原住民持用槍械實務問題研究

Case Studies on Firearms Possession by Taiwanese Indigenous Peoples Heng-Da

本文討論原住民持用槍械在刑事司法實務上常見的三個子議題，包括 1. 原民住拾獲槍械後得否合法持有？ 2. 原住民原合法持有卻轉為犯罪目的而持有，得否排除刑責？ 3. 原住民身分與免責規範適用的關聯議題。 統文化或傳統文化的延續表現方式內，合法地持有槍械，但若未能符合此項實質要素，恐怕在現行法上難以認定合法持有，但必須個別判斷各類不同的情狀。 This article aims to deal with three criminal law topics concerning indigenous rights: 1. Can indigenous people legally possess a shotgun that is found without approval? 2. Can indigenous people still legally possess a shotgun when he used it to commit a crime? 3. What kind of role does the identity of indigenous people play as he was charged by prosecutor? The author argues that indigenous in Taiwan shall be intitled to possess a shotgun as tools for making a living without approval. However, the court should investigate specific facts and circumstances to rule that an indigenous defendant possess a shotgun right for such purpose.

This article aims to deal with three criminal law topics concerning indigenous rights: 1. Can indigenous people legally possess a shotgun that is found without approval? 2. Can indigenous people still legally possess a shotgun when he used it to commit a crime? 3. What kind of role does the identity of indigenous people play as he was charged by prosecutor? The author argues that indigenous in Taiwan shall be intitled to possess a shotgun as tools for making a living without approval. However, the court should investigate specific facts and circumstances to rule that an indigenous defendant possess a shotgun right for such purpose.