Laws on anti-trafficking in Taiwan
Article 38
The followings are to be confiscated:
I.Material that is prohibited by laws.
IIMaterial used or prepared to be used in a crime.
III.Material obtained by committing a crime.
The abovementioned material shall be confiscated regardless whether it belongs to the criminal.
The materials specified in (II) and (III) above shall be confiscated only if it belongs to the criminal. However, otherwise stated shall be followed accordingly.
Article296
Anyone who makes others slaves or makes others live without freedom like a slave shall be subject to imprisonment for minimum sentence of one year and maximum sentence of seven years.
Anyone who attempts to commit the crime mentioned in the preceding paragraph hereof shall be punished by the law.
Article296.1
Anyone who engages in human trafficking, human collateral shall be subject to imprisonment for minimum sentence of five years, or in addition thereto a fine of not more than NT$500,000.
Anyone who committed the abovementioned crime by attempting to make others perform the sexual or obscene act shall be subject to imprisonment for minimum sentence of seven years, or in addition thereto a fine of not more than NT$500,000.
Anyone who committed the abovementioned crimes by raping, threatening, menacing, controlling, drugs, hypnosis or other method that is against the person’s will, the term of punishment shall be increased by one-half.
Anyone who mediates, receives, hides the person who is the victim of human trafficking, human collateral or conceals this person in the abovementioned crimes shall be subject to imprisonment for minimum sentence of one year and maximum sentence of seven years, or in addition thereto a fine of not more than NT$300,000.
Anyone who committed the abovementioned crimes as a regular violator shall be subject to imprisonment for life or minimum sentence of ten years, or in addition thereto a fine of not more than NT$700,000.
Any government employee who harbors the criminal who committed the abovementioned crime shall be subject to the punishment thereof and the term of the punishment shall be increased by one-half.
Anyone who attempts to commit the abovementioned crime shall be punished by law.
Article 298
Anyone who attempts to seduce or force female to marry him or others shall be subject to imprisonment for maximum sentence of five years.
Anyone who attempts to profit from, or attempts to seduce or force females for obscene or sexual act shall be subject to imprisonment for minimum sentence one year and maximum sentence of seven years, or in addition thereto a fine of not more than NT$1,000.
Anyone who attempts to commit the abovementioned crimes shall be punished by law.
Article299
Anyone who transports the victim that mentioned in the preceding article out of the territory of the Republic of China shall be subject to imprisonment for minimum sentence of five years.
Article231
Anyone who profits by seducing, sheltering or mediating, attempts to make males and females perform sexual or obscene act with others shall be subject to imprisonment for maximum sentence of five years, or in addition thereto a fine of not more than NT$100,000. By guile, one shall subject to the same punishment.
Anyone who committed the crime mentioned in the preceding paragraph hereof as a regular violator shall be subject to imprisonment for minimum sentence of one year and maximum sentence of seven years, or in addition thereto a fine of not more than NT$300,000.
Any government employee who harbors the criminal who committed the crime mentioned in the two preceding paragraphs hereof shall be subject to the punishment thereof and the term of the punishment shall be increased by one-half.
Article231.1
Anyone who attempts to profit from making males and females perform the sexual or obscene act by raping, threatening, menacing, controlling, drugs, hypnosis or other method that is against the person’s will shall be subject to imprisonment for minimum sentence of seven years, or in addition thereto a fine of not more than NT$300,000.
Anyone who mediates, receives, hides the victim in the crimes mentioned in the preceding paragraph hereof shall be subject to imprisonment for minimum sentence of one year and maximum sentence of seven years.
Anyone who committed the crimes mentioned in the two preceding paragraphs hereof as a regular violator shall be subject to imprisonment for minimum sentence of ten years, or in addition thereto a fine of not more than NT$500,000.
Any government employee who harbors the criminal who committed the crime mentioned in the three preceding paragraphs hereof shall be subject to the punishment thereof and the term of the punishment shall be increased by one-half.
Anyone who attempts to commit the crime mentioned in the first paragraph hereof shall be punished by law.
Article233
Anyone who seduces, receives or mediates males and females who are not yet sixteen years of age by attempting to make them perform sexual or obscene act with others shall be subject to imprisonment of maximum sentence of five years, detention or a fine of not more than NT$5,000. By guile, one shall subject to the same punishment.
Anyone who committed the crime mentioned in the preceding paragraph hereto by attempting to make a profit shall be subject to imprisonment for minimum sentence one year and maximum sentence seven years, or in addition thereto a fine of not more than NT$50,000.
Article240
Anyone who co-seduces males and females who are not yet twenty years of age to break away from their families or other legal guardians shall be subject to the imprisonment of maximum sentence three years.
Anyone who co-seduces married people to break away from their families shall be subject to the same punishment.
Anyone who committed to the crime mentioned in the two preceding paragraphs by attempting to profit, or attempting to make the victim perform obscene or sexual act shall be subject to imprisonment for minimum sentence of six months and maximum sentence of five years, or in addition a fine of not more that NT$1,000.
Anyone who attempts to commit the crime mentioned in the three preceding paragraphs hereof shall be punished by law.
Article241
Anyone who seduce or force males and females who are not yet twenty years of age to break away from family or other legal guardians shall be subject to imprisonment of minimum sentence of one year and maximum sentence of seven years.
Anyone who attempts to profit, or attempts to make the victim perform obscene or sexual act from the crime mentioned in the preceding paragraph hereof shall be subject to imprisonment for minimum sentence of three years and maximum sentence of ten years, or in addition a fine of not more that NT$1,000.
Co-seducing males and females who are not yet sixteen years of age shall be subject to same punishment as seducing.
Article242
Anyone who transports the victim that mentioned in the two preceding articles out of the territory of the Republic of China shall be subject to imprisonment for life or maximum sentence of seven years.
Anyone who attempts to commit the crime mentioned in the preceding paragraph hereof shall be punished by law.
Article243
Anyone who receives, hides the victims or conceals them by attempting to profit, or attempting to make the victims mentioned in the article two hundred and forty or article two hundred and forty one perform obscene or sexual act shall be subject to imprisonment of minimum sentence of six months and maximum sentence of five years, or in addition thereto a fine of not more than NT$500.
Article212
Anyone who forges, alters passport, travel ticket, certificate, patent and certification that certifies person’s moral character, ability and service or other similar certifications and recommendation that is serious enough to damage the public or others shall be subject to imprisonment for maximum sentence one year, detention or a fine of not more than NT$300.
Article214
Anyone who knowingly let the government employees to carry the false documents on duty, which are serious enough to damage the public and others shall be subject to imprisonment for maximum sentence of three years, detention or a fine of not more than NT$500.
Article216
Anyone who employs the documents mentioned in the article two hundred and ten to article two hundred and fifteen, the punishment shall be carried out according to the laws on forge, alter document or carry false statement or make others carry false statement.
Article 23
Those who entice, accommodate, mediate, assist or by other ways involve a person under the age of eighteen in sexual transactions, shall be punished with imprisonment of not less than one year but not more than seven years, and alternatively coupled with a fine of not more than one million N.T. dollars (U.S.$40,000).
Those who intend to make profits by committing the crime specified in the preceding Section shall be punished with imprisonment of not less than three years but not more than ten years, coupled with a fine of not more than five million N.T. dollars (U.S.$200,000).
Those who habitually commit the crime specified in the preceding Section shall be punishment with imprisonment of not less than five years, coupled with a fine of not more than ten million N.T. dollars (U.S.$400,000).
Those who receive or shield the victims of the crimes specified in the preceding three Sections or who make the victims hide shall be punished with imprisonment of not less than one year but not more than seven years, and alternatively coupled with a fine of not more than three hundred thousand N.T. dollars (U.S.$12,000).
Those who act as the mediator of the crime specified in the preceding Section shall be deemed to have committed the crime.
Those who attempt to commit the crimes specified in Sections One, Two, Four, and Five shall be punished for the attempt.
Article 24
Those who use coercion, threats, drugs, fraud, hypnotism or other methods that are against the victim's will to make a person underthe age of eighteen involved in sexual transactions, shall be punished with imprisonment of at least five years,and alternatively coupled with a fine of not more than two million N.T. dollars (U.S.$.80,000).
Those who intend to make profits by committing the crime specified in the preceding Section shall be punished with imprisonment of not less than seven years, coupled with a fine of not more than seven million N.T. dollars (U.S.$280,000).
Those who habitually commit the crime specified in the preceding Section shall be punishment with life imprisonment or imprisonment of not less than ten years, coupled with a fine of not more than ten million N.T. dollars (U.S.$400,000).
Those who receive or shield the victims of the crimes specified in the preceding three Sections or make the victims hide shall be punished with imprisonment of not less than five years, and alternatively coupled with a fine of not more than five hundred thousand N.T. dollars (U.S.$20,000).
Those who attempt to commit the crimes specified in Sections One, Two, Four, and Five shall be punished for the attempt
Article 25
Those who intend to make profits and involve a person under the age of eighteen in sexual transactions by trafficking, pawning or other means of the same nature shall be punished with imprisonment of not less than five years, coupled with seven million N.T. dollars (US$28,000).
Those who use coercion, threats, drugs, fraud, hypnotism or other methods that are against the victim's will and commit the crime specified in the preceding Section, shall be punished with imprisonment of not less than seven years, coupled with a fine of not more than ten million N.T. dollars (U.S.$.400,000).
Those who act as the mediator of the crime specified in the preceding two Sections shall be punished with imprisonment of not less than five years, coupled with not more than 5 million N.T. dollars (U.S.$200,000).
Those who habitually commit the crimes specified in the preceding three Sections shall be punishment with life imprisonment or imprisonment of not less than ten years, coupled with a fine of not more than twenty million N.T. dollars (U.S.$800,000).
Those who receive or shield the victims of the crimes specified in Sections one and two of this Article or make the victims hide shall be punished as the specified crimes.
Those who have prepared to commit the crimes specified in Sections One to Three of this Article shall be punished with imprisonment of not less than one year but not more than seven years.
Article 26
Those who commit the crimes specified in Sections One and Two of Article 24 or Section Two of Article 25 and intentionally kill the victim or otherwise cause the death of the victim shall be sentenced to capital punishment, but if serious injury is caused to the victim (instead of death), the punishment shall be imprisonment.
Article6
Anyone who enters the country without entry permit and violates the law called in the first paragraph in article three hereof shall be subject to imprisonment for maximum sentence of three years, detention or in lieu thereof, or in addition thereto a fine of not more than NT$90,000.
Anyone who refuses or avoids the check called in article four without proper cause shall be subject to imprisonment for maximum sentence of six months, detention or in lieu thereof, or in addition thereto a fine of not more than NT$15,000.
Article3
The permit to enter into and to exit from the Republic of China shall be applied from the Immigration Office National Police Agency of the Ministry of Interior. Anyone who is without permit shall not enter and exit.
Anyone who applies for the entry and exit permit with one of the following circumstances shall not be approved:
I.One who has been sentenced with imprisonment and the sentence has not been carried out or not yet been completed, or has arrest warrant, or has been restricted by justice or military justice agencies.
II.Major suspect is thought to be a threat to national security or societal safety base on the fact. However, major suspect is thought to be a terrorist, who has established residency in Taiwan , and has not established residency in mainland China since 1949, currently living overseas shall not be restricted.
III.Anyone who is restricted by other laws or prohibited to entry and exit.
The applicant shall be notified in writing in the case of disapproval mentioned in the preceding paragraph hereof, also the relief procedure for objection shall be provided.
The Ministry of Interior shall appoint a review committee, which includes impartial members of society, to review the disapprovals mentioned in the subparagraph two of the paragraph two hereof.
Article15
The following acts are prohibited:
I.Help the people in Mainland area enter into Taiwan area illegally.
II.Knowingly solicit the people in Taiwan area to enter into Mainland area without permits.
III.Make people from Mainland area engage in the activities that have not been approved and contrary to the items approved.
IV.Hire or employ the people from Mainland area to engage in the work that has not been approved and or contrary to the scope of approval.
V.Mediate others to engage in the act mentioned in the preceding subparagraph hereof.
Article79
Anyone who violates the law stated in the subparagraph one of the paragraph fifteen hereof shall be subject to imprisonment for minimum sentence of one year and maximum sentence of seven years, or in addition thereto a fine of not more than NT$1,000,000.
Anyone who committed the crime mentioned in the preceding paragraph hereof by attempting to make a profit shall be subject to imprisonment for minimum sentence of three years and maximum sentence of ten years, or in addition thereto to a fine of not more than NT$5,000,000.
The chief conspirator in the crime mentioned in the two preceding paragraphs shall be subject to imprisonment for minimum sentence of five years, or in addition thereto a fine of not more than NT$10,000,000.
Anyone who attempts to commit the crime mentioned in the three preceding paragraphs hereof shall be punished by the law.
Any owner, business operator of R.O.C ships, aircrafts or other transportation, or captains of ship, aircrafts, drivers of other transportation who violates the paragraph one in the article fifteen hereof, the authorities shall suspend the operation of their R.O.C. ships, aircrafts or other transportation for a certain period of time, or to revoke the related licenses, also to suspend or revoke the licenses or qualification of the captains of the ships, aircrafts or drivers.
The owner of R.O.C. ships, aircraft or other transportations who conducted the acts mentioned in the paragraph one to paragraph four hereof or purposely, by gross negligence it has caused the third party to commit the act mentioned in the paragraph one to paragraph four hereof by using its ships, aircrafts or other transportation, and the act is based on the primary purpose pf transporting the people from Mainland area to enter into Taiwan illegally, the authorities shall confiscate the ships, aircrafts or other transportation. The owner knows the ships, aircrafts or other transportations are to be confiscate, and anyone who obtains the ownership to evade the consideration of being confiscated shall be subject to the same punishment.
The circumstances mentioned in the preceding paragraph hereof, such as the ships, aircrafts or other transportation shall be confiscated by the seizing agency in the case of no other relevant authority to confiscate.
Article28
The R.O.C. ships, aircrafts or other transportation may travel to the Mainland area with the permission from the authority. Its permit and procedure shall be established by the Ministry of Transportation and Communication with the consultation of the related agencies within eighteen months period after the amendment of this act has passed, and report to the Executive Yuan for approval; when necessary, it may be extended after report to the Legislature Yuan.
Article28.1
The R.O.C. ships, aircrafts or other transportation shall not secretly be used to transport the people in Mainland area to Taiwan area and countries and areas outside of Mainland area.
People in Taiwan area shall not secretly transport the people in the Mainland area to Taiwan area and countries or areas outside of Mainland area by non-R.O.C. ships, aircrafts or other transportations.
Article80
The owner, business operator of R.O.C. ships, aircrafts or other transportation, or captain of ships, aircrafts, other transportation drivers who violates the law stated in the article twenty-eight hereof or violates the law stated in the paragraph one, article twenty-eight-one hereof or people in Taiwan area who violates the paragraph two, article twenty-eight-one shall be subject to imprisonment fro maximum sentence of three years, detention or in lieu thereof or in addition thereto a fine of not less than NT$1,000,000 and not more than NT$15,000,000. However, the act was under the decision made by the captains of ships or aircrafts or drivers of R.O.C. ships, aircrafts or other transportation, the captains of ship or aircraft or drivers shall be subject to the punishment.
The owners or business operators of R.O.C. ships, aircrafts or other transportations mentioned in the preceding paragraph are corporate body, besides punishing the violator, the corporate body shall be subject to the fine mentioned in the preceding paragraph hereof. However, in the case that the representative of the corporate body has executed with effort to prevent the violation from occurring is exception to the rule.
Criminal Law article seven states in the case of the paragraph one hereof, it does not apply to people of Taiwan area smuggle people of Mainland area from outside of the Republic of China territory to Taiwan area and countries and areas outside of Mainland area.
The circumstances in the paragraph one, the authority shall suspend the operations of R.O.C. ships, aircrafts and other transportation for certain amount of period, or revoke its related license, also suspend or revoke the operating licenses or qualification of the captains of the ship, aircrafts or drivers.
Article2
The hooligan called in this article means any individual, who is over the age of eighteen and has caused one of the social disturbances listed in the followings, the police department under the jurisdiction, the county police departments shall bring forth concrete evidence with the reviews of other related justice agencies and report it to its direct supervising police authority to be reviewed:
IThe gang that organizes, hosts, controls or involves in social disturbances, endangers the life, body, freedom and property of others, or the combination thereof.
IIAnyone who illegally produces, sells, transports, possess or mediates the trading of weapons, ammunitions, explosives.
IIIAnyone who occupies the territory by force, extorts, forces trading, dines without paying, causes trouble, bullies or controls from behind the scene.
IVAnyone who manages, operates occupational casino, establishes brothels, seduces or forces innocent females to prostitute, bodyguard of the casino, and brothels or collects debts with force.
VAnyone who has poor moral character or hangs around and causes trouble, and the one who is thought to be causing social disturbance or endangers the life, body, freedom, property of others constantly based on the fact.
Article 3
An indicted instigator, principal, controller or commander of a racketeering criminal organization shall be punished by a fine of not less than one hundred million New Taiwan dollars and a term of imprisonment not less than three years and not more than ten years. An indicted participant to a racketeering criminal organization shall be punished with a fine of not less than ten million New Taiwan dollars and a term of imprisonment not less than six months and not more than five years.
A repeat offender who has completed the sentence or been granted amnesty for prior contravention(s) of the law stated in the previous provision shall, if the offender is the instigator, principal, controller, or commander of a racketeering criminal organization, be punished by a fine of not less than two hundred million New Taiwan dollars and a term of imprisonment for not less than five years; where the offender is a participant to the said organization, [he/she shall be subject to] punishment of a fine of not less than twenty million New Taiwan dollars and a term of imprisonment for not less than one year and not more than seven years.
An offender under the first paragraph of this Article shall, after completion of the prescribed punishment or grant of amnesty, be required to work in a public service establishment for a period of three years; and five years for an offender under the second paragraph of this Article.
After an offender has duly served the prescribed sentence imposed pursuant to this Article, the punishment mentioned in the preceding paragraph may be removed by the court upon petition from the prosecutor who deems that under the circumstances of the case, it is unnecessary to enforce the said provision.
The enforcement of paragraph three of this Article may also be discharged through a petition submitted to the court by the executing authority which deems such enforcement unnecessary after the offender has served in the public service establishment for a period of not less than one year and six months.
Article 53
A person who exchanges, hands over certificates, or uses other illegal means at airports or seaports, in order to use an aircraft, vessel, or any other means of transport to carry people not to be transported to any countries according to any contracts shall be punished with imprisonment for not more than three years, detention, and/or a fine of not more than NT$ 1 million:
A person who attempts acts stated in the preceding paragraph shall be punished.
Those who counterfeit or tamper with passports and cause damage to the public or to others shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than five hundred thousand New Taiwan Dollars.
Those who use documents specified in the preceding paragraph shall be subject to the same penalty.
Those who surrender passports to others or report the loss of their passports fraudulently so that others can use them shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than one hundred thousand New Taiwan Dollars.
Article 2
As used in this Act, the crime of "money-laundering" is defined as any person who-
1. knowingly disguises or conceals the property or property interests obtained from a serious crime committed by themselves or;
2. knowingly conceals, accepts, transports, stores, intentionally buys, or acts as a broker to manage the property or property interests obtained from a serious crime committed by others.
Article 9
Any person engaging in money laundering activity referred to Subsection 1 of Article 2 of this Act shall be sentenced to imprisonment of not more than five years and, in addition thereto, be fined not more than 3 million NT.
Any person engaging in money laundering activity referred to Subsection 2 of Article 2 of this Act shall be sentenced to imprisonment of not more than seven years and, in addition thereto, be fined not more than 5 million NT.
Any person engaging in money laundering activities referred to Subsections 1 and 2 of Article 2 of this Act as their major source of income shall be sentenced to imprisonment between three years and ten years, in addition thereto, be fined between 1 million NT and 10 million NT.
The representative of a legal entity, the agent, employee or other worker of a legal entity or a natural person engaging within the scope of his or her employment in money laundering activities as set forth in the preceding three paragraphs shall be punished in accordance with the provisions set forth in the preceding three paragraphs of this Article. In addition, the legal entity or the natural person that the offender represents or works for, shall also be fined in accordance with the provisions set forth in the preceding three paragraphs, unless the representative of a legal entity or a natural person has done his or her best to prevent or stop the money laundering activities.
Any person who surrenders himself or herself to the authorities within six months after he or she has engaged in money laundering activities as set forth in the preceding four paragraphs, his or her sentence shall be exempted. Any person who surrenders himself or herself in later than six months after he or she has engaged in any of the money laundering activities set forth in the preceding four paragraphs, his or her sentence shall be reduced or exempted. Any person who confesses during the custodial interrogation or the trial that he or she has engaged in the money laundering activities set forth in the preceding four paragraphs, his or her sentence shall be reduced.
