Punishment Act for Violation to Military Service System
2022-05-18
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Article 1
Obstruction of Military Service is punishable according to this Act; Rules that are not instituted in this Act will be applied to the rules of other laws .
Article 2
The term “obstruction of military service” stated in this Act refers to obstructing any act specified in the following subparagraphs:
1. General Mobilization.
2. Temporary Mobilization.
3. Conscription of standing soldiers and replacement soldiers for active duty.
4. Conscription and recall of reserved ranking officers and reserved non-commissioned officers.
5. Educational Mobilization, Duty Mobilization, and Roll-Call Mobilization.
When meting out a punishment in accordance with this Act, the circumstances of the obstruction of military service and the order set out in the preceding paragraphs should be taken into consideration in determining the severity of punishment.
1. General Mobilization.
2. Temporary Mobilization.
3. Conscription of standing soldiers and replacement soldiers for active duty.
4. Conscription and recall of reserved ranking officers and reserved non-commissioned officers.
5. Educational Mobilization, Duty Mobilization, and Roll-Call Mobilization.
When meting out a punishment in accordance with this Act, the circumstances of the obstruction of military service and the order set out in the preceding paragraphs should be taken into consideration in determining the severity of punishment.
Article 3
Male of Military Service Age who tried to avoid being recruited , and has one of the following behaviors will be sentenced to a less than 5 years of imprisonment :
Subparagraph 1. Not reporting a male reaching the age for recruitment, or dishonest report .
Subparagraph 2. Not complying to the regulations of a military census investigation without any reason
Subparagraph 3. Not attending the recruitment checkup without reason .
Subparagraph 4. Hurting the body or using other method to change the physical conditions .
Subparagraph 5. Not reporting change of residence address without reason, causing not able to be recruited .
Subparagraph 6. Departing the country without approval , causing not able to be recruited .
Subparagraph 7. Departing the country with an approval but did not return when time was up , and refusing to return even being followed-up, causing not able to be recruited .
Subparagraph 1. Not reporting a male reaching the age for recruitment, or dishonest report .
Subparagraph 2. Not complying to the regulations of a military census investigation without any reason
Subparagraph 3. Not attending the recruitment checkup without reason .
Subparagraph 4. Hurting the body or using other method to change the physical conditions .
Subparagraph 5. Not reporting change of residence address without reason, causing not able to be recruited .
Subparagraph 6. Departing the country without approval , causing not able to be recruited .
Subparagraph 7. Departing the country with an approval but did not return when time was up , and refusing to return even being followed-up, causing not able to be recruited .
Article 4
A person trying to avoid from recruitment of active service of Reserved Officers , Reserved Non Commissioned Officers or Standing Soldiers , Replacement Soldiers , and having one of the following behaviors will be sentenced to a no more than 5 years of imprisonment :
Subparagraph 1. Fabricating a reason for an Exemption of Military Service or Postponement .
Subparagraph 2. Hurting the body or using other method to change the physical conditions .
Subparagraph 3. Has not voluntarily reported for more than 45 days without reason after the abolished of reasons for Postponement .
Subparagraph 4. Refused to accept a Recruitment Order .
Subparagraph 5. Supposed to be enlisted into a military camp but had exceeded 5 days limit without any reason .
Subparagraph 6. Letting other person to replace him for being recruited.
Subparagraph 7. Departing the country without approval .
Subparagraph 8. Departing the country with an approval but did not return when time was up, and refusing to return even being followed-up .
Subparagraph 1. Fabricating a reason for an Exemption of Military Service or Postponement .
Subparagraph 2. Hurting the body or using other method to change the physical conditions .
Subparagraph 3. Has not voluntarily reported for more than 45 days without reason after the abolished of reasons for Postponement .
Subparagraph 4. Refused to accept a Recruitment Order .
Subparagraph 5. Supposed to be enlisted into a military camp but had exceeded 5 days limit without any reason .
Subparagraph 6. Letting other person to replace him for being recruited.
Subparagraph 7. Departing the country without approval .
Subparagraph 8. Departing the country with an approval but did not return when time was up, and refusing to return even being followed-up .
Article 5
A Person Trying to avoid General Mobilization or Temporary Mobilization , and has one of the following behaviors , will be sentence to less than 5 years of imprisonment :
Subparagraph 1. Fabricating a reason for an Exemption of Military Service , Suspension of Service , Transfer , Postponement , Random Mobilization or Last Mobilization .
Subparagraph 2. Hurting the body .
Subparagraph 3. Has not voluntarily reported for more than 30 days without reason after the abolished of reasons for Postponement , Random Mobilization or Last Mobilization .
Subparagraph 4. Refuse to accept a Recruitment Order .
Subparagraph 5. Supposed to be mobilized for enlisting into a military camp but had exceeded 2 days limit without any reason .
Subparagraph 6. Letting other person to replace him for being recruited .
Subparagraph 1. Fabricating a reason for an Exemption of Military Service , Suspension of Service , Transfer , Postponement , Random Mobilization or Last Mobilization .
Subparagraph 2. Hurting the body .
Subparagraph 3. Has not voluntarily reported for more than 30 days without reason after the abolished of reasons for Postponement , Random Mobilization or Last Mobilization .
Subparagraph 4. Refuse to accept a Recruitment Order .
Subparagraph 5. Supposed to be mobilized for enlisting into a military camp but had exceeded 2 days limit without any reason .
Subparagraph 6. Letting other person to replace him for being recruited .
Article 6
A person who has any of the following behaviors in an attempt to evade educational mobilization or duty mobilization shall be sentenced to imprisonment for not more than three (3) years:
1. Fabricating the reasons for an exemption from military service, discharge from military service, military category transfer, or exemption from recall.
2. Self-harm or self-mutilation.
3. Refusing to accept a recall order notice.
4. Having been recalled to service but two (2) days have past the specified deadline for reporting to service without any excuse.
5. Having someone else to report to recall in his place.
A person who fails to participate in a muster recall without any excuse or attempts to evade roll-call mobilization and has any of the behaviors specified in Subparagraph 1 ~ 3 or 5 shall be sentenced to imprisonment for not more than one year, detention, or commutation to a fine of not more than NT$90,000.
1. Fabricating the reasons for an exemption from military service, discharge from military service, military category transfer, or exemption from recall.
2. Self-harm or self-mutilation.
3. Refusing to accept a recall order notice.
4. Having been recalled to service but two (2) days have past the specified deadline for reporting to service without any excuse.
5. Having someone else to report to recall in his place.
A person who fails to participate in a muster recall without any excuse or attempts to evade roll-call mobilization and has any of the behaviors specified in Subparagraph 1 ~ 3 or 5 shall be sentenced to imprisonment for not more than one year, detention, or commutation to a fine of not more than NT$90,000.
Article 7
Any person who had committed the crime of Letting other person to replace him for being recruited as stipulated in Subsection-6 of Article-4 , or Subsection-6 of Article-5 , Subsecition-5 of Item-1 , Item-2 or Item-3 of the previous Article which stated Letting other person to replace him for being mobilized , for more than 2 times , will add 2/3 of a term to his original sentence .
Article 8
A person being recruited to an Active Service of a Reserved Ranking Officer , Reserved Non Commissioned Officer or Standing Soldier , Replacement Soldier , General Mobilization or Temporary Mobilization , and had escaped before enlisted into the military camp , will be sentenced to less than 5 years of imprisonment .
Article 9
A person who had committed the crime stated in Subsection-5 of Article-4 , Subsection-5 of Article -5 , Substion-4/Item-1 of Article-6 , or the above Article , but has voluntarily enlisted into the military camp or has reported within 2 days of the deadline for the Recruitment , or Mobilization , the punishment for his crime can be lighten or exempted .
Article 10
A reservist who has one of the following behaviors in an attempt to evade recall shall be sentenced to imprisonment for not more than one year, detention or commutation to a fine of not more than NT$90,000:
1. Refusing to be investigated as required, or failing to show up for scheduled physical examination.
2. Not reporting change of residence address as required without any excuse.
A reservist who has committed an offence provided in the preceding paragraph which causes the failed delivery of recall order notice, will be treated as "attempting to evade recall” and will be subject to punishment in accordance with Article 5 or Article 6 herein.
1. Refusing to be investigated as required, or failing to show up for scheduled physical examination.
2. Not reporting change of residence address as required without any excuse.
A reservist who has committed an offence provided in the preceding paragraph which causes the failed delivery of recall order notice, will be treated as "attempting to evade recall” and will be subject to punishment in accordance with Article 5 or Article 6 herein.
Article 11
When a Reserved Military Man had been selected for an emergency mobilization during a war or in a very disorder situation, and has one of the following behaviors , will be sentenced to less than 3 years of imprisonment :
Subparagraph 1 Had dispersed by himself without the approval from the Mobilization Authority .
Subparagraph 2 Had moved his leaving place without the approval from Mobilization Authority with no reason .
Any person who had committed the crime stated above which caused the General or Temporary Mobilization Order can not be delivered , will be treated as " Trying to avoid from being Mobilized " crime and is punishable according to Article-5 .
Subparagraph 1 Had dispersed by himself without the approval from the Mobilization Authority .
Subparagraph 2 Had moved his leaving place without the approval from Mobilization Authority with no reason .
Any person who had committed the crime stated above which caused the General or Temporary Mobilization Order can not be delivered , will be treated as " Trying to avoid from being Mobilized " crime and is punishable according to Article-5 .
Article 12
Those who have an obligation of relaying orders in accordance with the law , and refuse to accept an order of Recruitment or Mobilization without any reason , or not relaying the orders as required ; Those belonging to a Recruitment , General Mobilization or Temporary Mobilization , will be sentenced to less than one year of imprisonment , detained or converting to a fine of 90 Thousand NT Dollars ; And those belonging to an Educational , Duty or Inspection Mobilization, will be sentenced to less than 6 months of imprisonment , detained or converted to a find of 30 Thousand NT Dollars .
Article 13
Any person who has any of the following behaviors in an attempt to obstruct military service shall be sentenced to imprisonment for not more than five (5) years:
1. Inciting others to evade conscription or recall.
2. Instigating others to obstruct military service.
3. Sheltering, hiding or providing convenience to a person who is under conscription or recall to evade military service.
4. Substituting or introducing a substitute to a person to report to conscription or recall.
5. Illegally exporting, importing, interfering, altering, changing, deleting, or destroying military service data or file, or hindering the accuracy of military service data or files by other illicit means.
6. Deliberately submitting a false document to the authority so as not to be conscripted or recalled to military service.
A person who has committed an offence provided in Subparagraph 4 of preceding paragraph that pertains to muster recall shall be sentenced to imprisonment for not more than one year, detention, or commutation to a fine of not more than NT$90,000.
1. Inciting others to evade conscription or recall.
2. Instigating others to obstruct military service.
3. Sheltering, hiding or providing convenience to a person who is under conscription or recall to evade military service.
4. Substituting or introducing a substitute to a person to report to conscription or recall.
5. Illegally exporting, importing, interfering, altering, changing, deleting, or destroying military service data or file, or hindering the accuracy of military service data or files by other illicit means.
6. Deliberately submitting a false document to the authority so as not to be conscripted or recalled to military service.
A person who has committed an offence provided in Subparagraph 4 of preceding paragraph that pertains to muster recall shall be sentenced to imprisonment for not more than one year, detention, or commutation to a fine of not more than NT$90,000.
Article 14
Those personnel of an organization belonging to those being recruited or mobilized , who are responsible for processing the reporting of a Recruitment Postponement , Mobilization Postponement , Random Mobilization or Last Mobilization , and have not reported as required for over 30 days after the reasons for a Recruitment Postponement , Mobilization Postponement , Random Mobilization or Last Mobilization has been abolished , and had affected the recruitment or mobilization , will be sentence to less than one year of imprisonment , detained or converted to a fine of less than 90 Thousand NT Dollars .
Article 15
Any person who insults the personnel while on duty processing the military service as required by the law , or insulting publicly the duty they are performing as required by the law , will be sentenced to less than one year of imprisonment .
Any person who use violent in threatening those personnel who are performing their duty of processing the military service as required by the law , will be sentenced to less than 5 years of imprisonment .
Any person who had committed the crime stated above, and causing the death of a person , will be sentenced to life imprisonment or no less than seven years of imprisonment ; and will be sentenced to no less than 5 years but less than 20 years of imprisonment for causing a serious injury to a person .
Any person who use violent in threatening those personnel who are performing their duty of processing the military service as required by the law , will be sentenced to less than 5 years of imprisonment .
Any person who had committed the crime stated above, and causing the death of a person , will be sentenced to life imprisonment or no less than seven years of imprisonment ; and will be sentenced to no less than 5 years but less than 20 years of imprisonment for causing a serious injury to a person .
Article 16
Paragraph 1
Carrying weapons by group and obstructing a military service will be sentenced to no less than one year but less than 7 years of imprisonment.
Paragraph 2
Committing the crime stated above and caused the death to a person, will be sentenced to death, life imprisonment or no less than 10 years of imprisonment, caused serious injury to a person, will be sentenced to life imprisonment or no less than 10 years of imprisonment.
Carrying weapons by group and obstructing a military service will be sentenced to no less than one year but less than 7 years of imprisonment.
Paragraph 2
Committing the crime stated above and caused the death to a person, will be sentenced to death, life imprisonment or no less than 10 years of imprisonment, caused serious injury to a person, will be sentenced to life imprisonment or no less than 10 years of imprisonment.
Article 17
Paragraph 1
Carrying weapons by group and fighting publicly against a military service will be sentenced to no less than 3 years but less than 10 years of imprisonment.
Paragraph 2
Committing the crime stated above, and caused the death to a person, will be sentenced to death, life imprisonment or no less than 10 years of imprisonment, caused serious injury, will be sentenced to life imprisonment or no less than 10 years of imprisonment.
Paragraph 3
Committing the crime stated in the above two paragraphs and as a ringleader will be sentenced to death or life imprisonment.
Carrying weapons by group and fighting publicly against a military service will be sentenced to no less than 3 years but less than 10 years of imprisonment.
Paragraph 2
Committing the crime stated above, and caused the death to a person, will be sentenced to death, life imprisonment or no less than 10 years of imprisonment, caused serious injury, will be sentenced to life imprisonment or no less than 10 years of imprisonment.
Paragraph 3
Committing the crime stated in the above two paragraphs and as a ringleader will be sentenced to death or life imprisonment.
Article 18
Any person processing a military service and tried to ease others in escaping from a military service , and has one of the following behaviors , will be sentence to no less than 3 years but less than 10 years of imprisonment :
Subparagraph 1 Processing a recruitment or mobilization not according to the rules .
Subparagraph 2 Falsification of Recruitment , Mobilization , Section Forming or Management Manual , and deliberately omitting or making inaccurate records.
Subparagraph 3 Making a false reasoning for an Exempted from Military Service , Suspension of Military Service , Transferring of Military Service , Postponement of Recruit , Postponement of Mobilize , Suspension of Mobilization , Exempted form Mobilization, Random Mobilization or Last Mobilization .
Subparagraph 4 Illegally exporting , importing , interfering , changing , canceling , destroying a Military Service Administrative Data File or using other methods to obstruct a Military Service Administration Data File .
Subparagraph 1 Processing a recruitment or mobilization not according to the rules .
Subparagraph 2 Falsification of Recruitment , Mobilization , Section Forming or Management Manual , and deliberately omitting or making inaccurate records.
Subparagraph 3 Making a false reasoning for an Exempted from Military Service , Suspension of Military Service , Transferring of Military Service , Postponement of Recruit , Postponement of Mobilize , Suspension of Mobilization , Exempted form Mobilization, Random Mobilization or Last Mobilization .
Subparagraph 4 Illegally exporting , importing , interfering , changing , canceling , destroying a Military Service Administrative Data File or using other methods to obstruct a Military Service Administration Data File .
Article 19
Any person in the Military Service department, responsible for processing the Recruitment, Mobilization , Section Forming or Management Duty , who extorts money or property from the person , or his relative , being recruited , mobilized , formed into a section or management , will be sentenced to no less than 3 years but less than 10 years of imprisonment .
Those who attempted the crime stated above will also be punished accordingly .
Those who attempted the crime stated above will also be punished accordingly .
Article 20
Personnel processing the military service who demands a bribery agreement or accepts bribe or other improper benefits from a person who is performing his duty of taking the military service , will be sentenced to no less than 3 years but less than 10 years of imprisonment .
Personnel processing the military service who demanded for bribery agreement or accepting bribe or other improper benefit from a person who acted against his duty of taking a military service , will be sentenced to no less than 5 years of imprisonment .
Those who committed the crime stated above that had caused a person acted against his duty of taking the military service , will be sentenced to a life imprisonment or no less than 7 years of imprisonment .
Personnel processing the military service who demanded for bribery agreement or accepting bribe or other improper benefit from a person who acted against his duty of taking a military service , will be sentenced to no less than 5 years of imprisonment .
Those who committed the crime stated above that had caused a person acted against his duty of taking the military service , will be sentenced to a life imprisonment or no less than 7 years of imprisonment .
Article 21
(Deleted)
Article 22
If the punishment for committing the crime stated on Article-19 or Article-20 instituted in other laws is harder , that punishment will be applied .
Article 23
Deleted
Article 24
Those who have committed a crime stated in this Act, except for military personnel on active duty who shall be tried by a court-martial at war time, shall be uniformly tried by judicial organs.
Article 25
The enforcement of this Act will take effect from its announcement date .
The Act was amended on May 5, 2006. The validation day is on July 1, 2006.
The Act was amended on May 5, 2006. The validation day is on July 1, 2006.