On Crime of Violations to the Function of Criminal Justice
Date Issued
2006
Date
2006
Author(s)
YANG, HUNG OU
DOI
zh-TW
Abstract
This essay, by referring to variant criminal statutes and their histories of some countries, specifies the underlying legal goods (Rechtsgut) and legal requirements of Crime of Concealment of Offenders, Crime of Perjury, Crime of Destruction of Criminal Evidence, and Crime of Malicious Accusation. It is commonly held that the four categories of crime are designed to protect the function of criminal justice. This essay, however, concurs with more reasons that Crime of Perjury and Malicious Accusation also protect personal legal goods such as personal liberty from wrongful restraints in ways which Crime of Concealment of Offenders and Destruction of Criminal Evidence do not, by examining their structures of legal sentence. Furthermore, by examining their underlying legal goods, the Crime of Concealment of Offenders and Destruction of Criminal Evidence, which are regulated in the Chapter Nine of the Criminal Code, may be explained as types of prevention of conviction and thus violations to the function of criminal justice, because they are committed in order to hide real offenders from criminal prosecution. As to the Crime of Perjury and Malicious Accusation, which are regulated in the Chapter Ten of the Criminal Code, they are committed not only to violate the function of criminal justice but also to create a possibility of wrongful confinement of individual persons. That’s why they can be seen as types of frame-up and thus are punishable for as high as seven years of legal sentence. By this kind of re-orientation, logical consistency in our criminal trials might be achieved.
Subjects
藏匿人犯罪
偽證罪
湮滅刑事證據罪
誣告罪
法益
刑事司法作用
個人法益
使人出罪的類型
入人於罪的類型
法定刑
Crime of Concealment of Offenders
Crime of Perjury
Crime of Destruction of Criminal Evidence
Crime of Malicious Accusation
Legal Good (Rechtsgut)
Function of Criminal Justice
Personal Legal Good
Types of Prevention of Conviction
Types of Frame-up
Legal Sentence
SDGs
Type
thesis
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