大法官解釋 釋字第777號 |
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| 公佈日期：2019/05/31 |
| 解釋爭點 |
| 刑法第185條之4之構成要件是否違反法律明確性原則？其刑度是否違反比例原則？ |
| [18] Canadian Criminal Code section 320.16 states that: ‘(1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance. (2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person. (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.’ https://laws.justice.gc.ca/eng/acts/C-46/page-71.html#docCont last visited: May 20. 2019. [19] Canadian Criminal Code section 320.16 stipulates that: ‘Everyone who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is liable on conviction on indictment or on summary conviction (a) to the following minimum punishment, namely, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; (b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years;and |
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