编辑: 戴静菡 2019-07-04

2 to

4 of the preceding paragraph occurs outside Taiwan, the period of ban on entry shall be calculated from the day the relevant authority ascertains to be the date of occurrence. In the event that the relevant authority is unable to ascertain the date of occurrence, the period shall be calculated from the time the relevant authority notifies the National Immigration Agency (NIA), Ministry of the Interior of the event.

三、外国人在我国有犯罪纪录者,其禁止入国期间如下: 3. An alien who has a criminal record in Taiwan shall be banned from entry for a time period prescribed as follows:

(一)经法院为五年以上之有期徒刑之宣告,禁止入国八年. (1) An alien who has been sentenced by a court to imprisonment for

5 years or more shall be banned from entry for

8 years. 本国与外国法律事务律师事务所 博仲法律事务所 台北市重庆南路一段 号楼

(二)经法院为三年以上未满五年之有期徒刑之宣告,禁止入国七年. (2) An alien who has been sentenced by a court to imprisonment for

3 years or more but less than

5 years shall be banned from entry for

7 years.

(三)经法院为一年以上未满三年之有期徒刑之宣告,禁止入国六年. (3) An alien who has been sentenced by a court to imprisonment for

1 year or more but less than

3 years shall be banned from entry for

6 years.

(四)经法院为未满一年之有期徒刑之宣告,禁止入国五年. (4) An alien who has been sentenced by a court to imprisonment for less than

1 year shall be banned from entry for

5 years.

(五)经法院为有期徒刑以上刑并缓刑之宣告,禁止入国四年. (5) An alien who has been sentenced by a court to fixed-term imprisonment or greater severity in combination with a probation order shall be banned from entry for

4 years.

(六)经法院为拘役或罚金之宣告,禁止入国三年. (6) An alien who has been sentenced by a court to detention in prison or a criminal fine shall be banned from entry for

3 years.

(七)经法院为拘役或罚金并缓刑之宣告或免刑之判决,禁止入国二年. (7) An alien who has been sentenced by a court to detention in prison or to a criminal fine in combination with a suspended sentence, or who has received a court judgment to impose no punishment, shall be banned from entry for

2 years.

(八)违反毒品危害防制条例,施用毒品经裁定观察勒戒,禁止入国五年.但 经检察官认无继续施用毒品倾向,获不起诉之处分,禁止入国三年. (8) An alien who violated the Narcotics Hazards Control Act because of narcotic abuse and has been committed by a court ruling to undergo observation or rehabilitation shall be banned from entry for

5 years. However, if the alien has been deemed by the prosecutor to have no tendency toward continued narcotic abuse and has received a disposition not to prosecute, the alien shall be banned from entry for

3 years.

(九)经检察官为缓起诉或不起诉处分,禁止入国二年.但符合刑事诉讼法第 二百五十二条规定,不予禁止入国. (9) An alien who has received a disposition of deferred prosecution or not to prosecute by a prosecutor shall be banned from entry for

2 years. Nevertheless, if the provisions of Article

252 of the Code of Criminal Procedure are met, the alien will not be banned from entry. 前项第五款至第七款、第九款之外国人,有虚伪结婚之事实,禁止入国五年. If there is an adequate showing of facts that an alien to whom subparagraph 5, 6, 7, or

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