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Back檢察長解析中秋送禮是否構成賄選:關鍵在對價關係而非禮品價值
檢察長解析中秋送禮是否構成賄選:關鍵在對價關係而非禮品價值
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自由时报1 hour agoPolitics2 min readChinaView translation

檢察長解析中秋送禮是否構成賄選:關鍵在對價關係而非禮品價值

Quick Look

彰化縣議長謝典霖涉宴客賄選被收押,台中地檢署檢察長洪家原受訪強調,選舉期間送禮或請吃飯並不自動構成賄選,關鍵在於是否形成利益與投票支持間的對價關係,並超越一般社交禮俗,同時警惕數位利益與虛假資訊等新型選舉干擾。

AI-generated summary

Why It Matters

年底選舉將近,民眾對送禮活動是否觸法產生疑慮,彰化縣議長謝典霖涉宴客賄選案引發社會關注。

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彰化縣議長謝典霖疑宴客涉賄選遭收押,近日也有許多參選人擔心被指賄選,不敢送中秋摸彩品、取消親子活動,台中地檢署檢察長洪家原在受訪時表示,並非選舉期間一送禮、一請吃飯就構成賄選,也不是禮品價值不高就沒問題,關鍵在於是否有形成利益與投票支持間的「對價關係」,以及是否逾越一般社交禮俗,呼籲市民共同守護乾淨選風。

中秋節將到來,近日許多社區團體舉辦中秋聯歡、餐會、摸彩及贈禮活動,因年底選舉將屆,許多民眾擔心是否涉賄?台中地檢署檢察長洪家原受訪時表示,並非選舉期間一送禮、一請吃飯就構成賄選,也不是禮品價值不高就一定沒有問題。司法實務判斷重點,是綜合觀察財物或利益價值、性質、提供對象、時間、方式、是否為平日既有慣例、是否逾越一般社交禮俗,以及有無明示或默示的投票請託,核心在於該利益是否足以動搖或影響有投票權人的投票意向,並形成利益與投票支持間的「對價關係」。

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洪家原進一步說明,例如社區、宮廟或地方團體例行舉辦中秋活動,候選人僅受邀出席並適度贊助一般禮品,採不特定大眾隨機摸彩,原則上不能僅憑此即認定賄選;反之,如選前突然大額提供高價家電、現金、禮券,或以摸彩為名近乎「人人有獎」,再結合拉票請託,即應高度警覺。

對於近日受到討論,舉辦造勢活動準備炒麵、滷蛋是否涉賄?洪家原則說,造勢活動提供適度茶水、簡便餐飲,如依社會通念尚不足以影響選民投票意向,原則上不因免費提供即構成賄選;若升高為高級宴席、高價海鮮或酒飲,明顯超越一般合理範圍,則有疑義。

洪家原強調,為杜絕妨害選舉的行為,除持續嚴查傳統賄選外,包含可能轉往境外網路平台並結合虛擬貨幣、區塊鏈交易的選舉賭盤,或被用來交換投票支持的電子禮券、遊戲點數等數位利益,以及假訊息、AI深偽、境外勢力介選及虛偽遷徙戶籍等,都是選舉查察的重要面向。

What to Watch

AI outlook — possibilities, not facts

  • 選舉期間將加強對數位利益和虛假資訊的監管

    Likely · Within weeks

Open Questions

  • 什麼樣的中秋禮品價值會被認定為過高?
  • 數位禮券或遊戲點數如何監管以防止賄選?
  • 境外網路平台的選舉賭盤是否已有具體案例?

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