Criminal Code of the Republic of China Article 47
This English translation was last updated on 2025-08-01, but the Chinese text was amended on 2026-07-22. Later amendments may not be reflected in the translation — please refer to the Chinese text.
A person, who intentionally commits an offense with a minimum punishment of imprisonment within five years after having served a sentence of imprisonment or having been pardoned after serving part of the sentence, is a recidivist. The principal punishment for a recidivist shall be increased up to one half.A person, who has fully served a forced labor or been remitted after serving part of the labor pursuant to paragraph 2 of Article 98 regarding imprisonment remission for the labor, shall be deemed as a recidivist if he, within five years after having served the labor , intentionally commits an offense with a minimum punishment of imprisonment.
中文原文 中華民國刑法第47條
受徒刑之執行完畢,或一部之執行而赦免後,五年以內故意再犯有期徒刑以上之罪者,為累犯,加重本刑至二分之一。
第九十八條第二項關於因強制工作而免其刑之執行者,於受強制工作處分之執行完畢或一部之執行而免除後,五年以內故意再犯有期徒刑以上之罪者,以累犯論。
第九十八條第二項關於因強制工作而免其刑之執行者,於受強制工作處分之執行完畢或一部之執行而免除後,五年以內故意再犯有期徒刑以上之罪者,以累犯論。