Annotated Republic of China Case Law/Judicial Yuan Interpretation No. 5
| ←Judicial Yuan Interpretation No. 4 | Judicial Yuan Interpretation No. 5 | Judicial Yuan Interpretation No. 6→ |
Date
[edit | edit source]16 August 1952
Issue
[edit | edit source]Would the personnel of political parties after enacting the Constitution be the public servants under the Criminal Code?
Holding
[edit | edit source]The personnel of political parties after enacting the Constitution cannot be considered the public servants under the Criminal Code.
Effect
[edit | edit source]This case law would overturn a case law on 1 December 1934 when Kuomingtang and the Nationalist Government were not yet separated.