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  • Interpretation
  • No.45
  • Date
  • 1955/03/11
  • Issue
    • Shall the effect of probation on principal punishment be extended to the confiscation when it is separately imposed?
  • Holding
    •        Based upon this Yuan*s Interpretation Yuan-Tze No. 781, while the effect of probation on a primary sentence also reaches its subordinate sentence, by reference to Article 39 of the Criminal Code on exclusive confiscation and Article 40 on individual declaration to confiscate, however, it is sufficient to prove that although originally a subordinate sentence in nature, confiscation is not necessarily connected to a primary sentence. The matters subject to confiscation may be either those that must be confiscated in accordance with the law or may be confiscated while being determined as a matter of necessity, which is not compatible with the meaning of Article 74 of the Criminal Code that probation is an appropriate [disposition] in tentatively not carrying out the [primary] sentence. 
    • *Translated and edited by Professor Andy Y. Sun.
  • Reasoning
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