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  • Interpretation
  • No.84
  • Date
  • 1959/12/02
  • Issue
    • Should a public functionary cease his function of office when he is sentenced to civil death and probation?
  • Holding
    •        According to the final instance of the Criminal Law, a public functionary sentenced to civil death and probation should cease his function of office.
      
  • Reasoning
    •        Pursuant to Article 17, Subparagraph 2, of the Public Functionaries Disciplinary Act, Article 76 of the Criminal Code, and according to the final instance of the Criminal Law, a public functionary sentenced to civil death should cease his function of office. For a person who has been granted probation even though he is guilty, the announcement of a term of imprisonment will lose its potency when probation expires and the announcement of probation is not rescinded. According to the final instance of the Criminal Law, if a public functionary is sentenced to civil death and is in the period of probation, the proclamation is still effective and the reason for ceasing his function of office still exists. Therefore, according to the probationary period stipulation, a public functionary should cease his function of office. Hence, J.Y. Interpretation No.56 does not exclude the adoption of Article 17, Subparagraph 2, of the Public Functionaries Disciplinary Act. 
      
    • *Translated by Lawrence L. C. Lee.
      
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