但其他法律有特別規定者,從其規定。
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2條本法所稱其他種類行政罰,指下列裁罰性之不利處分:
Article 2 In this Act, "other types of administrative penalties" means the following categories of adverse actions of a punitive nature:
限制或停止營業、吊扣證照、命令停工或停止使用、禁止行駛、禁止出入港口、機場或特定場所、禁止製造、販賣、輸出入、禁止申請或其他限制或禁止為一定行為之處分。
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;
命令歇業、命令解散、撤銷或廢止許可或登記、吊銷證照、強制拆除或其他剝奪或消滅一定資格或權利之處分。
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;
三、影響名譽之處分:公布姓名或名稱、公布照片或其他相類似之處分。
3.
Actions against reputation: Publicizing personal or trade names or photographs or other similar actions; and
四、警告性處分:警告、告誡、記點、記次、講習、輔導教育或其他相類似之處分。
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.
第3條本法所稱行為人,係指實施違反行政法上義務行為之自然人、法人、設有代表人或管理人之非法人團體、中央或地方機關或其他組織。
Article 3 In this Act, the term "actor" denotes a natural person, a juristic person, an unincorporated 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4條違反行政法上義務之處罰,以行為時之法律或自治條例有明文規定者為限。
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5條行為後法律或自治條例有變更者,適用行政機關最初裁處時之法律或自治條例。
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;
但裁處前之法律或自治條例有利於受處罰者,適用最有利於受處罰者之規定。
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.
第6條在中華民國領域內違反行政法上義務應受處罰者,適用本法。
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.
在中華民國領域外之中華民國船艦、航空器或依法得由中華民國行使管轄權之區域內違反行政法上義務者,以在中華民國領域內違反論。
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.
違反行政法上義務之行為或結果,有一在中華民國領域內者,為在中華民國領域內違反行政法上義務。
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.
法人、設有代表人或管理人之非法人團體、中央或地方機關或其他組織違反行政法上義務者,其代表人、管理人、其他有代表權之人或實際行為之職員、受僱人或從業人員之故意、過失,推定為該等組織之故意、過失。
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.
第8條不得因不知法規而免除行政處罰責任。
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.
但按其情節,得減輕或免除其處罰。
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9條未滿十四歲人之行為,不予處罰。
Article 9 An act committed by a person who has not reached the age of fourteen years is not punishable.
十四歲以上未滿十八歲人之行為,得減輕處罰。
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.
行為時因精神障礙或其他心智缺陷,致不能辨識其行為違法或欠缺依其辨識而行為之能力者,不予處罰。
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.
行為時因前項之原因,致其辨識行為違法或依其辨識而行為之能力,顯著減低者,得減輕處罰。
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.
前二項規定,於因故意或過失自行招致者,不適用之。
The two preceding paragraphs shall not apply if the act was brought about due to the intention or negligence of the actor himself.
第10條對於違反行政法上義務事實之發生,依法有防止之義務,能防止而不防止者,與因積極行為發生事實者同。
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.
因自己行為致有發生違反行政法上義務事實之危險者,負防止其發生之義務。
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.
依所屬上級公務員職務命令之行為,不予處罰。
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.