大法官解釋表頭
Interpretation
J.Y.
Interpretation
 NO. 94 
Date 1962/2/14
Issue When civil death has been pronounced on a public servant because he has committed repeat offenses, is the punishment of dismissal from office included in civil death?
Holding
1
    When civil death has been pronounced on a civil servant because he has committed repeat offenses, the punishment of dismissal from office is included in civil death. However, Article 2, Subparagraph 4, of the Attorney Act does not apply to this situation. Interpretation Yuan Tzu No. 2658 should thus be supplemented.


Reasoning
1
    Pursuant to Article 36, Subparagraph 1, of the Criminal Code, pronouncing civil death on a person means to deprive that person of the opportunity to be qualified as a public servant. The effect of civil death is more serious than the punishment of dismissal from office. When civil death is pronounced on a public servant because he has committed repeat offenses, the punishment of dismissal from office is included in civil death. In procedure, such person should not be punished again. The stipulation of Article 25 of the Public Functionaries Disciplinary Act is clear on this matter. However, Article 2, Subparagraph 4, of the Attorney Act does not apply to this situation. Interpretation Yuan Tzu No. 2658 should thus be supplemented.

'Translated by Lawrence L. C. Lee.