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(釋字第 159 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.159 
Date 1979/9/21
Issue Shall the court make a separate ruling to impose the sanction prescribed in Article 315 of the Criminal Procedural Code on the defendant?
Holding
1
    Article 315 of the Criminal Procedure Code provides that a defendant who is liable to publish the entire or partial judgment in the newspaper shall also pay for the cost. The court must make a separate ruling to impose this sanction on the defendant. If the defendant fails to comply with the court’s ruling, the prosecutor may execute the court’s ruling pursuant to Articles 470 and 471 of the Criminal Procedure Code. J.Y. Interpretation No. 1744 is therefore supplemented accordingly. 



Reasoning
1
    Article 315 of the Criminal Procedure Code provides that a defendant who is convicted of criminal perjury and false accusation or is convicted of defamation and fraud offense, is liable to publish the entire or partial judgment in the newspaper and shall also pay for the cost. The judgment referred to in Article 315 of the Criminal Procedure Code means the final judgment of the case. If a victim or a person who has standing files a motion to demand that the defendant publish the entire or partial judgment in the newspaper, the court shall make a separate ruling on whether to grant or deny the motion pursuant to Article 220 of the Criminal Procedure Code. If the court grants the motion but the defendant fails to comply with the court’s ruling, the prosecutor may execute the court’s ruling pursuant to Articles 470 and 471 of the Criminal Procedure Code. J. Y. Interpretation No. 1744 is therefore supplemented accordingly.

'Translated by Li-Chih Lin, Esq., J.D.
Opinion Chinese only
 

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