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


 * 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 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 3
 * Male of Military Service Age who tried to avoid being recruited, and has one of the following behaviors will be sentenced to a more 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.
 * 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.
 * 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.
 * 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 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 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 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 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 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.
 * ../Article 16/ (later amended)


 * ../Article 17/ (later amended)


 * 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.
 * 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.
 * 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/ (later deleted)


 * Article 24
 * Those who have committed a crime stated in this Act, except for the Military Personnel will be prosecuted through the Military Court, other personnel will be prosecuted through the Justice agency.
 * ../Article 25/ (later amended)

中華民國法律註解/妨害兵役治罪條例/2002年