Criminal Code, Offenses Against Computer Security
Criminal Code of the Republic of China (中華民國刑法), Arts. 358-363
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In force.
A computer misuse rule binding public and private bodies.
As of 22 September 2026.
What it requires
- Do not access another's computer or related equipment by entering someone else's password, defeating a technical protective measure, or exploiting a system vulnerability without cause; each is a separate ground for criminal exposure under Article 358.
- Do not build or use a program whose purpose is committing one of the offenses in this chapter (Article 362).
- Accessing a page that imposes no password or technical protective measure has not been shown to fall within this chapter's access offense.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Unauthorized computer access under Article 358 carries up to three years imprisonment and/or a fine up to NT$300,000; obtaining, deleting, or altering data under Article 359, and making a program to commit a chapter offense under Article 362, each carry up to five years imprisonment and/or a fine up to NT$600,000; offending against a public office's computer under Article 361 increases the punishment by up to one half.
Penalty structure
NT$600,000 is the highest per-article fine cap, shared by Articles 359 and 362; Article 358's cap is NT$300,000 and Article 360's is NT$300,000. Each fine is stated as an alternative to, or in addition to, imprisonment.
- Rule
- Fixed only
- As of
- 22 September 2026
- Currency
- TWD
- Fixed cap
- 600,000
Who enforces it
Enforcement body
Public prosecutors and the courts, on the victim's complaint (Article 363)
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Chapter 36 criminalizes gaining access to another's computer or related equipment by entering another's password, cracking its protective measures, or exploiting a system loophole without cause (Article 358); obtaining, deleting, or altering another's computer data without cause and causing injury (Article 359); interfering with another's computer or related equipment through a computer program or other electromagnetic method without cause and causing injury (Article 360); and making a program specifically to commit one of those offenses (Article 362).
Offending against a public office's computer increases the punishment by up to one half (Article 361), and prosecution of the Article 358 through 360 offenses proceeds only upon the victim's complaint (Article 363). Accessing a page that requires defeating no password, protective measure, or system loophole is not within the text of any offense in this chapter.
When LexLint raises it
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Read the law
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