Annotated Republic of China Case Law/Judicial Yuan Interpretation No. 5

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Judicial Yuan Interpretation No. 5

Date[edit]

16 August 1952

Issue[edit]

Would the personnel of political parties after enacting the Constitution be the public servants under the Criminal Code?

Holding[edit]

The personnel of political parties after enacting the Constitution cannot be considered the public servants under the Criminal Code.

Effect[edit]

This case law would overturn a case law on 1 December 1934 when Kuomingtang and the Nationalist Government were not yet separated.

References[edit]