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Back殺害岳母是否構成加重刑責?桃園女婿縱火未遂案維持原判
殺害岳母是否構成加重刑責?桃園女婿縱火未遂案維持原判
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自由时报51 minutes agoCrime3 min readChina

殺害岳母是否構成加重刑責?桃園女婿縱火未遂案維持原判

Quick Look

桃園市蘆竹區61歲鄭姓男子因與岳母相處不睦,施暴掌摑20多下後釘死房門縱火企圖殺害岳母,被判殺人未遂罪8年有期徒刑,上訴遭駁回。刑法對殺害直系血親尊親屬有加重刑規定,但未將岳父岳母、公公婆婆納入保護範圍。

AI-generated summary

Why It Matters

刑法第272條規定殺害直系血親尊親屬者應加重其刑至二分之一,立法意旨在於保護特殊親屬信賴關係與人倫秩序。直系血親尊親屬包括父母、祖父母等,但未將岳父岳母、公公婆婆納入保護範圍。

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◎ 法操司想傳媒

刑法當中有許多規範傳統倫理的色彩,例如殺害直系血親尊親屬會加重其刑,這是一般人最常聽到的,不過如果是殺害岳父岳母、公公婆婆,這樣也會加重嗎?

根據刑法規定,殺害直系血親尊親屬會加重其刑,但殺害岳父岳母、公公婆婆並沒有規範。(取自貼文)近期有則新聞報導指出,桃園市蘆竹區一名61歲鄭姓男子,因長期與高齡岳母相處不睦,竟對岳母施以暴力,先連續掌摑岳母20多下,之後更持鐵鎚、釘子將岳母臥室房門從外釘死,再朝房內縱火,企圖將岳母活活燒死。所幸鄭妻及時察覺異狀並要求丈夫立即滅火,才避免造成更嚴重的後果。

桃園地方法院審理後認為,鄭男不僅以暴力攻擊岳母,更將房門釘死並縱火,其行為已明確顯露殺人故意,且犯罪手段惡劣,因此依殺人未遂罪判處有期徒刑8年;另就傷害等罪判處有期徒刑8月,並得易科罰金。鄭男不服判決提起上訴,案件經臺灣高等法院審理後,認為原審認事用法並無違誤,於今日駁回上訴,維持原判,鄭男仍須執行殺人未遂罪8年徒刑,另負擔傷害等罪8月徒刑。

何謂直系血親尊親屬?

依民法第967條規定,「直系血親」係指「己身所從出或從己身所出之血親」,也就是生下自己的人,以及自己所生的人。依親屬輩分,又可分為直系血親尊親屬與卑親屬,其中尊親屬包括父母、祖父母、曾祖父母等。刑法對於殺害直系血親尊親屬之行為,設有較普通殺人罪更為嚴格的處罰。

依刑法第271條第1項,殺人者處死刑、無期徒刑或10年以上有期徒刑;而第272條進一步規定,殺害直系血親尊親屬者,應加重其刑至二分之一。其立法意旨在於,此類行為不僅侵害他人生命法益,更具有違反人倫秩序及親屬間特殊信賴關係的情節,因此應受到較重的刑事非難。

至於「未經認領之生父」是否屬於刑法第272條所稱的直系血親尊親屬,學說則有不同看法。一種見解認為,生父在尚未認領前,與子女間尚未成立民法上的親子關係,因此不能認定為刑法上的直系血親尊親屬;另一種見解則認為,刑法第272條所保護的法益與民法親屬制度並不完全相同,只要行為人明確認知被害人確為自己的生父,即具有適用本條加重規定的基礎。

殺害養父母也會加重其刑

養子女與養父母雖然不存在自然血親關係,但因收養制度而形成法律上擬制的親子關係。在收養關係存續期間,養子女殺害養父母,原則上仍成立殺害直系血親尊親屬罪;反之,養子女殺害其生父母,也不因收養而當然失去其與生父母間的血親關係。至於收養關係一旦依法終止,養親與養子女間的法律擬制關係即隨之消滅。此時若原養子女再殺害已終止收養關係的原養父母,即不再符合刑法第272條的身分要件,而應回歸刑法第271條普通殺人罪之規定。

根據刑法規定,殺害岳父岳母、公公婆婆並沒有規範在此條當中,法操認為,生命應同等重要,以倫理輩分加重殺人刑責是否有其必要,可能還需要我們再想想。

☆民眾如遇同居關係暴力情形,可撥打113保護專線,或向各地方政府家庭暴力防治中心求助。☆

本文經授權轉載自法操》【司想評論】恐怖女婿狂掌摑岳母、放火,殺害岳母會加重其刑嗎?

What to Watch

AI outlook — possibilities, not facts

  • 立法院將來可能會檢討刑法第272條,以考慮將姻親關係納入加重刑保護範圍

    Possible · Within months

Open Questions

  • 是否應修改刑法將岳父岳母、公公婆婆納入加重刑保護範圍?
  • 類似案件是否會因緊密家庭關係而被誤認構成直系血親尊親屬?

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