2007 Criminal Commutation Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=C0010026

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Article 1


This Act is enacted to commemorate the 20th anniversary of the lifting of martial law, and to give convicted offenders the opportunity to reform and correct their behavior.


Article 2


Unless otherwise provided by this Act, those offenders who were convicted prior to April 24, 2007 shall have sentences reduced pursuant to the following provisions:
1. Death penalty is commuted to life imprisonment.
2. Life imprisonment is commuted to 20 years of fixed-term imprisonment.
3. Fixed-term imprisonment, detention or fine shall have 1/2 of the sentence commuted or amount reduced.
Convicted offenders who are on suspension of sentence, or parole shall be deemed as having been commuted of their pronounced sentences in accordance with the proceeding paragraph starting from the date of enactment of this Act, and there is no need to petition for commutation judgment. However, those who have their suspension of sentence or parole revoked should still submit their petitions for commutation judgment in accordance with this Act.


Article 3


Offenders of the following offenses that have been sentenced to death penalty, life imprisonment, or fixed-term imprisonment exceeding 18 months shall not be commuted:
1. The offenses as stipulated in Article 4 to Article 6 of the Anti-Corruption Act. However, those who have their sentences commuted in accordance with Article 12 of the same Act are not subject to this restriction.
2. The offenses as stipulated in Article 87; Article 87-1; Article 87-2, second half of Paragraph 1, and Paragraph 2; Article 89, Paragraph 1 and Paragraph 2; Article 90-1, Paragraph 1; Article 90-2, Paragraph 1 and Paragraph 2; Article 91, Paragraph 1; and Article 91-1, Paragraph 1 of the Civil Servants Election and Recall Act.
3. The offenses as stipulated in Article 80; Article 81; Article 82, second half of Paragraph 1, and Paragraph 2; Article 84, Paragraph 1 and Paragraph 2; Article 86, Paragraph 1; Article 87, Paragraph 1; Article 88, Paragraph 1; and Article 89, Paragraph 1 and Paragraph 6 of the Presidential and Vice Presidential Election and Recall Act.
4. The offenses as stipulated in Article 7; Article 8; Article 12, Paragraph 1 to Paragraph 3; Article 13, Paragraph 1 and Paragraph 3 of the Act Governing the Control and Prohibition of Guns, Cannon, Ammunition, and Knives, and Article 10 and Article 11 of the Act Governing the Control and Prohibition of Guns, Cannon, Ammunition, and Knives promulgated prior to the amendment on January 26, 2005.
5. The offenses as stipulated in Article 3, Paragraph 1 and Paragraph 2; Article 4; Article 6 and Article 9 of the Organized Crime Prevention Act.
6. The offenses as stipulated in Article 9, Paragraph 1 and Paragraph 2 of the Money Laundering Control Act.
7. The offenses as stipulated in Article 4 to Article 6; Article 7, Paragraph 1 and Paragraph 2; Article 8, Paragraph 1 and Paragraph 2; Article 12; Article 15 of the Narcotics Hazard Prevention Act, and Article 4 to Article 6; Article 7, Paragraph 1 and Paragraph 2; Article 8, Paragraph 1 and Paragraph 2; Article 12 and Article 15 of the Narcotics Hazard Prevention Act promulgated before the amendment on July 9, 2003, as well as Article 5 to Article 8 of the Narcotics Elimination Act promulgated before the amendment on May 20, 1998.
8. The offenses as stipulated in Article 23 to Article 26; Article 27, Paragraph 1 to Paragraph 5; Article 30 and Article 31 of the Child and Adolescent Sexual Transaction Prevention Act.
9. The offenses as stipulated in Article 4 to Article 6, Article 9 and Article 10 of the Smuggling Penalty Act.
10. The offenses as stipulated in the Banking Act, the Financial Holding Company Act, the Credit Cooperatives Act, the Financial Asset Securitization Act, the Real Estate Securitization Act, the Trust Enterprise Act, the Security Finance Management Act, the Securities and Exchange Act, the Futures Trading Act, the Securities Investment Trust and Consulting Act, Insurance Act, or the Agricultural Finance Act.
11. The offenses as stipulated in Article 3 of the Penal Act of Offenses Against National Currency.
12. The offenses as stipulated in Article 82, Paragraph 1 and Paragraph 2; Article 83, Paragraph 1 and Paragraph 2 of the Pharmaceutical Affairs Act.
13. The offenses as stipulated in Article 100 and Article 101 of the Civil Aviation Act.
14. The offenses as stipulated in Article 50; Article 51, Paragraph 2; Article 52, Paragraph 1 and Paragraph 2 of the Forestry Act, and Article 32, Paragraph 2 of the Soil and water Conservation Act, and Article 34, Paragraph 2 of the Utilization and Transfer of Reserved Mountainous Land Act.
15. The offenses as stipulated in Article 135; Article 136, Paragraph 1 second half, and Paragraph 2; Article 173, Paragraph 1; Article 175, Paragraph 1; Article 176 where destruction with intention by using explosives to destroy objects as prescribed in Article 173; Article 185-1, Paragraph 1 to Paragraph 5; Article 185-2; Article 185-3; Article 186-1, Paragraph 2; Article 190, Paragraph 2; Article 190-1, Paragraph 3; Article 191-1, Paragraph 3; Article 196, Paragraph 1; Article 201; Article 221; Article 222; Article 224; Article 224-1; Article 225, Paragraph 1; Article 226; Article 226-1; Article 227, Paragraph 1; Article 228, Paragraph 1; Article 229, Paragraph 1; Article 242; Article 271; Article 272; Article 277, Paragraph 2; Article 278, Paragraph 1 and Paragraph 2; Article 280 where offenses against ascendants of lineal relatives as prescribed in Article 277, Paragraph 2 or Article 278, Paragraph 1 and Paragraph 2; Article 296; Article 296-1; Article 297; Article 298, Paragraph 2; Article 299; Article 302, Paragraph 2; Article 303 where offenses against ascendants of lineal relatives as prescribed in Article 302, Paragraph 2; Article 305; Article 320; Article 321; Article 325; Article 326; Article 328, Paragraph 1 to Paragraph 4; Article 329; Article 330; Article 332 to Article 334;Article 336, Paragraph 1 and Paragraph 2; Article 339; Article 342, Paragraph 1; Article 346; Article 347, Paragraph 1 to Paragraph 3; and Article 348 of the Criminal Code.
16. The offenses as stipulated in Article 223, Article 322, Article 327, Article 331, Article 340, and Article 345 of the Criminal Code promulgated before the amendment on July 1, 2006; Article 9, Paragraph 3 of the Money Laundering Control Act; Article 23, Paragraph 3, Article 24, Paragraph 3, Article 25, Paragraph 3 and Article 27, Paragraph 5 of the Child and Adolescent Sexual Transaction Prevention Act; Article 82, Paragraph 2 and Article 83, Paragraph 2 of the Pharmaceutical Affairs Act.
17. The offenses as stipulated in Article 2, Paragraph 1 and Paragraph 2; Article 3, Paragraph 1 and Paragraph 2; Article 4, Paragraph 1 and Paragraph 2; Article 5, Paragraph 1 and Paragraph 2; and Article 6 of the Act Governing the Punishment of Banditry before it was rescinded on January 30, 2002; Article 2, Paragraph 1; Article 3, Paragraph 1 and Article 4, Paragraph 1 of the Penalty Act Governing the Obstruction of Military Intelligence promulgated before it was rescinded on January 7, 2004.
18. The offenses as stipulated in Article 13-1, Paragraph 2, Subparagraphs 1 to 3 of the Narcotics Control Act promulgated before the amendments on June 2, 1999.
19. The offenses as stipulated in Article 20, the first half of Paragraph 1, Paragraph 2, and Paragraph 3; Article 21; Article 22, the first half of Paragraph 1, the first half of Paragraph 2, and Paragraph 3; Article 23, the first half of Paragraph 1, and Paragraph 2; Article 24, Paragraph 1 and Paragraph 3; Article 41, the first half of Paragraph 1, and Paragraph 3; Article 47, Paragraph 1; Article 48, Paragraph 1; Article 49, Paragraph 1, and Paragraph 4; Article 50, Paragraph 1, and Paragraph 3; Article 53, Paragraph 1, and Paragraph 2; Article 54; Article 58, the first half of Paragraph 1, and Paragraph 4; Article 64, Paragraphs 1 to 4; Article 65, Paragraphs 1 to 4; Article 66, the second half of Paragraph 1; Article 67; and Article 68 of the Criminal Code of the Armed Forces; Article 83; Article 84; property theft of Article 85 and Article 87 of the same act promulgated before the amendments on October 2, 2001.
The offenses of the Criminal Code and its special provisions as prescribed in the preceding Paragraph also apply to the incorporated portion of Article 76 and Article 77 of the Criminal Code of the Armed Forces.
If for reasons of amended code resulting in differing Articles and punishments between the amended code and the previous code, and if by comparing the amended code and the previous code, the constituent elements of the offenses, as prescribed in the preceding two paragraphs that are not to be commuted, that are appropriate and applicable by applying previous code for judgment shall not be commuted.


Article 4


Punishments to be commuted in accordance with this Act that have been commuted in conformity with other Acts shall be commuted again based on their previously commuted sentence.


Article 5


Offenders who are listed as wanted offender prior to the enactment of this Act and did not surrender automatically for the investigation, trial or execution of sentence before December 31, 2007, shall not receive commutation in accordance with this Act.


Article 6


Offenders, who committed offenses that are not to be commuted as stipulated in Article 3 and were not discovered by the authorities, but surrender themselves to the authorities and have received judgment during the period prior to the enactment of this Act through three months after its enactment, shall receive commutation in accordance with the provisions stipulated in Article 2, Paragraph 1 of this Act.


Article 7


Punishment that are to be commuted in accordance with this Act but no final judgment has been rendered, shall have its pronounced sentence commuted when the final judgment is rendered.
When rendering the final judgment in accordance with the preceding Paragraph, the pronounced sentence and the commuted sentence should be pronounced along with the main text of the judgment.


Article 8


Punishments for offenses deserving commutation in accordance with this Act that already have final and binding judgment rendered, but have not been enforced, or are in the process of enforcement shall have petitions submitted to the court most recently adjudicating the case by the prosecutor, or the offender receiving commutation for judgment.
Punishments for offenses deserving commutation in accordance with this Act that have been forwarded to the prosecutor in accordance with Article 9, Subparagraph 3 of the National Security Act, but have not been enforced, or are in the process of enforcement shall have petitions submitted to the court adjudicating the case by the prosecutor, or the offender receiving commutation for judgment.
Punishment for multiple offenses deserving commutation in accordance with this Act that have final and binding judgments from two or more courts can have joint petitions submitted by one of the prosecutors, or by the offender receiving commutation to one of the courts that rendered previous judgment.
In the case of Paragraph 1, if the jurisdiction of the court most recently adjudicating the case has been changed, the petition should be sent to the court after the jurisdiction changes for judgment.
Provisions from Paragraph 1 to the preceding Paragraph are applicable to military courts and military prosecutors.
If the original military court has been abolished or has genuine difficulties, the military court assigned to take over the original court, or the nearest military court shall adjudicate the case.


Article 9


Punishments for offenses that originally had maximum sentences of less than five years of imprisonment are commuted, in accordance with this Act, to less than six months imprisonment, or detention, the conversion standard for the commutable fines should also be pronounced during the delivery of the commutation judgment.


Article 10


Punishments for multiple offenses that have final judgment for commutation and with execution terms yet to be determined shall be commuted respectively in accordance with the provisions of Article 2, Article 4, and Article 6 to Article 8 of this Act, then apply Article 51 of the Criminal Code for determining the appropriate execution terms.
Punishments for multiple offenses that have final judgment for commutation and have execution terms determined shall be re-determined for appropriate execution terms in accordance with the preceding paragraph. The remainder of the punishments for offenses that deserve commutation as stipulated in Article 54 of the Criminal Code shall be determined in the same way.


Article 11


Punishments for multiple offenses that have final judgment for commutation and non-commutation shall have sentences determined pursuant to the provisions of Article 2, Article 4, and Article 6 to Article 8 of this Act for the offenses that deserve commutation, then, together with the non-commuted sentences, have Article 51 of the Criminal Code applied for determining applicable execution terms.


Article 12


Article 8, Paragraph 3 of this Act is applicable to the preceding two Articles concerning their appropriate execution terms.


Article 13


The detention durations and punishments that have been executed prior to commutation are to be converted as or counted towards served commuted sentences. However, if the time served before a commutation judgment reaching the prison has exceeded the full term of punishment after the conversion or calculation, the exceeding portion shall not be credited.
The dollar amount paid for the fine prior to commutation shall be counted towards the fine amount due after commutation. However, if the dollar amount paid for the fine is higher than the commuted fine, the amount in excess shall not be credited.
The first paragraph, concerning the conversion of detained duration for time served, is also applicable to offenders whose original sentences of life imprisonment have been commuted to fixed-term imprisonment in accordance with the provisions of this Act.


Article 14


Punishments for offenses deserving commutation in accordance with this Act that includes deprivation of civil rights exceeding one year in the pronounced sentences shall be resentenced on the deprivation of civil rights portion based on the commutation terms of the principal punishment, and its minimum length shall not be less than one year.


Article 15


This Act is not applicable to those receiving Rehabilitative Education, Reformatory Education, Correctional Education, or Juvenile Protection Education.


Article 16


This Act shall become effective as of July 16, 2007.