All of cmhuangoffice's articles are original, and I, the Chairman, have never plagiarized or reposted any article. My place of domicile is Tainan City, and the Tainan District Court exercises jurisdiction. Please accuse me if I plagiarized or reposted any article. If you accuse me maliciously, I will make a countercharge according to the Article 169 of the Criminal Code and the necessary civil compensation. For the protection of the freedom of speech, it means someone can give evidence truly, or he has to accept the criminal penalty. The relative definition is quoted by the Judicial Yuan Interpretation No.509.
Judicial Yuan Interpretation No.509
The freedom of speech, a fundamental right guaranteed by Article 11 of the Constitution, requires that the government grant a maximum amount of protection for free speech. Only under the purview of the constitutional protection can we fully realize and express ourselves, pursue the truth, and take part in all manners of political and social activities. However, in light of protecting other fundamental rights such as personal reputation and privacy and public interests as well, the freedom of speech is not an absolute right but subject to reasonable statutory restraints imposed upon the communication media. Article 310, Paragraphs 1 and 2, of the Criminal Code criminalizes defamation in order to protect individual legal interests, a necessary countermeasure to prevent one's infringement of others' freedoms and rights. Such restraints do not violate Article 23 of the Constitution. Article 310, Paragraph 3, of the Criminal Code provides truth as an affirmative defense against a conviction of criminal defamation. This provided defense purports to protect truthful speeches and to demarcate the reach of the government's penal power. However, it is not a corollary that for a successful assertion of the defense, an accused disseminator of a defamatory statement would have to carry the burden of proving its truthfulness. To the extent that the accused fails to demonstrate that the defamatory statement is true, as long as the accused has reasonable grounds to believe that the statement was true when disseminated and has proffered evidence to support the belief, the accused must be found not guilty of criminal defamation. This provision does nothing to exempt a public or private prosecutor from carrying his/her burden of proof to show that the accused has the requisite mens rea to damage another person's reputation, an evidential burden mandated under the criminal procedures, nor does it exempt the court from its obligation of discovering the truth. Accordingly, Article 310, Paragraph 3, of the Criminal Code does not violate the freedom of speech as it is protected under the Constitution.
Criminal Code Article 169
A person with the intention to cause another to receive penal or disciplinary punishment falsely accuses him before a competent public official shall be sentenced to imprisonment for not more than seven years.
The freedom of speech, a fundamental right guaranteed by Article 11 of the Constitution, requires that the government grant a maximum amount of protection for free speech. Only under the purview of the constitutional protection can we fully realize and express ourselves, pursue the truth, and take part in all manners of political and social activities. However, in light of protecting other fundamental rights such as personal reputation and privacy and public interests as well, the freedom of speech is not an absolute right but subject to reasonable statutory restraints imposed upon the communication media. Article 310, Paragraphs 1 and 2, of the Criminal Code criminalizes defamation in order to protect individual legal interests, a necessary countermeasure to prevent one's infringement of others' freedoms and rights. Such restraints do not violate Article 23 of the Constitution. Article 310, Paragraph 3, of the Criminal Code provides truth as an affirmative defense against a conviction of criminal defamation. This provided defense purports to protect truthful speeches and to demarcate the reach of the government's penal power. However, it is not a corollary that for a successful assertion of the defense, an accused disseminator of a defamatory statement would have to carry the burden of proving its truthfulness. To the extent that the accused fails to demonstrate that the defamatory statement is true, as long as the accused has reasonable grounds to believe that the statement was true when disseminated and has proffered evidence to support the belief, the accused must be found not guilty of criminal defamation. This provision does nothing to exempt a public or private prosecutor from carrying his/her burden of proof to show that the accused has the requisite mens rea to damage another person's reputation, an evidential burden mandated under the criminal procedures, nor does it exempt the court from its obligation of discovering the truth. Accordingly, Article 310, Paragraph 3, of the Criminal Code does not violate the freedom of speech as it is protected under the Constitution.
A person with the intention to cause another to receive penal or disciplinary punishment falsely accuses him before a competent public official shall be sentenced to imprisonment for not more than seven years.
