act and turns himself in for trial or confesses during investigation or trial shall have his punishment reduced or remitted. Any person who confesses an offense and the confession thus prevents national security or interests from being significantly damaged shall have his punishment remitted.
Article 11
Each level of governmental authority that becomes aware of any violation of the provisions of Articles 3 to 9 of this Act shall transfer or forward the case to the prosecutorial agency or the judicial police agency for investigation.
Article 12
This Act shall take effect on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)