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Back私騎未拔鑰匙機車訪友歸還,檢方起訴竊盜,高分院認定為使用竊盜判無罪
私騎未拔鑰匙機車訪友歸還,檢方起訴竊盜,高分院認定為使用竊盜判無罪
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自由时报6 hours agoLaw2 min readChinaView translation

私騎未拔鑰匙機車訪友歸還,檢方起訴竊盜,高分院認定為使用竊盜判無罪

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黃男兩次私騎他人未拔鑰匙機車訪友後原處歸還,檢方認定其耗損汽油構成竊盜罪起訴,台南高等法院分院審理後認為僅屬使用竊盜範圍,無不法所有意圖,維持一審無罪判決確定。

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Why It Matters

黃男在雲林縣兩次發現機車鑰匙未拔,私自騎走訪友後將車輛原處歸還,檢方以耗損汽油為由依竊盜罪起訴。

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黃男私騎未拔鑰匙機車訪友後原處歸還,檢方依耗損汽油起訴竊盜;台南高分院認為這是「使用竊盜」的範圍,判無罪確定。(記者王捷攝)

偷騎別人的機車再悄悄歸還,到底算不算偷汽油?黃姓男子兩度擅自騎走他人未拔鑰匙的機車,事後原車奉還,遭檢方認定偷耗汽油依竊盜罪起訴,高等法院台南分院審理後認為是在「使用竊盜」的範圍,不受刑法處罰,駁回檢方上訴,維持無罪。

黃男在去年7月下旬,先後在雲林縣兩處路旁,發現林姓與凌姓車主的機車鑰匙未拔,隨即私自騎走訪友。黃男兩次用車時間分別約1小時及1個半小時,事後均主動將車輛騎回原處停放。檢方認為,車輛行駛必然耗損汽油,黃男無端騎走他人車輛,且未補足油料,顯有據為己有的不法意圖,因此依竊盜罪嫌將他起訴。

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一審判決無罪後,檢察官上訴強調,黃男短時間內連續騎走兩輛機車,明知騎車會耗費汽油卻不補償,主觀上有竊取汽油的故意。黃男則辯稱,自己只是暫時借車去找朋友,明知車子是別人的,所以早在警察上門調查前,就自己把機車歸還給原車主,根本沒有要將車輛或汽油占為己有的意思。

台南高分院審理後指出,刑法竊盜罪以具備「不法所有意圖」為要件,若僅是供自己一時使用後隨即返還,在學理上屬於「使用竊盜」,並非刑法處罰對象,黃男騎車僅約1個多小時便放回原位,就有歸還的意思;而行車耗用汽油僅是用車的必然結果,不能倒果為因認定他是為了偷油而騎車。全案是民事糾葛,不能以刑責論處,因此維持無罪。

Open Questions

  • 是否應修訂刑法關於使用竊盜的處罰規範?
  • 此類案件是否會增加民事糾紛而非刑事追訴?

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