A Study on the Forged Document to Estimate the Feasibility of Dangerous Offense As an Integrated Criterion - Focusing on the Taiwan High Court Judgment.

• Main Authors: LIU, CHUNG-CHE, 劉中哲
• Other Authors: CHEN, YU-FENG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/pbdcas

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 106 === The foundation of no penalty without a law (Nulla poena sine lege) shall be the clarity of constitutional elements. Because of there is absolutely no way to judge whether or not a person's behavior belongs to the scope of the constituent elements, if the meaning of the constituent elements is not clear. The penalty effect is limited except for the principle of guilty conscience, if the actor cannot clearly understand or defend himself subject to criminal punishment. Because of the scope to the documents is too wide in the design of the elements of the crime of forging instruments. There are no way how to figure out the common sense of danger on the law for the legislator detailed elements of the crime. In addition to confusing the subject of protection and action in the judgment, the excessive floating of the specific risk identification leads to the loss of filtering function of the constituent elements and the clarity. Due to the hollowing out of the elements of crimes, the actor cannot predict what kind of effect on the law shall cause by his behavior, thus shall not strengthen the normative functions to reach the preconceived goal of preventing harm. In the criterion of the Securities and Exchange Act on the financial report liability, separate out the subjective intention of the actor’s intention of fraud or illegal intent, depending on the law of infringement and the application of different competing relations to be offended by criminal sanctions. Compared with the problems derived from the application of the crime of forgery, the criminal lawsuit, the civil compensation and the administrative penalties for those who intend to illegal act more deterrent. This kind of criterion of economic criminal law not only conforms to the modest thought and the ultimate means of criminal law, but also more conform with the spirit of the statutory principle of punishment of crime. Considering the legal interests we care about, it is a reasonable option to abolish the crime of forging documents and return to the lex specialis if the special criterion of each individual regulation are more effective in protecting.