Taiwan MOI proposes minimum one-year jail term for evading alternative military service

Taiwan's Ministry of the Interior (MOI) has proposed tougher penalties for conscripts who evade alternative military service, citing a rise in cases of draft dodging.

The ministry has drafted amendments to Article 55-1 of the Enforcement Statute for Substitute Services, which governs penalties for those who avoid alternative service obligations. The draft is open for public comment until 10 August 2026.

Military service is a constitutional duty of citizens, the ministry said, adding that current penalties have proven insufficient to deter evasion.

Weak deterrence under existing law

Under existing law, those who intentionally evade alternative military service face a maximum penalty of five years in prison. In practice, however, most offenders receive deferred prosecution or sentences of six months or less.

Sentences of six months or under can be converted into fines or community service under Taiwan's Criminal Code, the ministry said. It added that this has reduced the deterrent effect of the law, encouraging some conscripts to risk evasion.

The ministry warned that other eligible conscripts could be emboldened to act similarly, undermining the fairness of the conscription system.

Proposed minimum sentence and harsher penalties for delay

The central element of the draft amendment is the introduction of a minimum prison term of one year, alongside the existing maximum of five years.

The ministry said the change is intended to strengthen deterrence and uphold fairness within the conscription system.

A second provision would raise prison sentences by two-thirds for conscripts who deliberately delay fulfilling their service obligations until they age out of eligibility.

Under current law, men are no longer required to serve after the end of the year in which they turn 36. The ministry said some conscripts have sought to exploit this by stalling until they reach that age, a practice the amendment seeks to close off.

Conduct covered under the draft amendment includes falsifying grounds for exemption or deferment, deliberately injuring oneself or altering one's physical condition, failing to report after a deferment reason no longer applies, refusing a summons for service, and leaving the country without approval or failing to return after an approved trip abroad. Repeat offences involving arranging for another person to serve as a substitute would also carry increased penalties.

The ministry reiterated that the amendment does not represent a major shift in military service policy. It said the changes are intended to ensure that male citizens fulfil their existing legal obligations, and that those who comply with service requirements would not be affected.

Reports citing the entertainment industry, where several cases of alleged draft evasion have previously drawn public attention, have noted that both the Ministry of National Defense (MND) and the MOI have been considering legislative responses to such cases.