Article 320 punishes taking another's movable property with intent to obtain unlawful ownership for oneself or a third person by up to five years' imprisonment, short-term detention or a fine of up to NT$500,000. Article 321 raises the minimum to six months for theft involving circumstances such as entering a residence or carrying a weapon. Article 325 covers snatching, with a six-month to five-year range; “catching someone off guard” is a practical description, not statutory wording. Article 328 covers robbery using violence, threats or other means rendering resistance impossible, with at least five years' imprisonment. Violence or threats used immediately after theft or snatching to protect the proceeds, escape arrest or destroy evidence are treated as robbery under Article 329. After a second-instance judgment, Articles 320 and 321 theft cases generally cannot go to a third instance, subject to a statutory exception. No outcome or sentence can be predicted from the offense label alone.
What are the elements of theft under Article 320?
Taking another person's movable property with intent to obtain unlawful ownership for oneself or another is theft. It carries up to five years' imprisonment, short-term detention or a fine of up to NT$500,000. Taking possession of another's immovable property with intent to obtain an unlawful benefit is punished under the same provision. Attempts at either are punishable (Criminal Code, Article 320).
The core questions are whether the property was taken against the holder's will and whether the accused had the required unlawful-ownership intent. The latter depends on the case's facts and evidence.
意圖為自己或第三人不法之所有，而竊取他人之動產者，為竊盜罪，處五年以下有期徒刑、拘役或五十萬元以下罰金。意圖為自己或第三人不法之利益，而竊佔他人之不動產者，依前項之規定處斷。前二項之未遂犯罰之。（刑法第320條）
Unofficial English summary (not an official translation): Article 320 covers taking another's movable property with unlawful-ownership intent, unlawful occupation of immovable property for benefit, and attempts.
When does theft become aggravated theft under Article 321?
Article 321(1) lists six circumstances: entering or hiding in an inhabited residence, building or vessel; breaking through doors, windows, walls or other security devices; carrying a weapon; acting in a group of at least three; taking advantage of fire, flood or another disaster; or acting at a station, port, airport or within specified public transport. If one applies, the range is six months to five years' imprisonment, with a possible additional fine of up to NT$500,000. Attempts are also punishable.
The minimum six-month prison term differs from ordinary theft, for which short-term detention or a fine may be imposed.
How is snatching under Articles 325 and 326 different?
Snatching another's movable property with intent to obtain unlawful ownership carries six months to five years' imprisonment under Article 325. If the act causes death, the range is life imprisonment or at least seven years; if it causes serious injury, three to ten years. Attempts are punishable. In contrast to a concealed taking, snatching involves openly seizing the property before the holder can resist; that practical explanation does not replace the statute's elements.
If one of Article 321(1)'s six aggravating circumstances is present, such as carrying a weapon or acting with at least two others, aggravated snatching carries one to seven years' imprisonment. Attempts are punishable (Article 326).
What makes conduct robbery under Article 328?
With intent to obtain unlawful ownership, taking or inducing delivery of another's property through violence, threats, drugs, hypnosis or other means that render resistance impossible is robbery, punishable by at least five years' imprisonment. Obtaining an unlawful property benefit by the same means is also covered (Article 328(1)–(2)). This level of force or coercion is an element not shared by ordinary theft or snatching.
If robbery causes death, Article 328(3) provides death, life imprisonment or at least ten years; if it causes serious injury, life imprisonment or at least seven years. Attempts under paragraphs 1 and 2 are punishable. Preparing to commit robbery carries up to one year, short-term detention or a fine of up to NT$9,000 (paragraphs 4–5).
意圖為自己或第三人不法之所有，以強暴、脅迫、藥劑、催眠術或他法，至使不能抗拒，而取他人之物或使其交付者，為強盜罪，處五年以上有期徒刑。以前項方法得財產上不法之利益或使第三人得之者，亦同。犯強盜罪因而致人於死者，處死刑、無期徒刑或十年以上有期徒刑；致重傷者，處無期徒刑或七年以上有期徒刑。第一項及第二項之未遂犯罰之。預備犯強盜罪者，處一年以下有期徒刑、拘役或九千元以下罰金。（刑法第328條）
Unofficial English summary (not an official translation): Article 328 requires the specified means to render resistance impossible before taking property or an unlawful property benefit; its basic offense carries at least five years' imprisonment.
When is theft or snatching treated as robbery under Article 329?
If a person committing theft or snatching uses violence or threats on the spot to protect the proceeds, avoid arrest or destroy evidence, Article 329 treats the conduct as robbery. The robbery penalty then applies rather than the ordinary theft or snatching penalty.
The immediate timing and one of those listed purposes are essential. Whether the facts meet them requires case-specific assessment.
竊盜或搶奪，因防護贓物、脫免逮捕或湮滅罪證，而當場施以強暴脅迫者，以強盜論。（刑法第329條）
Unofficial English summary (not an official translation): Article 329 treats on-the-spot violence or threats after theft or snatching, used for its specified purposes, as robbery.
How is aggravated robbery assessed under Article 330?
Robbery accompanied by any of Article 321(1)'s six circumstances—such as entering a residence, carrying a weapon or acting in a group of at least three—carries at least seven years' imprisonment. Attempts are punishable (Article 330). The same list of circumstances is relevant to aggravated theft and aggravated snatching, though their penalties differ.
Can a theft case reach the third instance after a second-instance judgment?
Usually not for theft under Articles 320 or 321. Code of Criminal Procedure Article 376(1)(3) bars a third-instance appeal after the second-instance judgment in those cases. An exception allows the defendant or someone appealing for the defendant's benefit to appeal when the first instance gave an acquittal, exemption from prosecution (免訴), a judgment of non-acceptance or jurisdictional ruling, and the second instance reversed it and convicted.
Of the offenses discussed here, this listed restriction concerns theft. Snatching and robbery are not listed in Article 376(1), so the theft-specific bar does not automatically apply to them.
下列各罪之案件，經第二審判決者，不得上訴於第三審法院。但第一審法院所為無罪、免訴、不受理或管轄錯誤之判決，經第二審法院撤銷並諭知有罪之判決者，被告或得為被告利益上訴之人得提起上訴：……三、刑法第三百二十條、第三百二十一條之竊盜罪。（刑事訴訟法第376條第1項）
Unofficial English summary (not an official translation): Article 376(1)(3) names Criminal Code Articles 320 and 321 theft cases in the third-instance bar, with the first-acquittal-then-conviction exception stated in the same paragraph.
When might legal advice help?
From police questioning through trial, the distinctions between theft, snatching and robbery affect the issues in a defense and the available procedures. If you receive a police notice or prosecutor's summons, seek advice promptly to clarify the allegation and evidence. This is general information, not advice or a prediction for an individual case.