媒體常有因缺錢而將歪腦筋動到家人身上之報導,如果家人不欲追究,是否仍屬非法呢?
依照《刑法》第320條規定:「意圖為自己或第三人不法之所有,而竊取他人 之動產者,為竊盜罪,處五年以下有期徒刑、拘役或五十萬元以下罰金。」因此,偷竊財物,本即違法。只因《刑法》第324條第1項規定:「直系血親、配偶或同財共居親屬之間,得「免除」其刑」。簡言之,親屬間之偷竊行為仍非適 法,謹得由法官視個案決定是否免刑。
另者,由於同條第2項規定:「前項親屬或其他五親等內血親或三親等內姻親之。 間,犯本章之罪者,須「告訴乃論」」是以,「偷竊家人財物」僅在被害親屬提出告訴時,檢方或法院始予受理。
提醒大眾,千萬不要以為是家人的財物就就可以自行取用而不會被罰!
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There are often news reports about people stealing from their own family members due to financial difficulties. But if the family chooses not to press charges, is it still considered illegal?
According to Article 320 of the Criminal Code: "Anyone who takes another person's property with the intent of unlawfully possessing it for themselves or a third party commits theft and may be sentenced to up to five years in prison, detention, or a fine up to 500,000 NTD." This means that stealing is illegal, regardless of the circumstances. However, Article 324, Paragraph 1 states: "If the theft occurs between direct relatives, spouses, or cohabiting family members, the court may exempt the offender from punishment." In short, stealing from family is still illegal, but a judge has the discretion to decide whether to waive the punishment based on the specific case.
Furthermore, Article 324, Paragraph 2 of the Criminal Code states: "For crimes committed between the relatives mentioned in the previous paragraph, as well as other blood relatives within five degrees or in-laws within three degrees, prosecution requires a formal complaint from the victim." This means that stealing from family members is only prosecuted if the affected relative files a complaint.
April 13, 2025