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Back日本河口湖命案》楊女台日兩邊刑責都追究 林智群:回台還要再起訴再關
日本河口湖命案》楊女台日兩邊刑責都追究 林智群:回台還要再起訴再關
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自由时报3 hours agoCrime1 min readChinaView translation

日本河口湖命案》楊女台日兩邊刑責都追究 林智群:回台還要再起訴再關

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涉嫌在日本割頸殺人的楊姓女子將在日本受審服刑。律師林智群指出,因涉殺人罪屬3年以上重罪,返台後仍須經地檢署起訴與法院審理,若刑期高於日本服刑期,返台後須補足差額。

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Why It Matters

律師林智群依據中華民國刑法第七條及第九條說明國民在境外犯罪之法律適用與執行折抵問題。

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律師林智群說明,假設關15年。她回台灣,因為是殺人罪(3年以上重罪),台灣這裡還是要被地檢署起訴,法院還要審理一次。

涉嫌在日本割頸殺人的楊姓女子,目前進度是楊女會在日本受審、被關。律師林智群說明,假設關15年。她回台灣,因為是殺人罪(3年以上重罪),台灣這裡還是要被地檢署起訴,法院還要審理一次。如果最後法院判20年,那這個女生還要補關5年。

林智群在臉書引述中國民國刑法第七條本法於中華民國人民在中華民國領域外犯前二條以外之罪,而其最輕本刑為3年以上有期徒刑者,適用之。但依犯罪地之法律不罰者,不在此限;與第九條同一行為雖經外國確定裁判,仍得依本法處斷。但在外國已受刑之全部或一部執行者,得免其刑之全部或一部之執行。

Open Questions

  • 日本法院最終判決結果為何?
  • 嫌犯何時會被遣返回台?

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This article was originally published by 自由时报.

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