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Print Time:113.04.19 13:54

Content

Title Criminal Code of the Republic of ChinaCH
Date 2022.01.12
Legislative Amendment to Article 78、79、140、141、266 promulgated on January 12, 2022
Content

Article 78

During the period of parole, if the offender has intentionally committed another crime for which he is sentenced to an imprisonment of more than six months by a final judgment, his parole shall be revoked.

During the period of parole, if the offender has intentionally committed another crime for which he is sentenced to probation or an imprisonment of less than six months by final judgment, and if it is necessary to execute the punishment of the imprisonment again, his parole may be revoked.

The revocation under the proceeding two paragraphs shall be rendered within six months after the judgment becomes final. However, this shall not apply if the period of parole has expired for three years.

The number of days spent out of prison after the revocation of a parole shall not be calculated as part of the period of the punishment of imprisonment.

Article 79

If a parole has not been revoked after twenty years of parole for the offenders of life imprisonment or during the remaining portion of sentence for the offenders of imprisonment, the unexecuted portion of the sentence shall be considered to have been executed; however, this shall not apply to a parole revoked in accordance to Paragraph 3 of Article 78.

The period served in execution of a punishment, detention, or other restriction on freedom for another crime during the period of parole shall not be included in the calculation of the period of parole. However, this shall not apply to the period of detention or other restriction on freedom made according to law before the final judgment of non-prosecution or acquittal is announced.

Article 140

A person who insults a public official during the discharge of his legal duties or publicly make insults about his discharge of such legal duties shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one hundred thousand New Taiwan Dollars.

Article 141

A person, who with purpose to insult a public official, damages, removes, or disfigures a proclamation posted in a public place shall be sentenced to short-term imprisonment or a fine of not more than sixty thousand New Taiwan Dollars.

Article 266

A person who gambles in a public place or a place open to the public shall be sentenced to a fine of not more than fifty thousand New Taiwan Dollars.

The same shall apply to the gambling via telecommunication equipment, electronic communication, internet, or other similar means.

The provisions of the proceeding two paragraphs shall not apply to the item of gambling which is provided for temporary amusement.

For the offence under Paragraph 1, the gambling apparatus and lottery found at the site or at the gambling table or place for exchange of gambling tokens shall be confiscated whether or not it belongs to the offender.

 

 

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