Enforcement Law of the Criminal Code of the Republic of China Article 3-1

This English translation was last updated on 2023-02-08, 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.

The penalty ruled by the final judgment in accordance with the provisions of Article 41 of the Criminal Code continues to apply if it was not executed or if the execution was not completed before the Criminal Code was amended and enforced on January 4, 2001.This also applies to a penalty that was not adjudicated for commutation to a fine.Where there are multiple punishments, the provisions of paragraph 2 of Article 41 apply to one of the multiple offenses committed prior to the amendment of the Criminal Code on January 4, 2001, if all the offenses meet the provisions of paragraph 1 of Article 41 concerning the commutation of imprisonment to a fine.
中文原文 中華民國刑法施行法第3-1條
刑法第四十一條之規定,中華民國九十年一月四日刑法修正施行前已裁判確定之處罰,未執行或執行未完畢者,亦適用之。
未諭知得易科罰金之處罰者,亦同。
於九十四年一月七日刑法修正施行前犯併合處罰數罪中之一罪,且該數罪均符合第四十一條第一項得易科罰金之規定者,適用九十年一月四日修正之刑法第四十一條第二項規定。

English translation for reference only; the Chinese text prevails. Not legal advice.