Judicial Yuan Deletes Provisions on Adultery|通姦罪涉違憲 相關法條擬刪除送審

C. Chuang
發布時間: 更新時間:

The Constitutional Court previously struck down a law criminalizing adultery. On June 16, the Judicial Yuan deleted a  proviso in Article 239 of the Code of Criminal Procedure that allowed the victim spouse to withdraw his or her complaint against the spouse only.

With regards to Article 234-2 of the Code of Criminal Procedure, which is the provision on who has the right to file lawsuits in Article 239 of the Criminal Code, it has also been deleted. With regards to the proviso in Article 239 of the Code of Criminal Procedure, we conformed to the content of the Constitutional Court's interpretation No. 791 and deleted this proviso. We added a proviso to Article 348-2, which is that if the original ruling is innocent, waived, or not accepted, then there is no basis for a joint appeal.

After the Constitutional Court decriminalized adultery on May 29, the Judicial Yuan deleted the corresponding provisions in Article 234-2 and Article 239 of the Code of Criminal Procedure accordingly. It also passed amendments that stipulate the plaintiff cannot appeal on those charges that have been found not guilty in the first trial."

司法院刑事廳調辦事法官 吳元曜表示:「對於刑事訴訟法第234條第2項,也就是刑法第239條的"專屬告訴權人"的規定,也相應做刪除。另外對於刑事訴訟法第239條但書,也配合大法官解釋第791號的意旨,也把這個但書刪除,就348條第2項設置一個但書,也就是原審是無罪,免訴或不受理,這樣就沒有併同上訴。」