| 英文摘要 |
After the Taroko Express derailment accident, Executive Yuan has speedily passed a draft regarding negligent homicide, which includes “in particularly serious cases” and “causes the death of more than three” as reason for aggravating the sentence. This is the first time that the phrase “in particularly serious cases” would be used in the criminal code of Taiwan, therefore caused numerous discussion. According to the explanation of the draft, this draft referred to the regulation in criminal code of Austria. After analyzing the regulation in criminal code of Austria, and how it is to explain and apply, we can find out that the drafts is actually a combination of the element of “under particularly dangerous conditions” in old criminal code of Austria and the element of “a larger number of victims” in new criminal code of Austria. It is meaningful to understand the explanation of those regulations in Austria and how they would be applied first, before we take further discussion. |
