The authoritative criminal law such as crime is still being abused today to crack down on dissidents, and even in the case of splashing paint, the trial court did not accept the voluntary lawyer group in the lawsuit, and stopped the trial to ask the justice to explain the crime of insulting the public office. . The function of the Constitution guaranteeing freedom of speech seems to be stagnant in this case. The "crime of insulting the public office" established during the political training period should have been abolished long ago The reason for the verdict is not yet available, and this article only starts from the unconstitutional doubt of the crime of insulting the Office.
The so-called crime of insulting the Office color correction services is stipulated in Article 140, Item 2 of the Criminal Law. Such a law will most directly restrict the freedom of speech of the people, including the symbolic speech expressed through actions in this case. In fact, the so-called insult to the Office is rather the expression of the people's opinions towards the country, and since it is the expression of the people's opinions towards the country, their remarks are out-and-out political speeches. According to the academic two-level theory, such opinions are high-value speeches. If we want to control them, we must use a strict angle to test legislative restrictions, otherwise people can say Anything that cannot be said will be easily controlled by the state.
At that time, opinions will not be circulated, malpractice cases will not be supervised, the sun will not shine on corrupt places, and correct values will not be able to be more and more clearly defined. When the embankment breaks, everyone will not be spared. The traffic light in the first 78 seconds of the Executive Yuan Photo Credit: Critical Review Network The Judicial Yuan Interpretation Document No. 414 also clearly stated that speech will have different protection categories and criteria according to its nature, and it clearly recognizes the way of distinguishing the value of freedom of speech in theory.