中華民國六十四年罪犯減刑條例

This provision states the statute is enacted to remember President Chiang Kai-shek’s benevolence and to give offenders a chance to reform.

When multiple crimes are committed before judgment and some are eligible for sentence reduction while others are not, the reducible crimes are reduced first and then combined with the unreduced sentences under Criminal Code Article 51 to set the executable sentence.

Before a sentence reduction, pre-reduction detention days, served imprisonment, and paid fine amounts are credited toward the reduced sentence or fine; any excess over the reduced amount is not counted.

對於本條例應減刑之罪，褫奪公權的期間要依主刑減刑標準審酌，且審酌後不得少於一年。

If a person whose sentence reduction was granted later reoffends within five years after finishing or partly serving the sentence and being pardoned, the reduction may be revoked and the original sentence must be served again. Negligent offences are excluded.

保安處分不適用本條例的規定。

This provision states that the regulation takes effect on July 14, 1975.

對於在中華民國六十四年四月十六日以前犯罪的人，原則上依甲類或乙類規定減刑；緩刑或假釋中的人犯也仍適用。

The listed crimes are not eligible for sentence reduction.

Certain listed offences are to have their punishment reduced under this provision, and other offences covered by the law are reduced under a different category.

已依舊法減刑後又再犯罪的人，不得再依本條例減刑；但過失犯罪不在此限。

符合本條例減刑的罪，若尚未判決確定，法院在裁判時應減其宣告刑，並在判決主文一併說明原宣告刑與減後刑度。

對於本條例下可減刑且已確定但尚未執行完成的案件，可由檢察官、軍事檢察官或應減刑之人犯向最後審理事實的法院或軍事審判機關聲請裁定。

If the offense is punishable by imprisonment of up to three years, and the reduced sentence is six months’ imprisonment or detention, the court must also state the standard for converting that sentence into a fine when issuing the commutation judgment.

For multiple offenses committed before a judgment becomes final, sentences are reduced first and then the total sentence is determined under Criminal Code Article 51; this also applies even if a total sentence had already been set, and to remaining offenses under Article 54 if all must be reduced.