民眾遇警察臨檢時,可能因為各種理由而不願意如實出示身分證或告知身份(例如:已被吊銷駕照後遭臨檢時,若表明身分將遭開無照駕駛罰單),而提供家人之姓名與身分證字號。但是這樣的行為已經觸犯刑法,不可不慎。
按,刑法第214條之「使公務員登載不實罪」規定:「明知為不實之事項,而使公務員登載於職務上所掌之公文書,足以生損害於公眾或他人者,處三年以下有期徒刑、拘役或一萬五千元以下罰金。」因此,遇有警察盤查臨檢,而謊報姓名或提供錯誤之身分證字號,已然該當前開「明知為不實之事項,而使公 務員登載於職務上所掌之公文書」之行為。雖本罪另須「足生損害於公眾或他 人」為要件,然最高法院曾表示:「只須就客觀上為一般觀察,公眾或他人事實 上有因此受損害之虞即足,有無實質受損害,並非所問。」由於提供警察錯誤 資訊,可能導致警察無法正確行使職權,而有使公眾受損之虞,而符合該要 件。
因此,民眾下次遇到臨檢,千萬不可再謊報姓名、身分資訊,否則吃上「使公 務員登載不實」之官司,實在得不償失。
-----------------------------------------------------------------------------------
When people encounter the police during a routine inspection, they may be unwilling to truthfully present their ID card or disclose their identity for various reasons (e.g., if their driver's license has been revoked and they are being inspected, revealing their identity could lead to a fine for driving without a license). However, such behavior is already a violation of the criminal law and should not be taken lightly.
According to Article 214 of the Criminal Code, "Offense of Making False Entries in Official Documents by Public Servants": "Anyone who, knowing that the information is false, causes a public servant to record it in an official document within the scope of their duties, which is likely to cause harm to the public or others, shall be punished with imprisonment for up to three years, detention, or a fine of up to 15,000 NTD." Therefore, when a person provides a false name or incorrect ID number during a police inspection, this constitutes the act of "knowingly making false entries in an official document by a public servant." Although this offense also requires "harm to the public or others" as an element, the Supreme Court has stated: "It is sufficient that there is a risk of harm to the public or others from an objective standpoint, without needing actual harm." Since providing false information to the police may prevent them from exercising their authority correctly, potentially putting the public at risk of harm, this meets the required element.
Therefore, the next time individuals encounter a routine inspection, they should not provide false names or identity information. Otherwise, they may face a lawsuit for "making false entries in official documents by a public servant," which is definitely not worth the risk.
March 15, 2025