A discussion about "Cimes Participation"--Focus on Criminal Code Article 231

• Main Author: 曾京賢
• Other Authors: 周慶東
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/qcm4x5

碩士 === 中央警察大學 === 法律學研究所 === 106 === Abstract This article from the point of view of “Crimes participation” has explore the Criminal Code Article 231（A sexual intercourse or an obscene crime by decoy in Criminal Law）, and further found an offender is not a clear positioning. According to the explanation of elements of this crime, people can see that the offender is essentially the activities of the sex trade facilitator, just like an aider and abettor. As a result of the sex trade itself is not a crime, and cause of the offender to promote behavior cannot be subordinate to the behavior of the sex trade. Generally, we cannot apply the principle of the Subordinate of Complicity. Some scholars had claimed that the accomplice becoming a perpetrator is to solve the above issues and provide the punishment foundation, but there is no in-depth study on the legitimacy of the legislative model and let the penal turned into moral tools. The theory of Criminal Law and Judicial practice are the views from “Concursus Necessarius” can arrive in different conclusions. The former means this offender to behave an indirect encounter offense, and the latter is the combination of internal and external relationships to interpret the facilitate act. Both opinions mentioned above have different explainations, but the former opinion can emphasize the relations within third-party and make modest adjustments. However, elements of this crime cover a wide range, once involved in the behavior to perpetrate sex trade commit crime. To reflect this legislation is to protect an abstract concept, which is not to protect the suffering of prostitutes from sexual exploitation, or even deprived this offender of his occupational freedom and business freedom. Consequently, Criminal Code Article 231 should be used as a justification for the abolition of the law.