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Back家長為讓子女入外僑學校購買變造護照,涉犯偽造文書罪
家長為讓子女入外僑學校購買變造護照,涉犯偽造文書罪
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自由时报yesterdayLaw2 min readChinaView translation

家長為讓子女入外僑學校購買變造護照,涉犯偽造文書罪

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一名家長為讓未成年女兒取得外僑學校入學資格,涉嫌購買並變造護照,試圖在出國旅遊時持偽造護照向移民官申請補蓋出境查驗章以取得所需紀錄,但護照變造痕跡遭移民官當場識破並依法扣押,案件進入司法程序,父女皆面臨法律後果。

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Why It Matters

護照具有穩固功能、保證功能、證明功能,被歸類為刑法上的特種文書,偽造或變造護照可能觸犯刑法第212條,處一年以下有期徒刑、拘役或九千元以下罰金。

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◎ 法操司想傳媒

在電影中,時常看到間諜拿著各國護照變換身分,竊取情資,一般人要拿到假的護照可沒那麼容易,護照的防偽機制做的相當縝密,除非有什麼「特殊需求」,大部分的人不會選擇使用假護照或是購買假護照。

家長為讓未成年女兒取得外僑學校的入學資格,涉嫌購買並變造護照,趁帶女兒出國旅遊時,企圖持偽造護照向移民官申請補蓋出境查驗章,藉此取得入學所需的出境紀錄。護照上的變造痕跡遭移民官當場識破並依法扣押。(取自貼文)但近期有則新聞報導指出,有位家長為了讓未成年女兒取得外僑學校的入學資格,涉嫌購買並變造護照,甚至趁帶女兒出國旅遊時,企圖持偽造護照向移民官申請補蓋出境查驗章,藉此取得入學所需的出境紀錄。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。

護照是什麼類型的文書

刑法中在偽造、變造文書的犯罪中,所謂的「文書」必須具備一定的特性,因為這類犯罪主要是在保護社會大眾對文書真實性的信賴。通常文書具備三種特性:穩固功能、保證功能、證明功能,偽造、變造文書罪所保護的是文書的可信賴性,因此文書原則上須具備三項功能:

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。

證明功能:內容須能證明具有法律重要性的事實,例如訂單可證明買賣關係;單純表達感情的情書則不具此功能。

至於護照,通常被歸類在刑法的「特種文書」當中,除了護照以外,旅券、免許證、特許證及關於品行、能力、服務或其他相類之證書、介紹書也是特種文書。

若偽造、變造護照,即很有可能涉犯刑法第212條,偽造、變造護照、旅券、免許證、特許證及關於品行、能力、服務或其他相類之證書、介紹書,足以生損害於公眾或他人者,處一年以下有期徒刑、拘役或九千元以下罰金。

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?

Open Questions

  • 該家長是否曾經成功使用變造護照申請入學?
  • 變造護照的來源及購買管道為何?
  • 女兒是否因此失去就讀外僑學校的機會?

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