Part  1 General Provisions

Chapter  1 Application of the Code

Article 1
A conduct is punishable only when expressly so provided by the law at the time of its commission. This also applies to a rehabilitative measure which puts restrictions on personal freedom.

Article 2
When the law is amended after the commission of an offense, the law in force of its commission shall apply; provided that when the amended law is favorable to the offender, the most favorable law shall apply.
For punishment made as a rehabilitative measure that does not involve confiscation or restrictions on personal freedom, the law in force at the time of judgment shall apply.
When a judgment has been finalized with a punishment or a rehabilitative measure but not yet executed or before the end of execution, and the law is amended to a state with no punishment or rehabilitative measure for the offense, the punishment or the rehabilitative measure shall be remitted.

Article 3
This Code shall apply to an offense committed within the territory of the Republic of China. An offense committed on board a vessel or aircraft of the Republic of China outside the territory of the Republic of China shall be considered an offense committed within the territory of the Republic of China.

Article 4
Where either the conduct or the result of an offense takes place within the territory of the Republic of China, the offense shall be considered as committed within the territory of the Republic of China.

Article 5
This Code shall apply to any of the following offenses outside the territories of the Republic of China:
1. The offense of sedition specified in Article 100.
2. The offense of treason specified in Article 103.
3. The offense of obstructing governmental operation specified in Article 135, 136 or 138.
4. The offenses against public safety specified in Article 185-1 or 185-2.
5. The offenses of counterfeiting currency specified in Article 195 to 199.
6. The offenses of counterfeiting securities specified in Articles 201 to 202.
7. The offenses of forgery specified in Articles 211, 214, 218 or 216, in which only includes using forged official documents as specified in Articles 211, 213 and 214.
8. The drug offenses specified in Chapter 20, except for the offenses of drug abuse or possession of drugs, seeds or application tools or drug.
9. The offenses against personal freedom specified in Articles 296 and 296-1.
10. The offenses of piracy specified in Articles 333 and 334.
11. The offenses of aggravated fraud specified in Articles 339-4.

Article 6
This Code shall apply to any of the following offenses committed by a public official of the Republic of China outside the territory of the Republic of China：
1. The offenses of malfeasance specified in Articles 121 to 123, 125, 126, 129, 131, 132, or 134.
2. The offense of facilitating escape specified in Article 163.
3. The offenses of forgery specified in Article 213.
4. The offenses of embezzlement specified in Article 336,paragraph 1.

Article 7
This Code shall apply where any national of Republic of China commits an offense which is not specified in one of the two preceding articles but is punishable for not less than 3 years of imprisonment outside the territory of the Republic of China; unless the offense is not punishable by the law of the place where the offense is committed.

Article 8
The provisions of the preceding article shall apply mutatis mutandis to an alien who commits an offense outside the territory of the Republic of China against a national of the Republic of China.

Article 9
An offense is punishable under this Code despite that a finalized judgment has been rendered by a foreign tribunal；where the punishment has been entirely or partly executed in the foreign country, the execution of the punishment in the Republic of China may be entirely or partly remitted.

Article 10
The term “not less than,” “not more than,” or “within” includes the given figure.
The term “public official” means the following persons：
1. Those who empowered with legal function and power serve an organization of the state or a local autonomous body; and engaged in public affairs in accordance with law.
2. Those who, entrusted by an organ of the state or a local autonomous body, are engaged in the public affairs within the authority of the entrusting organization.
The term “official document” means a document made by a public official in the course of his duty.
The term “serious physical injury” means one of the following listed injuries:
1. Destruction of or seriously damage to the sight of one or both eyes
2. Destruction of or serious damage to the hearing of one or both ears
3. Destruction of or serious damage to the function of speech, taste, or smell
4. Destruction of or serious damage to the function of one or more limbs
5. Destruction of or serious damage to the power of reproduction
6. Other serious injury to body or to health that is either impossible or difficult to cure (is either not or unlikely curable)
The term sexual intercourse means the following listed sexual acts that are not based on rightful purposes:
1. Insertion of a reproduction organ into the reproduction organ, anus or mouth of another person or an act that makes them connect
2. Insertion of a body part or object other than the reproduction organ into the reproduction organ or anus of another person or an act to make them connect
The term electromagnetic recording means records for computer process made through the use of electronic, magnetic, optical or other similar means.

Article 11
The General Provisions of this Code shall also apply to other laws and to rehabilitative measures that provide criminal punishment and confiscation unless the punishment is otherwise prescribed in these laws and measures.