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Back律師黃帝穎駁斥國民黨立委王鴻薇指控卓榮泰違反選罷法
律師黃帝穎駁斥國民黨立委王鴻薇指控卓榮泰違反選罷法
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自由时报1 hour agoPolitics2 min readChinaView translation

律師黃帝穎駁斥國民黨立委王鴻薇指控卓榮泰違反選罷法

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民進黨台北市長參選人沈伯洋競選總幹事吳思瑤貼出行政院長卓榮泰在總質詢前展示「洋流船員證」手機待機畫面的照片,國民黨立委王鴻薇指控其涉嫌違反選罷法。律師黃帝穎發文指出,王鴻薇誤解法條要件,認為卓榮泰的個人行為不構成機關宣傳活動,並質疑其指控可能涉及誣告風險。行政院發言人李慧芝亦澄清,卓榮泰僅在議會休息時間與立委分享私人手機畫面,與公務無關。

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Why It Matters

民進黨台北市長參選人沈伯洋競選總幹事吳思瑤在社群平台貼出行政院長卓榮泰在立法院總質詢前展示手機待機畫面為『洋流船員證』的照片,引發國民黨立委王鴻薇指控其涉嫌違反選罷法第50條規定。

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民進黨台北市長參選人沈伯洋競選總幹事吳思瑤昨貼出一張行政院長卓榮泰在總質詢前秀出「洋流船員證」的照片,國民黨立委王鴻薇批評卓榮泰利用議場公開展示特定候選人文宣圖樣,涉嫌違法。律師黃帝穎對此發文說明法律規定的要件,批評王鴻薇瞎指卓榮泰涉嫌違法,搞錯選罷法要件簡直法盲。

針對此爭議,行政院發言人李慧芝表示,卓揆在立法院議場休息時間,與個別立法委員分享私人手機的待機畫面設定,與公務事項無涉,也無違反選罷法相關規定。法界人士也說,現在是「開議期間」,不是「競選或罷免活動期間」。

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黃帝穎在臉書發文指出,國民黨立委王鴻薇指控,卓榮泰公然在議場展示特定候選人文宣圖樣,而吳思瑤將其發布在公開場合作為宣傳,已涉嫌違法。

王鴻薇指控,根據《公職人員選舉罷免法》第50條規定,中央及地方政府各級機關於公職人員選舉競選或罷免活動期間,不得從事任何與競選或罷免宣傳有關之活動。《公職人員選舉罷免法》第104-1條規定,中央及地方政府各級機關首長或其代理人、受其指示之人違反第五十條規定者,處三年以下有期徒刑。

黃帝穎直言,《公職人員選舉罷免法》第50條規定,法律要件很清楚,行為主體是「各級機關」,而不是特定個人。尤其,兩個人之間討論手機桌面或是待機畫面的設定,不是法條中規範各級機關的「宣傳活動」。

黃帝穎質疑,王鴻薇搞錯選罷法的明文規定,若刻意為「搶救蔣萬安大兵」提告卓榮泰,不只浪費司法資源,更要評估「誣告罪」風險。

What to Watch

AI outlook — possibilities, not facts

  • 司法機關將不對卓榮泰提出起訴,因其行為不符選罷法處罰要件

    Very likely · Within weeks

  • 王鴻薇若持續推動告訴,可能面臨誣告罪風險評估

    Possible · Within months

Open Questions

  • 王鴻薇是否會依法提出告訴?
  • 司法機關是否會介入調查此事?
  • 此事件是否會影響台北市長選舉民調?

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This article was originally published by 自由时报.

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