Interpretation
J.Y. Interpretation |
NO.37
|
Date |
1954/7/23 |
Issue |
Shall the properties seized by the law-enforcing authority in enforcing special criminal cases be subject to the creditor's legitimate claims attached thereon? |
Holding |
1 The enforcing authority in the event of enforcing special criminal cases is not obligated to pay the debts of the prisoner with the seized properties. However, based on the spirit of Article 15 of the Constitution under which personal properties shall be protected, in the event that a bona fide third party claims creditor's rights, the enforcing authority shall, under Article 475 of the Code of Criminal Procedure, proceed in accordance with the Compulsory Enforcement Act. 'Translated by Ken-Ying Tseng, Lee and Li, Attorneys-At-Law.
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