Criminal Code Article 305 addresses threats to harm a person's life, body, freedom, reputation, or property that endanger their safety. Article 346 requires unlawful-ownership intent; a completed offense also requires delivery of property or acquisition of an unlawful property benefit. Attempts are punishable. Neither offense requires a victim complaint as a condition of prosecution. Whether angry words at work meet an offense's elements depends on their specific content and context. This is general information, not an assessment of any individual dispute.
What is the offense of threatening someone's safety?
Under Criminal Code Article 305, a person who threatens another with harm to life, body, freedom, reputation, or property, thereby endangering that person's safety, faces imprisonment of up to two years, short-term detention, or a fine of up to NT$9,000. The threatened harm must concern one of those interests; endangerment of safety is a separate element. Unpleasant words alone do not automatically establish the offense.
Article 305 does not separately punish an attempt. The words, surrounding circumstances, and objective facts must be examined in each case to determine whether all elements are met.
以加害生命、身體、自由、名譽、財產之事恐嚇他人，致生危害於安全者，處二年以下有期徒刑、拘役或九千元以下罰金。（刑法第305條）
Unofficial English summary (not an official translation): Article 305 concerns a threat to harm life, body, freedom, reputation, or property that endangers another person's safety.
How does extortion differ from a threat to safety?
Article 346(1) punishes a person who, intending unlawful ownership for themselves or a third person, uses a threat to make someone hand over property belonging to that person or another. The penalty is imprisonment from six months to five years, with a possible additional fine of up to NT$30,000. Article 346(2) also covers obtaining an unlawful property benefit for oneself or another in this way.
Article 305 does not require delivery of property. A completed Article 346 offense additionally requires unlawful-ownership intent and delivery of property or acquisition of an unlawful property benefit; attempts are also punishable. It is a property offense with a different statutory penalty.
意圖為自己或第三人不法之所有，以恐嚇使人將本人或第三人之物交付者，處六月以上五年以下有期徒刑，得併科三萬元以下罰金。以前項方法得財產上不法之利益或使第三人得之者，亦同。（刑法第346條第1項、第2項）
Unofficial English summary (not an official translation): Article 346 covers obtaining property or an unlawful property benefit by threat, with the required intent; its first two paragraphs carry a six-month to five-year imprisonment range.
Is an unsuccessful attempt at extortion punishable?
Yes. Article 346(3) expressly punishes attempts under its first two paragraphs. A person who begins the conduct but does not obtain the property or benefit may therefore still face an attempted-extortion allegation.
Article 305 contains no corresponding provision punishing attempts to threaten safety.
Must the victim file a complaint before prosecutors can proceed?
No. For the chapter containing Article 305, Article 308 makes only Articles 298 and 306 dependent on a complaint. The chapter containing Article 346 has no complaint-only provision for that offense. Prosecutors may therefore investigate and prosecute either threat offense without a victim's complaint.
Ordinary bodily injury under Article 277(1) generally requires a complaint under Article 287, except where a public official commits it while performing official duties. For complaint-only offenses, Code of Criminal Procedure Article 237 generally sets a six-month complaint period from learning the offender's identity. That six-month complaint period does not apply to Articles 305 and 346, although the general limitation period for prosecution under Criminal Code Article 80 still matters.
When might words in a workplace dispute become criminal threats?
Strong language from a manager or coworker is not automatically a threat offense. The question is whether the content threatens harm to life, body, freedom, reputation, or property and endangers safety, or whether the additional elements of extortion are present. The complete circumstances matter.
For broader workplace conduct, see the workplace bullying section and when bullying may become a criminal case. This article addresses the elements of the threat offenses only.
How do threats differ from public insult or defamation?
The threat offenses focus on harm to safety or obtaining property by threat. Public insult and defamation address injury to reputation in society. Their elements differ, even though a single incident may raise more than one issue.
Under Article 314, offenses in the Criminal Code chapter on reputation and credit require a complaint; the six-month complaint period under Code of Criminal Procedure Article 237 may therefore apply. The threat offenses described above are not complaint-only. See the separate public insult and defamation guide.
When might legal advice help?
If you have received a specific threat of harm, a demand to transfer property, or a disputed message whose meaning is unclear, preserve the conversation and chronology and seek advice promptly. The facts and statutory elements must be assessed together.
This page provides general information, not advice for an individual case.