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大法官解釋表頭

(釋字第 145 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.145 
Date 1976/4/30
Issue Does the “majority of people” elaborated in Interpretation Yuan-Tze No. 2033 regarding Article 234 of the Criminal Code include “a specific majority of people”?
Holding
1
    The so-called “majority of people” elaborated in Interpretation Yuan-Tze No. 2033 regarding Article 234 of the Criminal Code includes “a specific majority of people”. Yet it should be further elaborated as to the number of people that that constitutes “publicly” pursuant to purposes of legislation and actual circumstances.
Reasoning
1
    Inasmuch as Interpretation Yuan-Tze No. 2033 regarding Article 234 of the Criminal Code states that, “the ‘publicly’ criterion is satisfied as long as a non-specific number of people or a majority of people may all see or hear an indecent act”, it is thus not necessary to require that a non-specific number of people or a majority of people did see or hear such an indecent act to satisfy the ‘publicly’ criterion in Article 234 of the Criminal Code, as long as the de facto circumstance of a non-specific number of people or a majority of people being able to see or hear satisfies the ‘publicly’ criterion.   It is quite clear, after reviewing the said Interpretation and the petition for the interpretation, that the so-called “a majority of people” includes “a specific majority of people”. As for the numerical calculation of “a specific majority of people” needed to satisfy the ‘publicly’ criterion, it varies with different crimes just as the nature of such crimes also varies. The number of people that constitutes the ‘publicly’ criterion should be determined pursuant to purposes of legislation and actual circumstances. Therefore, the foregoing Interpretation should be further elaborated.

'Translated by WELLINGTON L. KOO, and Formosa Transnational attorney at law.
Opinion Chinese only
 

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