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大法官解釋表頭

(釋字第 68 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.68 
Date 1956/11/26
Issue Does Article 2 of the Criminal Code apply to the act of participating in a rebel organization before the effective date of the Betrayers Punishment Act?
Holding
1
    Anyone who participated in a rebel organization shall certainly be deemed to be still participating in the organization before he voluntarily submits himself to the authorities, or when there is no evidence to prove that he did withdraw from the organization. Even after the effective date of the Betrayers Punishment Act on June 21, 1949, if a person’s act is in the state of continuousness, Article 2 of the Criminal Code shall not apply because the law was not amended after the completion of the act. Because the scope of the Decrees for Amnesty and Punishment Reduction of Criminals is limited to the acts committed before December 31, 1946, the Decrees shall not apply to the acts that continue beyond said day.

'Translator by Jaw-Pern Wang.
 

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