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Last updated:2020/05/14 Print
Chapter Five: Penal Provisions
Article 35-1   Any person who endangers the normal operation of the Core Postal Information and Communication System by means of theft, destruction or other illegal methods shall be sentenced to imprisonment for a term of not less than one year and not more than seven years, and may also be fined a maximum of NT$10 million.
  Any person who commits the aforesaid crime with the intent to endanger national security or social stability shall be sentenced to a term of imprisonment of not less than three years and not more than ten years, and may also be fined a maximum of NT$50 million.
  In the event that the circumstances described in the preceding two paragraphs cause damage to the stability of the financial market, the penalty shall be increased by up to one-half.
  Any attempt to commit an offense as specified in the first and second paragraphs shall be punishable.
Article 35-2   Any person who endangers the normal operation of the Core Postal Information and Communication System by any of the following means shall be sentenced to imprisonment for a term not less than one year and not more than seven years, and may also be fined a maximum of NT$10 million:
1. Invading the computer or related equipment by entering the password of the account, breaking the protection measures of the computer or exploiting the loopholes of the computer system for no reason.
2. Interfering with the computer or related equipment by computer programs or other electromagnetic means for no reason.
3. Obtain, delete or alter the electromagnetic records of the computer or related equipment for no reason.
  The same applies to those who create computer programs specifically for the perpetration of the aforesaid crimes for their own use or for the use of others to commit the aforesaid crimes.
  Any person who commits any crime specified in the preceding two paragraphs with the intent to endanger national security or social stability shall be sentenced to imprisonment for a term of not less than three years and not more than ten years, and may also be fined a maximum of NT$50 million.
  In the event that the circumstances described in the preceding three paragraphs cause damage to the stability of the financial market, the penalty shall be increased by up to one-half.
  Any attempt to commit an offense as specified in the first to the third paragraph shall be punishable.
Article 36   Those who counterfeit or alter postal identity cards, international reply coupons or other marks showing payment of postage with the intention of using them shall be subject to a prison term of six months to five years, or in addition thereto a maximum fine of NT$30,000.
  Those who have used, or collected or delivered the counterfeit or altered articles mentioned in the preceding paragraph with the intention of using them shall be subject to a prison term of no more than three years, or in addition thereto a maximum fine of NT$30,000.
  Those who attempt to prepare used postage stamps, imprints of stamps or marks that represent postage paid on postcards, aerogrammes, or letter sheets for reuse by applying glue, oil, paste or other chemicals shall be subject to a prison term of no more than one year, detention or a maximum fine of NT$9,000. The same shall apply to those who actually reuse the said items.
Article 37   When postal employees commit crimes mentioned in the preceding article or Article 202 or Article 204 of the Criminal Code with respect to postage stamps, the prison terms shall be increased by one-half.
Article 38   Opening or concealing mail items belonging to others or stealing looks into the contents by other means without proper cause shall be punished by detention or a maximum fine of NT$90,000.
Article 39   Intentional refusal to return mail items that were received by mistake shall be subject to a fine of NT$2,000 to NT$10,000.
Article 40   Violation of Article 6 is subject to a fine of NT$200,000 to NT$1,000,000 with orders to cease and desist within a given time limit, failure to comply by the deadline may result in successive fines for each subsequent offense.
  Violation of Article 6-1 and failure to make corrections within the time limit prescribed by the competent authority may result in a fine of NT$20,000 to NT$100,000 and successive fines for each subsequent offense.
Article 41   Violation of Article 7 hereof shall be subject to a fine of NT$20,000 to NT$100,000 with orders to cease and desist within a given time limit; failure to comply by the deadline may result in successive fines.
Article 42   Violation of Article 15 hereof shall be subject to a fine of NT$20,000 to NT$100,000. The fine may be levied successively for each subsequent offense.
Article 43   Violation of Article 28 hereof (shunning, impeding, or refusing inspection or providing related documents) shall be subject to a fine of NT$20,000 to NT$100,000. The fine may be levied successively for each subsequent offense.
Article 44   Provisions specified under Article 37 hereof and Article 133 of the Criminal Code shall apply to personnel responsible for carriage of mail items as specified in Article 26 hereof.
Article 45   A fine of NT$20,000 to NT$100,000 shall be levied against any forwarding agents responsible for carriage of mail items as specified in paragraph 1 of Article 26 hereof in the event of either of the following:
1. Refusal to forward mail items without proper cause.
2. Intentional delay in forwarding mail items.
Article 46 (Deleted)