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申論題資訊

試卷:110年 - 110 警察特種考試_三等_行政警察人員、外事警察人員(選試英語)、刑事警察人員、公共安全人員、犯罪防治人員預防組、交通警察人員交通組、交通警察人員電訊組、警察資訊管理人員、刑事鑑識人員、國境警察人員、警察法制人員、行政管理人員:警察專業英文#101785
科目:警察◆警察專業英文
年份:110年
排序:0

申論題內容

一、中譯英:(25 分)
 臺灣彰化地方法院 109 年度訴字第 687 號刑事判決,被告黃○○進 行陳情抗議活動,造成前往處理之某分局員警洪○○跌倒受傷,經檢 察官以傷害、妨害公務等罪嫌提起公訴。法院查驗證據發現,分局長 事前指示遭遇陳抗民眾推擠時,員警要直接順勢跌倒,並將陳抗人士 以現行犯逮捕;致使法院無法排除其係為了要逮捕被告而順勢倒地的 可能;故以罪疑惟輕之原則,判決被告無罪,並於判決書中附記事項。 請將該判決書附記事項以下部分譯為英文:
 「我國既為法治國家,執法者除了應廉潔自持外,執法手段更必須合 法正當,不得逾越應恪守之界線,此即本院一再強調的『執法之前, 先要守法』基本觀念。……正因出於對員警執法安全的重視和保護, 本院懇切呼籲警界長官們,切勿對基層員警做出不當的指示或要求, 也再次提醒每位堅守崗位、認真付出的員警們,你們應恪遵的對象, 唯有『國家的憲法與法令』!」

詳解 (共 2 筆)

詳解 提供者:博m

Criminal Judgment No. 687 of Changhua District Court in Taiwan, Defendant Huang ○○ conducted a petition protest, causing police officer Hong ○○ of a branch who was going to be dealt with to fall and be injured. . The court checked the evidence and found that the sub-director instructed beforehand that when Chen Kang was pushed by the people, the police should directly fall down and arrest Chen Kang as a current offender; so the court could not rule out the possibility that he fell to the ground in order to arrest the defendant; Therefore, based on the principle of guilt, the defendant is not guilty, and the matters are attached in the judgment. Please translate the following parts of the appendix to this judgment into English:

 "Since our country is a country governed by the rule of law, in addition to being honest and self-sufficient, law enforcement means must be lawful and legitimate, and must not cross the line that should be strictly abided by. Due to the importance and protection of the police’s law enforcement safety, this hospital earnestly appeals to the police officers not to make inappropriate instructions or requirements to the grass-roots police, and once again reminds every police officer who sticks to his post and works hard. The only object you should abide by is the "national constitution and laws"!"


詳解
Taiwan’s Changhua District Court 109 Annual Verdict No. 687 Criminal Judgment, the defendant Huang ○ ○ made petitions and protests, causing police Hong ○ ○ of a branch to be dealt with, fell and was injured. The prosecutor filed a public prosecution for injuring and obstructing public affairs. . The court\'s investigation found that when the sub-director instructed Chen Kang to be pushed by the public, the policemen would directly fall down and arrest the Chen Kang as current criminals; the court could not rule out the possibility that he fell to the ground in order to arrest the defendant; Therefore, the defendant was judged not guilty based on the principle of suspicion of guilt and less guilty, and the matters should be noted in the judgment. Please translate the following parts of the appendix to the judgment into English: \"As my country is a country under the rule of law, in addition to being honest and self-sustaining, law enforcement methods must also be legal and proper. Before, we must first abide by the basic concept of the law.... Because of the importance and protection of police law enforcement safety, this court sincerely appeals to the police chiefs not to give improper instructions or requests to the grassroots police, and again Remind every policeman who sticks to his post and makes a serious effort, the only object you should abide by is the \"national constitution and laws\"!\"