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Content

Title Organized Crime Prevention ActCH
Date 2023.05.24
Legislative Amended to Article3、4、6-1、7、8、13 promulgated on May 24, 2023
Content

Article 3  

The person initiating, hosting, controlling or directing a criminal organization must be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than TWD 100,000,000 may be imposed; a participant of such criminal organization shall be sentenced to imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than TWD 10,000,000 may be imposed. Nevertheless, where the level of participation is considered minor, the punishment may be reduced or omitted.

Where a person using verbal, action, text or other methods to explicitly or implicitly express that he or she is a member of a criminal organization or is associated with a criminal organization or its members in order to demand others to perform any one of the following actions, such person shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than TWD 3,000,000 may be imposed:

1. To sell property, provide investment or shares of a commercial entity or abandon the right of business operation.

2. To cooperate in handling procedures for urban renewal and reconstruction.

3. To purchase products or pay labor remunerations.

4. To accept debts or accept the results of debt negotiations.

The “criminal organization” described in the preceding paragraph is not required to be an existing one.

The same applies if the action, as described in the second paragraph, is one of the following:

1. To cause a person to perform acts that are not obligatory, or to interfere with the exercise of his or her rights.

2. A gathering of three or more persons in a public place, or a place that the public must use to enter or exit, and such a gathering has been ordered by the civil servant in charge to disband more than three times and fails to do so.

A person attempting to commit a crime as described in paragraph 2, or subparagraph 1 of the preceding paragraph, shall be penalized.

 
Article 4

A person recruiting others to join a criminal organization is sentenced to imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than TWD 10,000,000 may be imposed.

A person who intends to cause another person to commit a crime outside the territory of the R.O.C. and commits the crime, as described in the preceding paragraph, shall be punished with imprisonment for a term not less than one year and not more than seven years, and may also be fined up to TWD 20,000,000.

Where an adult recruits’ persons under the age of eighteen to join a criminal organization, the punishment described in the preceding two paragraphs shall be increased by up to one half.

A person using threats, violence or other illegal methods to cause others to join a criminal organization or hinder its member from departing such organization is sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than TWD 20,000,000 may be imposed.

An attempt to commit an offense specified in the preceding four paragraphs is punishable.

 

Article 6-1

If a person, who is a civil servant, or an elected public official, commits a crime, as described in Article 3, Article 4, or Article 6, the punishment thereof shall be increased by up to one-half.

 

Article 7

If a person commits a crime, as described in Article 3, Article 4, Article 6, or Article 6-1, the property possessed by the organization, in which the said person participated, recruited, or financed, except for those that should be returned to the victims, should be confiscated.

If the source of obtaining the property can not be legally established, any property obtained by an offender acting in contravention of Article 3 and Article 6-1 of this Act after participating in the criminal organization shall be confiscated subsequent to deducting the portion to be returned to the victims.

 

Article 8

When a person who has committed offences described in Article 3 or Article 6-1 and surrenders himself for trial and of his own accord dismisses or departs from his criminal organization, his punishment may be reduced or omitted. When a criminal organization is discovered due to the information provided by such person, his punishment may also be reduced or omitted. When a person makes a confession during both the investigation and previous trials, his punishment may be reduced.

When a person has committed the offences described in Article 4, Article 6 or Article 6-1 and surrenders himself for trial, and a criminal organization under both Articles is discovered due to the information provided by that person, his punishment may also be reduced or remitted. When a person makes a confession during both the investigation and previous trials, his punishment may be reduced.

 

Article 13

If a person commits a crime, as described in this Act, has been rendered a judgment of guilty and becomes final may not register as a candidate for public office.

 

 

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