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(釋字第 129 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.129 
Date 1970/10/30
Issue Is Interpretation No. 68 applicable to a minor under the age of 14 who participated in a rebellion organization and has not voluntarily submitted himself to the authorities or has no evidence to prove his withdrawal from said organization upon reaching 14 years of age?
Holding
1
    A person who participated in a rebellion organization when he was under 14 years old is criminally liable when he becomes 14 years old or older provided that he has not voluntarily submitted himself to the authorities, or that there is no evidence to prove that he did withdraw from the organization. This Yuan’s Interpretation No.68 shall apply in this circumstance.
Reasoning
1
    An act committed by a person under 14 years old is not punishable by law, which is explicitly provided in Article 18, Paragraph 1, of the Criminal Code. However, the act of participating in a rebellion organization has the nature of continuousness. A person who participated in a rebellion organization when he was under 14 years old is criminally liable when he becomes 14 years old or older provided that he has not voluntarily submitted himself to the authorities, or that there is no evidence to prove that he did withdraw from the organization, on the ground that his act is in the state of continuousness. This Yuan’s Interpretation No.68 shall apply in this circumstance. As to the issue of commutation or remission, it is a matter of the facts and shall be decided by the relevant authorities, and does not fall into the scope of this Interpretation.

'Translator by Jaw-Pern Wang.
Opinion Chinese only
 

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