Laws Information

法規資訊
Title: Organized Crime Prevention Act
Am Date: 2018-01-03
Legislative History: Amended to Article2~3、12 promulgated on January 3, 2018

Transaction

Amended

Article 2
The term “criminal organization” in this Act refers to a structured, permanent or profit-seeking organization formed by more than three persons involved in threats, violence, fraud, intimidation, or offenses that carry a maximum principal punishment of more than five years’ imprisonment.
The term of “structured organization” described in the preceding paragraph shall mean an organization not arbitrarily formed to commit immediate offenses, for which its name, statue, ritual, permanent location, continuous participation or work allocation of members are not required to be definite.

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 public servant or an elected public official from elections commits the offense described in the preceding paragraph, the punishment thereof shall be increased by up to one half.
For the person committing the offense described in Paragraph 1, before the execution of the punishment, he or she shall be committed to a labor establishment to perform compulsory labor for a period of three years.
For the “compulsory labor” described in the preceding paragraph, the provisions of Paragraph 2 of Article 90, Paragraph 3 of Article 90, Paragraph 2 and Paragraph 3 of Article 98 of the Criminal Code apply.
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.
Where a person causes others to perform non-obligated matters or hinders the exercise of rights by others based on the actions described in Paragraph 5, the same punishment described in Paragraph 5 is applied.
An attempt to commit an offense specified in Paragraph 5 and Paragraph 7 is punishable.

Article 12
Any information containing the name, sex, age, place of birth, profession, personal identification number, place of residence or any other information capable of identifying the offender or witness referred to in this Act shall be sealed and kept separate by the prosecutor or the judge and is not subject to review or examination. The inquisition report of a witness may only be included as part of the evidence where it is prepared before a judge or a prosecutor in accordance with the procedure set forth in the Code of Criminal Procedure. Where the facts of the case may subject the victim or the witness to violence, coercion, intimidation or other retaliatory actions, the presiding judge or the prosecution may exercise its discretion according to the law or according to the victim's or the witness' petition objecting to the demand by counsel for the accused to question or cross examine the said witness or the victim and to bar the counsel for the accused from reviewing, copying, or video taping any information or documents capable of identifying the said victim or witness. The presiding judge or the prosecutor shall recite the meaning of the evidentiary report or the documentation to the accused for opinion and confirmation.
The questioning, cross-examination or confrontation of a criminal organization victim during an investigation or trial may be conducted outside the court upon request or virtute officii or may be undertaken by using audiovisual telecommunications equipment or other appropriate methods to separate the victim from the defendant.
Any criminal organization victim located outside the country may be questioned, cross-examined through audiovisual telecommunications equipment in an ROC embassy or representative office.
Other additional measures or laws for the protection of informers, victims, and the witnesses may be enacted.