Will it constitute a crime of obstructing voting if the household is moved during an election?

Recently, I talked with foreign friends about voting for elections, and found that no matter which country it is, whenever there are elections and voting occasions, it seems that many people will migrate their hukou a few months ago. Vote, but, have you ever wondered whether such an act constitutes a civil matter?

Is it really possible to relocate before the election?

I think many people are like me and have such questions, so I also ran to ask a friend of mine who is a lawyer in Taipei about this issue of relocation, and he shared a similar case to I.

Case:

A is a candidate for the election of the mayor of a certain township. In order to support candidate A in the election, his wife B, sons C, and D intend to make A the mayor of the township. , C, and D moved their household registrations into House A one year before the election polling day.

In this case, the prosecutor prosecuted A, B, C, and D for the crime of obstructing correct voting under Article 146 of the Criminal Law, and the district court convicted Qu and others. He was re-examined and acquitted after being re-examined by the High Court.

Criminal liability for intent to elect a particular candidate?

In addition, a friend of mine who owns a law firm also told me that he actually said that according to Article 146 of the Criminal Law: "Use fraud or other illegal methods to cause incorrect results or alterations in voting. Those who voted shall be sentenced to fixed-term imprisonment of not more than five years . The same shall apply to those who vote with false immigration household registration to obtain the right to vote with the intent to elect a specific candidate.

The crime of obstructing correct voting in Article 146 of the Criminal Law aims to prevent incorrect results of voting by illegal methods such as fraud or false household registration. Therefore, when Item 2 was added on January 24, 1996, its legislative reasons have been explained: There are millions of people who have moved to the place where they did not actually live in the place of residence due to employment, schooling, military service, or for the benefit of their children's school district, agricultural insurance, urban area welfare payments, guaranteed seats or other factors.

"However, this is different from the case of moving household registration with the intention of supporting the election of a specific candidate. Not all registered persons who do not participate in voting shall be punished by punishment. Therefore, in item 2, those who intend to make a specific candidate elected as a false household registration vote , as the object of punishment".

That is to say, those who are "absent" due to factors such as study and employment, and those who "falsely migrate household registration" with the intention of making a specific candidate elected cannot be regarded at the same time.

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