# Annotated Republic of China Laws/Punishment Act for Violation to Military Service System/2002

| ←1976 | Punishment Act for Violation to Military Service System Republic of China (Taiwan) Law 2002 |

## Article 2

* The Obstruction of Military Service stated in this Act refers to the following subsections:
** Subparagraph 1. General Mobilization.
** Subparagraph 2. Temporary Mobilization.
** Subparagraph 3. Recruitment of Standing Soldier and Replacement Soldier Active Services.
** Subparagraph 4. Recruitment and Mobilization of Reserved Ranking Officers and Reserved Non Commissioned Officers.
** Subparagraph 5. Mobilization of National Guards.
** Subparagraph 6. Mobilization of Education, Mobilization of Duty, Mobilization of Inspection.
* When meting the term basing on this Act, the circumstances of the Obstruction of Military Service should be reviewed and the sequence set of the above items, to determine the standard of meting the terms.

## Article 6

* A person trying to avoid from an Education Mobilization or Duty Mobilization, and has one of the following behaviors, will be sentenced to less than 3 years of imprisonment:
** Subparagraph 1. Fabricating a reason for an Exemption for Military Service, Suspension of Service, Transfer, Exemption for being Mobilized.
** Subparagraph 2. Hurting the body.
** Subparagraph 3. Refuse to accept a Recruitment Order.
** Subparagraph 4. Supposed to be mobilized but had exceeded 2 days limit of the mobilization without any reason.
** Subparagraph 5. Letting other person to replace him for being recruited.
* Not complying to an Inspection Mobilization without reason, or trying to avoid being mobilized for an inspection, and has one of the behaviors stated on the above Subsection-1 ~ Subsection-3 and Subsection-5, will be sentenced to less than one year imprisonment, detain or converted to a fine of no more than 90 Thousand NT Dollars. National Guard avoiding to be mobilized to assist a military duty, which had committed the crime stated on Item-1, will be sentenced to less than 3 years of imprisonment.

## Article 10

* A Reserved Military Man who tried to avoid from being mobilized and has one of the following behaviors, will be sentenced to less than one year imprisonment, detain or converted to a fine of no more than 90 Thousand NT Dollars:
** Subparagraph 1. Leaving the military camp to visit his hometown without going through the proper procedures with no reason, or had repeatedly register his home address twice.
** Subparagraph 2. Refuse to be investigated as required, or did not attend a physical checkup.
** Subparagraph 3. Not reporting change of address without any reason.
* Any National Guard who had committed the crime stated in Subsection-3 of the above Article, will be sentenced to less than six months of imprisonment, detain or converted to a fine of no more than 30 Thousand NT Dollars. Reserved Military Man who had committed the crime stated in Item-1 or a National Guard who had committed the crime stated in the above item, causing the Mobilization Order can not be delivered, will be treated as "Trying to avoid from being Mobilized" crime; Will be separately punished according to Article-5 and Article-6.

## 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.

## Article 13

* Any person who tried to obstruct a Military Service and has one of the following behaviors will be sentenced to less than 5 years of imprisonment:
** Subparagraph 1. Rousing others to avoid from being recruited or mobilized.
** Subparagraph 2. Inciting others to obstruct Military Service.
** Subparagraph 3. Protecting, hiding or easing a man to escape from a recruited or mobilized military service.
** Subparagraph 4. Replacing other or introducing a replacement for a recruitment or mobilization.
** Subparagraph 5. 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 6. Deliberately submitted a false identification to the authority so as not to be recruited or mobilized to a military service.
* A person who had committed a crime stated in Subsection-4 of the above Article, a prison term of less than 3 years will be imposed for a National Guard Mobilization; and a prison term of less than one year, detained, or converted to a fine of less than 90 Thousand NT Dollars, will be imposed for an Inspection Mobilization.
* Continuously committing the crime stated in Item-1 or the above stated item, a 2/3 of the sentence will be added to the original punishment.

## 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.

## 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.

## 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.

## Article 21

* Those who have committed the crime stated in Article -19 or the Article above, should return all the properties they have accepted, and separately be condiscated or return to the victim; If the victim has died, the properties should be returned to the beneficiary.
* If All the properties or part of the properties mentioned above can not be recovered, the price value equivalent to the properties should be returned or use the property of the person being accused to compensate the loss of the victim.