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  • Interpretation
  • No.133
  • Date
  • 1972/06/09
  • Issue
    • What does the term "waiver of punishment" enunciated in this Yuan’s Interpretation Yuan-je Tze No. 3534 really connote?
  • Holding
    •        The term "waiver of punishment," as indicated in this Yuan*s Interpretation Yuan-je Tze No. 3534, means the reduction or waiving of a given sentence as a result of the exercise of pardon right, which does not include other types of sentencing waivers.
  • Reasoning
    •        Article 47 of the Criminal Code expressly provides that a recidivist is the commission of a new offense within five years after the completion of an imprisonment or a waiver of sentence after partial consummation of imprisonment if that offense is punishable by a limited term of imprisonment or above. In accordance with this Yuan*s Interpretation Yuan-je Tze No. 3534, "waiver" means special pardon and exemption from carrying out a sentence, which does not include general pardon. The term "waiver of punishment" means the reduction or waiving of a given sentence as a result of the exercise of pardon right. Other types of sentence waivers are not included, since they are not based upon the effect of pardons, such as those indicated in Article 23, Article 24, Paragraph 1, and Articles 26 and 27 of the Criminal Code, as their operations require a judgment for exemption punishment, which carries no execution of any sentence and is irrelevant to the definition of any recidivist. This is to further illustrate and supplement the above-indicated Interpretation.  
      
    • *Translated by Professor Andy Y. Sun.
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