The Council of Grand Justices yesterday said that the victim in an adultery case is allowed to sue the third party directly instead of having to go through the prosecutors' office.
"This interpretation to the Constitution simplifies the legal process for a victim to sue the third party in an adultery case," said Fan Kuang-chun (
According to Interpretation No. 569 of the Constitution, which was made by the grand justices yesterday, adultery cases will not require prosecutors' investigation and prosecution before going to a district court.
At present, in adultery cases, a married person has to file a suit with his or her local prosecutors' office.
The victim's spouse and the third party are listed as co-defendants, and prosecutors then begin their investigation.
However, a complainant is not allowed to sue their spouse because Article 321 of the Code of Criminal Procedure (
Yesterday's interpretation stems from an adultery case last year. Lee Yueh-yun (李月雲) filed an adultery suit in Panchiao District Court against Lee Cheng-chi (李承治), whom she accused of having an affair with her husband, Huang Kuo-yi (黃國益).
The Panchiao District Court -- and later the Taiwan High Court -- decided to drop the case against Huang because of Article 321 of the Code of Criminal Procedure.
According to the verdict later handed down by Taiwan High Court Judge Hsu Kuo-hung (
Lee Yueh-yun decided to file an application for a constitutional interpretation because she believed that Article 321 contradicts articles 16 and 23 of the Constitution.
Article 16 states, "The people shall have the right of presenting petitions, lodging complaints or instituting legal proceedings."
Article 23 states, "All the freedoms and rights enumerated in the preceding articles shall not be restricted by law except by such as may be necessary to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare."
"The grand justices said that the spirit of Article 321 is to maintain the harmony between a married couple. It is not against the Constitution and shall remain law," Fan said.
"To protect victims of adultery cases, however, the grand justices decided to simplify the legal process," Fan said.
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