Case News
The TCC delivers its Judgment 113-Hsien-Pan-4 (2024)
TAIPEI, May 2— The Taiwan Constitutional Court (TCC) delivered its Judgment of the "Case on the Criminalization of Public Insult II" on April 26, 2024.
Principal Facts, Issues, and Procedure of the Case
Article 309, Paragraph 1 of the Criminal Code (hereinafter "the disputed provision") stipulates: "A person who publicly insults another shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars." The constitutionality of the provision is called into question.
This case was not consolidated with the petitions of TCC Judgment 113-Hsien-Pan-3 (2024) because it was filed after the oral argument of TCC Judgment 113-Hsien-Pan-3 (2024) and concerned other criminal code articles in terms of its facts. The petitioner of this case was prosecuted under the disputed provision and Article 301, Paragraph 2 of the Criminal Code for public insult and libel (so-called "aggravated defamation"). The petitioner was later found guilty by the Penghu District Court Summary Division for the commission of both public insult and libel in the same act and was sentenced for the latter under the rules of ideal concurrence. After an unsuccessful appeal to the Penghu District Court, the petitioner lodged a constitutional complaint against the disputed provision and her final court decision (Penghu District Court Summary Judgment 112-Chien-Shang-7 (2023)). The petitioner argued that (1) the disputed provision violates equality and the principle of clarity and precision of legal provisions; (2) the disputed provision disproportionately constrained the people's right to personal freedom and freedom of speech; and (3) the final court decision is unconstitutional for not considering the facts under the scope of TCC Judgment 112-Hsien-Pan-8 (2023).
Judgment 113-Hsien-Pan-4 (2024) was announced on April 26, 2024. Justice Tzung-Jen TSAI wrote this Judgment. One opinion dissenting in part was filed jointly by two Justices.
Decision of the Court
The TCC upheld the constitutionality of the disputed provision, citing TCC Judgment 113-Hsien-Pan-3 (2023).
The TCC quashed the petitioner's final court decision because it failed to consider the case under the scopes of TCC Judgments 113-Hsien-Pan-3 (2024) and 112-Hsien-Pan-8 (2023). The TCC remanded the case to the Penghu District Court.
Notes:
- Full texts of the Judgment and Opinions are available on the TCC website here (Traditional Chinese). An English summary of this Judgment will be available later on the TCC English website.
- The TCC's Case News is prepared by the Department of Clerks for the Constitutional Court (Judicial Yuan) for information only and does not bind the Court.
- In case of any conflict of meaning between the Traditional Chinese version and the translated English version, the Traditional Chinese version shall prevail.