Criminal Negligence: A Case Study

• Main Authors: Chen, Yi-Chuan, 陳怡娟
• Other Authors: Huang, Tsung-Min
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/97w28q

碩士 === 中國文化大學 === 法律學系 === 106 === The core for judging criminal negligence nowadays is “whether the behavior existing remissness that would lead to the result.” This judging standard obscures the procedure of judging crime, coming with extending the proceeding of judging, lacking of consistency in opinion and not suitable for judging traditional cases. In addition, the unstable standard of judging criminal negligence distresses people about committing crime incautiously so that the decriminalization of this issue has been discussed through this butterfly effect. This article starts with a medical case that was related to Stevens-Johnson syndrome, which experienced seven trials. Analyzing the verdict, the results and the procedures of judgments from each trial. With the change of the theory for judging negligence, the condemnation in criminal law moves from “valuelessness of conduct”(Handlungsunwert) to “valuelessness of consequence”(Erfolgsunwert); however, the punishment of criminal code is not only due to the act is illegal, but it violats the legal interest that criminal code is protecting. Base on the point, screening the necessity of protecting legal interest should be considered in the core of judging crime. The nowadays judging structure of criminal negligence is formed by the evolution of hermeneutics in criminal law. Therefore, if the structure of judging criminal negligence should be reformed, the essence of negligence crime, the method today for judging negligence crime and the reason behind…etc. should be reconfirmed as well. According to paragraph 1, article 14 of the Criminal Code of Republic of China:“A conduct is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense,” which is similar to the application of the criminal code draft amendment from German. Because of this, some observation about the method of dealing with negligent criminals, rules that connected and some academic thesis through ancient Germanic period had been mentioned in Chapter three. Reviewing from the thesis, the punishments of negligent criminals in criminal code are based on whether “the public could tolerate the ignoring act from the actor.” Attribute to the criminal code in Germen do not define the negligence concept, they have to rely on academic thesis to support the abstract standard. There are three different judging structures as objects in this article, hoping that this study can give back through analyzing the influences of judging through these different structures. Based on the essence discussion about criminal negligence and the definition for criminal code of our nation, this study advocates that the timing of judging criminal negligence should step back to the culpable stratum, judging with the old theory of criminal negligence. Define elements of crimes to confirm that the act is not sporadic, then, discuss the propriety and the negligence of actor.