
AI-generated summary
Passports have stabilizing, guaranteeing and certifying functions, and are classified as special documents under criminal law. Forging or altering passports may violate Article 212 of the Criminal Law, and may result in imprisonment of not more than one year, short-term detention, or a fine of not more than 9,000 yuan.
◎ Facao Sixiang Media
In movies, we often see spies using passports from various countries to change their identities and steal intelligence information. It is not that easy for ordinary people to obtain fake passports. The anti-counterfeiting mechanism of passports is very carefully made. Unless there are "special needs", most people will not choose to use fake passports or buy fake passports.
In order for their underage daughter to obtain admission to a foreign school, the parents allegedly purchased and altered passports. While traveling abroad with their daughter, they attempted to use the forged passport to apply for a replacement exit inspection stamp from the immigration officer, thereby obtaining the exit records required for enrollment.護照上的變造痕跡遭移民官當場識破並依法扣押。 (Taken from the post) However, a recent news report pointed out that a parent allegedly purchased and altered a passport in order for his underage daughter to obtain admission to a foreign school. He even attempted to use the forged passport to apply for a replacement exit inspection stamp from the immigration officer while taking his daughter to travel abroad, thereby obtaining the exit records required for enrollment.不料,護照上的變造痕跡遭移民官當場識破並依法扣押,案件也因此進入司法程序。原本想幫女兒取得外僑學校入學資格,最後不但計畫落空,還因此讓未成年女兒面臨少年司法程序。
What type of document is a passport?
In the crime of forging or altering documents in criminal law, the so-called "document" must have certain characteristics, because this type of crime is mainly to protect the public's trust in the authenticity of the document. Generally, documents have three characteristics: stabilization function, guarantee function, and certification function. What the crime of forging or altering documents protects is the trustworthiness of the document, so in principle, the document must have three functions:
穩固功能:文字或符號須附著在能持續存在的實體上,例如寫用水寫在桌上,這就不能持續附著在實體上。
保證功能:能讓人辨認文書是由誰製作或由誰負責,即使製作者是虛構的,只要形式上可辨認即可。
Proof function: The content must be able to prove legally important facts. For example, an order can prove a purchase and sale relationship; a love letter that simply expresses feelings does not have this function.
As for passports, they are usually classified among the "special documents" of the criminal law. In addition to passports, travel vouchers, exemption certificates, licenses, and certificates and introductions regarding character, ability, service or other similar documents are also special documents.
If you forge or alter a passport, you are likely to be involved in a violation of Article 212 of the Criminal Law. Anyone who forges or alters a passport, travel voucher, exemption certificate, license, certificate of character, ability, service or other similar certificates and introductions that is enough to cause harm to the public or others shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention, or a fine of not more than 9,000 yuan.
家長為了讓子女唸外僑學校而選擇購買、變造護照,最後讓自己吃上官司,小孩也要上法庭,相當得不償失。法操建議求學還是走正規管道,避免麻煩找上身。
本文經授權轉載自法操》【刑法小教室】家長替子女買變造護照拚外僑學校,會犯什麼罪?

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