|Criminal Code of the Republic of China Article 74Jan. 15, 2020|
A punishment of imprisonment for not more than two years, short-term imprisonment, or a fine may be suspended for not less than two years but not more than five years of probation from the day the judgment becomes final if either of the following circumstances exists and probation is considered appropriate: "1. There has been no previous sentence to imprisonment or a more severe punishment pronounced for an intentional offense. "2. There has been no sentence to imprisonment or a more severe punishment for an intentional offense pronounced within five years after completing execution or remission of a previous sentence to imprisonment or a more severe punishment for an intentional offense. "The judge who pronounces the probation may consider the circumstances to order the offender to do the following things: "1. Making an apology to the victim; "2. Writing a statement of repentance; "3. Paying an appropriate amount of compensation to the victim for his property or non-property losses; "4. Disbursing a certain amount to Public Treasury; "5. Doing community service of no less than forty hours and not more than two hundred and forty hours for a designated government department, government institution, legal entity, public welfare organization or group; "6. Carrying out addiction treatment, mental treatment, psychological counseling or other appropriate treatment programs; "7. Granting protective order to the victim; "8. Granting injunction order to prevent repetition of crime. "The situation set forth in the preceding paragraph shall be specified in the written judgment. "Items 3 and 4 of paragraph 2 may be carried out as a compulsory execution. "There is no probation for pronouncement of ancillary punishment, rehabilitative measure, and confiscation.
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