日常生活發生糾紛在所難免,但是如果以推擠、設障或其他方法,阻礙他人行動,則可能構成犯罪。
按,刑法第304條第1項規定:「以強暴、脅迫『使人行無義務之事』或『妨害人行使權利」者,處三年以下有期徒刑、拘役或九千元以下罰金。」由於進出 家門或工作場所係個人依法享有之權利,如強行阻止他人進出,將可構成「妨 礙人行使權利」!
至於所謂的「強暴」或「脅迫」,依據現行判決實務見解,並不以「直接」施諸於他人為必要(台灣高等法院高雄分院101年度上易字第792 號刑事判決參道), 縱使「間接」施之於物體而影響於他人者,亦屬之。因此,行為人以推擠或其他方式阻擋他人進出或行使權利,應已構成強制罪。此外,依據刑法第304 條 第2項規定,本罪亦處罰「未遂犯」。換句話說,倘若行為人以推擠或其他強暴或脅迫行為,妨礙他人進出或行使權利時,縱使該他人已排除障礙,行為人之推擠或其他強暴、脅迫行為,仍可構成刑法第304條強制罪之未遂犯,民眾不可不慎!
Disputes are common in daily life, but if you push, block, or use other methods to stop someone from moving freely, you may be committing a crime.
According to Article 304, Paragraph 1 of the Criminal Code: "Anyone who uses violence or threats to force another person to do something they are not obligated to do, or to prevent them from exercising their right, may be sentenced to imprisonment for up to three years, detention, or a fine up to 9,000 NTD.” Entering and exiting one's home or workplace is a legally protected right, forcibly preventing someone from doing so may constitute obstruction of rights.
As for the definition of "violence" or "threats," court ruling have established that they do not necessarily have to be applied directly to a person. According to the Criminal Judgment No. 792 of the 101st Year of the Republic of China (Appeals Court) by the Kaohsiung Branch of the Taiwan High Court, even indirect actions affecting objects that in turn impact a person, can still be considered as such. In other words, if a person obstructs another’s entry, exit or exercise of rights through pushing or other violent or coercive actions, even if the obstruction is removed by the other party, the act of pushing or other violent/coercive behavior may still constitute an attempted crime under Article 304 of the Criminal Code for coercion. The public must exercise caution!
March 29, 2025