| 英文摘要 |
This article is a commentary on the No.3 verdict of 2024 of the Constitutional Court. In this judgment, the Constitutional Court addressed the question of whether the crime of public insult in Article 309 of the Taiwanese Criminal Code is unconstitutional. In this article, we will introduce the background of this judgment (1), the main issues of this case (2), and then provide the comment in the theoretical aspect. Considering that there are quite diverse doctrinal views on the legal interests of reputation, this article first introduces and reviews the various existing theories, and points out that in the crime of public insult, the situation that every individual’s personal dignity should be the legal interest of the crime, and analyzes the basic position adopted by this Constitutional Court. Secondly, this article also reviews the scope of punishment based on the specific elements of the restrictive interpretation proposed by the Constitutional Court, and analyzes the problems that may occur under the restrictive interpretation provided in this judgment and need to be further overcome in the future. |
