Criminal Code of the Republic of China Article 35Jan. 15, 2020

The degree of severity of the kinds of principal punishment shall be prescribed according to the provisions of Article 33. "Among the punishments of the same kind, the maximum period or the highest amount shall be considered as the most severe. If the maximum periods or amounts are same, the second kind of punishment shall be considered, in which the minimum period or amount shall be the most severe. "If the principal punishment is used as the standard of severity, the provisions of the two previous paragraphs shall be followed. If the principal punishments are same, the standard of severity shall be determined by taking into consideration of the following items: "1. In case of the co-existence of selective and non-selective principal punishments, the non-selective principal punishment shall be considered to be severe. "2. In case of co-existence of punishment of imprisonment in addition thereto a fine and punishment of imprisonment without the addition thereto a fine, the former is considered to be severe. "3. In case that both principal punishments have selective choices or are non-selective, the secondary highest punishment shall be used for determination in accordance with the provisions of the two previous paragraphs

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