2012 Xing Zhi Shang Yi Zi No. 23
|Decision No.||2012 Xing Zhi Shang Yi Zi No. 23|
|Date||April 26, 2012|
It has been said that [criminal] courts do not have jurisdiction over administrative penalty cases. (See Supreme Court decision No. 1955-Tai-Fei-91 (decision highlight).) Refer to Article 47 of the Tobacco and Alcohol Administration Act, amended and issued on January 7, 2004, and enacted on July 1 of the year, where the front part provides, “A person, who sells, transports, assigns, or shelve with an intent to sell, private cigarettes or alcohols, is liable for an administrative penalty of 50,000 to 500,000 dollars.” The above provision is a regulation of administrative penalty and has no effect of criminal penalties. As a result, the defendant cannot be held liable for a crime of selling private alcohols in any way. Based on the above explanation, this Court does not have jurisdiction over the charge of the defendant’s selling private alcohols. According to Article 303, Paragraph 6 of the Code of Criminal Procedure, this Court should hold that the complaint related to that charge is dismissed.
|Relevant statutes||Article 47 of the Tobacco and Alcohol Administration Act (front part), Article 303, Paragraph 6 of the Code of Criminal Procedure|
- Release Date:2020-11-13