Annotated Republic of China Laws/Criminal Code of the Republic of China/Article 2

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Criminal Code of the Republic of China Republic of China Law from Mainland Era to Taiwan Article 2

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First promulgated on 1935-01-01

Effective on 1935-07-01

Article 2

When the law is amended after the commission of an offense, the law at the time of judgment shall apply; provided when the law before judgement is favorable to the offender, the most favorable law shall apply.

For punishment made as a rehabilitative measure, the law in force at the time of judgment shall apply.

When a judgment has been finalized with a punishment but not yet executed or before the end of execution, and the law is amended into a state with no punishment for the offense, the punishment shall be remitted.

Promulgated amendment on 2005-02-02

Effective on 2006-07-01

Article 2

When the law is amended after the commission of an offense, the law in force of its commission shall apply; provided when the amended law is favorable to the offender, the most favorable law shall apply.

For punishment made as a rehabilitative measure that does not involve restrictions on personal freedom, the law in force at the time of judgment shall apply.

When a judgment has been finalized with a punishment or a rehabilitative measure but not yet executed or before the end of execution, and the law is amended into a state with no punishment or rehabilitative measure for the offense, the punishment or the rehabilitative measure shall be remitted.

Promulgated amendment on 2015-12-30

Effective on 2016-07-01

Article 2

When the law is amended after the commission of an offense, the law in force of its commission shall apply; provided that when the amended law is favorable to the offender, the most favorable law shall apply.

For punishment made as a rehabilitative measure that does not involve confiscation or restrictions on personal freedom, the law in force at the time of judgment shall apply.

When a judgment has been finalized with a punishment or a rehabilitative measure but not yet executed or before the end of execution, and the law is amended to a state with no punishment or rehabilitative measure for the offense, the punishment or the rehabilitative measure shall be remitted.