The Constitutional Court on Thursday struck down the “special exception" in the Criminal Law for relatives, which exempts property crimes committed by family members from punishment, citing that it infringes upon victims' rights to seek justice.
National institutions such as the courts and prosecution can no longer apply Clause 1 under Article 328 of the Criminal Act starting Thursday.
Clause 1 states that property crimes committed against immediate family members, including parents, children, or spouses, as well as live-in relatives, such as theft or embezzlement, are not subject to criminal punishment.
The provision has remained unchanged since the Criminal Act was first enacted in 1953, with the intention of minimizing state intervention in family affairs, considering the traditional value that families hold.
However, the court stated that the provision is unjust as it uniformly exempts relatives from punishment without considering their actual relationships, the victim’s wish for justice, or the severity of the harm caused.
The court concluded that this practice is excessively unreasonable and unfair, overstepping legislative discretion and infringing on the rights of criminal victims to participate in legal proceedings and provide testimony.
Moreover, the court highlighted the need to adjust to changes in family structures and economic relationships, noting the shift from large, agrarian family units to nuclear families and single-person households, along with the evolution of economic activities.
If the National Assembly does not amend the law by Dec. 31, 2025, the clause will become invalid.
