台湾行政罚法

Administrative Penalty Act ( 2005.02.05 Announced )

行政罚法(民国94年02月05日公布) Chapter I Rules of Application 第一章法例

Article 1 This Act shall apply to fines, forfeiture, and other types of administrative penalties for breach of duty under administrative law, unless it is otherwise prescribed by other applicable laws. 第1条违反行政法上义务而受罚锾、没入或其它种类行政罚之处罚时，适用本法。但其它法律有特别规定者，从其规定。

Article 2 In this Act, \types of administrative penalties\means the following categories of adverse actions of a punitive nature:

第2条本法所称其它种类行政罚，指下列裁罚性之不利处分：

1. Restrictive and prohibitive actions: 一、限制或禁止行为之处分：

Actions imposing restrictions on or suspension of business; suspension of certificates or licenses; orders to stop the work or to discontinue the use; no passage of vehicles; prohibition on entry into or exit out of harbors, airports or specific places; prohibition on production, sales, export or import; prohibition against application or other restrictions on or prohibition against doing certain acts; 限制或停止营业、吊扣证照、命令停工或停止使用、禁止行驶、禁止出入港口、机场或特定场所、禁止制造、贩卖、输出入、禁止申请或其它限制或禁止为一定行为之处分。 2. Actions of deprivation or abolition of eligibility or rights: 二、剥夺或消灭资格、权利之处分：

Orders to wind up business; orders of dissolution; revocation or annulment of permits or registration; revocation of certificates or licenses; compulsory dismantlement; or other actions of deprivation or abolition of specific eligibility or rights;

命令歇业、命令解散、撤销或废止许可或登记、吊销证照、强制拆除或其它剥夺或消灭一定资格或权利之处分。

3. Actions against reputation: Publicizing personal or trade names or photographs or other similar actions; and

三、影响名誉之处分：公布姓名或名称、公布照片或其它相类似之处分。

4. Actions of disciplinary warnings: Disciplinary warnings; reprimands; recording of points for violation; recording of times of violation; reformatory courses, supplemental training classes or other similar actions.

四、警告性处分：警告、告诫、记点、记次、讲习、辅导教育或其它相类似之处分。

Article 3 In this Act, the term \body having a representative or manager, a central or local government agency or any other form of organization, who or which commits an act in breach of his or its duty under administrative law. 第3条本法所称行为人，系指实施违反行政法上义务行为之自然人、法人、设有代表人或管理人之非法人团体、中央或地方机关或其它组织。

Article 4 An act in breach of duty under administrative law is punishable only if it is explicitly prescribed so by law or by any self-governing ordinance in force at the time when the act is committed.

第4条违反行政法上义务之处罚，以行为时之法律或自治条例有明文规定者为限。 Article 5 In the case of change in law or self-governing ordinance after the commission of the act, the law or self-governing ordinance in force at the time when sanction therefor was initially

imposed by the administrative agency shall apply;

第5条行为后法律或自治条例有变更者，适用行政机关最初裁处时之法律或自治条例。 provided, however, that the provision most favorable to the person punished shall apply if the law or self-governing ordinance in force prior to the imposition of the sanction is more favorable to him.

但裁处前之法律或自治条例有利于受处罚者，适用最有利于受处罚者之规定。

Article 6 This Act shall be applicable to any act in breach of duty under administrative law that is committed within the territory of the Republic of China and is punishable. 第6条在中华民国领域内违反行政法上义务应受处罚者，适用本法。

An act in breach of duty under administrative law committed on board a vessel or aircraft of the Republic of China outside the territory of the Republic of China or within an area subject to jurisdiction of the Republic of China by law shall be punished in the same manner as if it were an act committed within the territory of the Republic of China.

在中华民国领域外之中华民国船舰、航空器或依法得由中华民国行使管辖权之区域内违反行政法上义务者，以在中华民国领域内违反论。

Where either the commission of an act in breach of duty under administrative law or the consequence resulting therefrom takes place within the territory of the Republic of China, it shall constitute a breach of duty under administrative law committed within the territory of the Republic of China.

违反行政法上义务之行为或结果，有一在中华民国领域内者，为在中华民国领域内违反行政法上义务。

Chapter II Responsibility 第二章责任

Article 7 An act in breach of duty under administrative law is not punishable unless committed intentionally or negligently.

第7条违反行政法上义务之行为非出于故意或过失者，不予处罚。

In the case of an act in breach of duty under administrative law committed by a juristic person, unincorporated body having a representative or manager, central or local government agency or any other form of organization, the intention or negligence of its representative or manager, or any other person with the authority to represent it, or any of its staff members, employees or workers who commits the act, as the case may be, shall be deemed to be an intention or negligence of such organization. 法人、设有代表人或管理人之非法人团体、中央或地方机关或其它组织违反行政法上义务者，其代表人、管理人、其它有代表权之人或实际行为之职员、受雇人或从业人员之故意、过失，推定为该等组织之故意、过失。

Article 8 No person may be excused from responsibility for administrative penalty by reason of his ignorance of the law; but the penalty may be reduced or remitted as the situation may justify. 第8条不得因不知法规而免除行政处罚责任。但按其情节，得减轻或免除其处罚。

Article 9 An act committed by a person who has not reached the age of fourteen years is not punishable.

第9条未满十四岁人之行为，不予处罚。

Penalty may be reduced for an act committed by a person who is fourteen years of age or older but has not reached the age of eighteen years.

十四岁以上未满十八岁人之行为，得减轻处罚。

An act committed by a person who was suffering mental disorder or intellectual defects at the time of commission of the act, making him incapable of discerning that the act was unlawful or behaving according to his perception, is not punishable. 行为时因精神障碍或其它心智缺陷，致不能辨识其行为违法或欠缺依其辨识而行为之能力者，不予处罚。

Penalty may be reduced for an act committed by a person with obviously decreased capability of discerning that his act was unlawful or of behaving according to his perception for any of the reasons specified in the preceding paragraph.

行为时因前项之原因，致其辨识行为违法或依其辨识而行为之能力，显着减低者，得减轻处罚。

The two preceding paragraphs shall not apply if the act was brought about due to the intention or negligence of the actor himself.

前二项规定，于因故意或过失自行招致者，不适用之。

Article 10 A person who has the legal duty to prevent the occurrence of a fact in breach of duty under administrative law and is able to prevent such occurrence but fails to do so shall be dealt with in the same manner as one who has caused the occurrence of such fact by his positive act.

第10条对于违反行政法上义务事实之发生，依法有防止之义务，能防止而不防止者，与因积极行为发生事实者同。

Where there is danger that the act of a person will result in the occurrence of a fact in breach of duty under administrative law, such person has the legal duty to prevent the occurrence of such fact. 因自己行为致有发生违反行政法上义务事实之危险者，负防止其发生之义务。 Article 11 An act performed in accordance with law or order is not punishable. 第11条依法令之行为，不予处罚。

An act performed pursuant to an order of a superior officer in discharge of official duties is not punishable, unless the actor knew that the order was illegal and he failed to present his view to the superior officer in pursuance of the statutory procedure.

依所属上级公务员职务命令之行为，不予处罚。但明知职务命令违法，而未依法定程序向该上级公务员陈述意见者，不在此限。

Article 12 An act performed by a person in defense of his own rights or the rights of another against present unlawful infringement thereof is not punishable; provided that the penalty may be reduced or remitted even though such act of defense was excessive.

第12条对于现在不法之侵害，而出于防卫自己或他人权利之行为，不予处罚。但防卫行为过当者，得减轻或免除其处罚。

Article 13 An act performed by a person to avert imminent danger not otherwise avoidable to the life, person, liberty, reputation or property of himself or of another person is not punishable; provided that the penalty may be reduced or remitted even though such act to avert danger was excessive.

第13条因避免自己或他人生命、身体、自由、名誉或财产之紧急危难而出于不得已之行为，不予处罚。但避难行为过当者，得减轻或免除其处罚。 Chapter III Joint Violation of Law and Concurrent Penalty 第三章共同违法及并同处罚

Article 14 Persons who act jointly and intentionally in the commission of an act in breach of duty under administrative law shall be punished separately depending upon the seriousness of the situation in which the act committed by each of them has resulted.

第14条故意共同实施违反行政法上义务之行为者，依其行为情节之轻重，分别处罚之。 In the circumstance mentioned in the preceding paragraph, a person who commits an act in breach of duty under administrative law which is based upon specific personal status or other special relationship shall be punishable notwithstanding that he does not have such status or special relationship. 前项情形，因身分或其它特定关系成立之违反行政法上义务行为，其无此身分或特定关系者，仍处罚之。

If penalty may be increased, reduced or remitted because of specific personal status or other special relationship, a person without such status or special relationship is punishable by the ordinary penalty.

因身分或其它特定关系致处罚有重轻或免除时，其无此身分或特定关系者，仍处以通常之处罚。

Article 15 Where the act of a director of a private juristic person or of any other individual with the authority to represent such juristic person, in performance of his duties as such or for the benefit of the juristic person, results in breach of duty under administrative law, thereby making the juristic person punishable, he shall likewise be punished by a similar amount of fine under the provisions applicable to the juristic person if he has acted with intention or in gross negligence, unless the law or the self-governing ordinance provides otherwise. 第15条私法人之董事或其它有代表权之人，因执行其职务或为私法人之利益为行为，致使私法人违反行政法上义务应受处罚者，该行为人如有故意或重大过失时，除法律或自治条例另有规定外，应并受同一规定罚锾之处罚。

Where the act of any staff member, employee or worker of a private juristic person in performance of his duties or for the benefit of the juristic person results in breach of duty under administrative law, thereby making the juristic person punishable, and the director of such private juristic person or any other individual with the authority to represent such juristic person fails to perform his duties to prevent the occurrence of such act in breach of duty under administrative law because of his intention or gross negligence, such director and individual shall likewise be punished by a similar amount of fine under the provisions applicable to the juristic person, unless it is otherwise provided by law or by self-governing ordinances.

私法人之职员、受雇人或从业人员，因执行其职务或为私法人之利益为行为，致使私法人违反行政法上义务应受处罚者，私法人之董事或其它有代表权之人，如对该行政法上义务之违反，因故意或重大过失，未尽其防止义务时，除法律或自治条例另有规定外，应并受同一规定罚锾之处罚。

The amount of the fine to be imposed as a concurrent penalty under the two preceding paragraphs shall be no more than one million New Taiwan Dollars (NT$1,000,000), unless the benefit gained exceeds one million New Taiwan Dollars (NT$1,000,000), in which case a penalty may be imposed within the scope of such benefit.

依前二项并受同一规定处罚之罚锾，不得逾新台币一百万元。但其所得之利益逾新台币一百万元者，得于其所得利益之范围内裁处之。

Article 16 The preceding article is applicable mutatis mutandis to acts in breach of duty under administrative law committed by any unincorporated body having a representative or manager or of other private law organizations other than juristic persons.

第16条前条之规定，于设有代表人或管理人之非法人团体，或法人以外之其它私法组织，违反行政法上义务者，准用之。