| Criminal Code of the Republic of China Article 41Jan. 15, 2020 |
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In an offense that carries a maximum principal punishment of not more than five years’ imprisonment, if the offender is sentenced to imprisonment for not more than six months or short-term imprisonment, the punishment may be commuted to a fine at a daily rate of NTD one thousand, two thousand or three thousand. This provision does not apply to the cases in which the commutation of the pronounced punishment as imposed is manifestly of little corrective effect, or the legal order cannot be maintained. "If the afore-mentioned commuted fine is not applied, the punishment may be commuted to community service at a rate of a daily rate of six hours. "If an offender is pronounced to be imprisoned for less than six months and paragraph 1 is not applicable, the offender may be sentenced to community service according to the proceeding paragraph. "The previous two paragraphs do not apply to case in which execution is of the punishment is manifestly difficult because of health ,or execution of the punishment as imposed is manifestly difficult, little corrective effect can be expected, or the legal order cannot be maintained. "The periods of community service specified in paragraph 2 and 3 shall not exceed a year. "If community service is not executed without reason or is not completely execute within the period, in case to which paragraph applied the pronounced imprisonment or commuted fine shall be executed, in case to which paragraph 3 applied, the pronounced imprisonment shall be executed. "Paid fine or executed hours of community service shall be concerted to days at the rate fixed in the judgment and a fractional part of a day shall be concerted to a day. "In combining punishment for several offenses which is commuted to fines or community service and the punishment to be executed exceeds six months, the preceding paragraph 1 to 4 and 7 shall apply. "In combing punishment for several offenses which is commuted to community service, the periods of execution shall not exceed three years. In case in which the punishment to be executed less than six months the periods of community service shall not exceed one year. "In case in which combined punishment for several offenses is commuted to community service and under the circumstances prescribed in paragraph 6, the punishment to be executed can be commuted to fines when several offenses has been pronounced to be commuted to fines. |
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