A Study on Forgery of Document---Comparing Taiwanese Law with German Law

• Main Authors: Wu, Yaw-Tzung, 吳耀宗
• Other Authors: Gan, Tian-Guey
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/59057981069834509996

博士 === 國立臺北大學 === 法律學系一般生組 === 96 === Forgery cases are very popular in Taiwan. However, there are a few issues left when the courts apply the current statues to these cases. Despite this, researches on such topics are very limited in Taiwan; therefore, it is necessary for us to engage in a wider, deeper discussion on these issues. This study, on the research range, uses Taiwanese criminal statutes as the main theme, along with the related ones in Germany laws. It discuss the acts of falsely or fraudulently making or altering different kinds of documents, which are regulated by Article 210 to 215 and Article 220 in Taiwanese Criminal Code. This dissertation does not discuss the issues by following the sequence and structure of the statutes ; rather, it employs a systematic approach to deal with related issues. Firstly, on the interest to be protected under forgery law and legislators' intention, this paper introduces and reviews relative theories and the courts' opinions respectively in Taiwan and Germany, then expresses my own views. At the same time, a particular discussion is devoted to discuss the legitimacy to early execute the penalty of forging documents. Secondly, this dissertation discuss the definition of "documents in Taiwan and German, and also touch upon the idea of "quasi-documents" which is defined by Article 220 of Taiwanese Criminal Code . This study not only analyzes and discusses on these issues, but also provides a basic conception on the idea of documents in forgery crimes. It further states our stance on how to appropriately distinguish "documents" from "quasi-documents" in accordance with the current regulations. Next, we discuss and analyze all sub-categories of "documents", including official and private documents, purpose and inadvertent documents, disciplinary and proof documents, integral documents, specific documents, and business documents. This research puts great emphasis on official documents. Then we discuss how to differentiate "documents" from "quasi-document" in real cases, such as photocopies, fax, business cards, and traffic signs. Right after that is an analysis on the acts of forgery, spoliation, and other specific controversial issues. Then, discuss how to interpret the unique element of forgery - "to cause damage to the public or others". Furthermore, on the issues about mens rea of forgery, including "knowingly" and "purposely", are also noted. Lastly, the final part of this dissertation concludes with views on various forgery problems and suggestions for statues amendment.