论文部分内容阅读
无论在刑事法律还是司法实践中,违令罪都是澳门出现较为频繁的罪名。在法律渊源上,违令罪除出现在澳门“刑法典”(以下简称“刑法典”)第312条之外,还散见于各单行刑法及附属刑法条文中。在司法实践中,由于涉及对“令”的不同理解,违令罪的认定存在一定争议。由于“令”主要涉及行政当局等有权限主体的公务行为,以致违令罪所涵盖的犯罪圈较大,貌似与刑法的正当性及谦抑性要求存在一定的紧张关系。一、“刑法典”第312条规定的违令罪
Both in criminal law and judicial practice, the offense of committing a crime is more frequent in Macau. On the legal origins, the offense of committing crimes appears in addition to Article 312 of the “Criminal Code” (hereinafter referred to as the “Criminal Code”) in Macao, and is also found in the separate criminal laws and the subsidiary criminal provisions. In judicial practice, due to the different understanding of the “order”, there is some controversy about the cognizance of the offense of committing a crime. Since “Order ” mainly involves the civil servants with the authority such as the administrative authorities, the criminal circle covered by the offense of guilty is larger, which seems to have some tensions with the legitimacy and modesty of the criminal law. First, “Penal Code ” Article 312 provides for the crime of committing an offense