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

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

First promulgated on 1935-01-01Edit

Effective on 1935-07-01

Article 2[1]
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 2005-02-02Edit

Effective on 2006-07-01

Article 2[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 2015-12-30Edit

Effective on 2016-07-01

Article 2[3]
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.

Annotated by WikibooksEdit

  1. Reverse-derived from the 2015 text.
  2. Reverse-derived from the 2015 text.
  3. "Criminal Code of the Republic of China". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2016-11-30. http://law.moj.gov.tw/eng/LawClass/LawSearchNo.aspx?PC=C0000001&DF=&SNo=2. Retrieved 2017-04-20.