有關UK的藐視國會罪

UK 英國[編輯]

Contempt of Parliament consists of interference with parliamentary privilege[28] and of certain acts that obstruct the house and its members in their business.[29] The same rules as apply to the House of Commons apply to the House of Lordsmutatis mutandis (i.e. with the necessary modifications). It is further contempt to bribe or attempt to bribe any member (and for any member to accept or solicit a bribe), to disrupt the sittings of the House or a committee—wherever it is sitting, to refuse to appear before a committee to testify, to refuse to answer any question put by a committee, to lie to a committee or to refuse to swear an oath (or make a solemn affirmation) when testifying, or to otherwise obstruct the business of the House.  藐視國會包括干涉議會特權^[28]以及阻礙眾議院及其成員進行工作的某些行為。^[29] 適用於下議院的相同規則經必要修改後也適用於上議院（即進行必要的修改）。賄賂或試圖賄賂任何議員（以及任何議員接受或索取賄賂）、擾亂眾議院或委員會的會議（無論在哪裡舉行）、拒絕出席委員會作證或拒絕在作證時宣誓（或作出莊嚴的宣誓），或以其他方式妨礙眾議院的事務，均構成藐視。

https://en.wikipedia.org/wiki/Contempt_of_parliament

 

蔑視議會(Contempt of parliament)    Institute for Government 2018.12.04

What is contempt of parliament?  什麼是藐視議會？

Contempt is something that interferes with parliament or obstructs it, or a member of either House, from performing their duties. It is loosely defined, and parliament decides whether something is or is not contempt. It has in the past included criminal acts, misleading the House, financial misconduct, leaking parliamentary proceedings. It can also include obstruction, such as not obeying a direct command by the House.  藐視議會是指干擾或阻礙議會或兩院議員履行職責的行為。它的定義很寬鬆，由議會決定某件事是否構成藐視議會。過去，它包括犯罪行為、誤導眾議院、財務不當行為、洩漏議會程序。它還可能包括阻礙，例如不服從眾議院的直接命令。

Can the government be found in contempt?  政府會被視為蔑視嗎？

Yes. Both non-members and members of the House can be found in contempt. This can include individual ministers or a number of ministers as representatives of the government.  是的。非議員和眾議院議員都可能適用到蔑視。這可以包括個別部長或作為政府代表的多名部長。

There have been a number of cases of ministers resigning after being accused of misleading the House but before any contempt proceedings were laid against them. Then, on 4 December 2018, the government was found to be in contempt of parliament. This was after the Commons voted in favour of a motion which held the government in contempt for having not published full legal advice about the UK–EU Withdrawal Agreement.  已經有許多部長在被指控誤導眾議院後但在對他們提起藐視議會訴訟之前辭職的案例。隨後，2018 年 12 月 4 日，政府被發現藐視議會。此前，下議院投票支持了一項動議，該動議認為政府沒有發布有關英國-歐盟脫歐協議的完整法律建議，因此被視為蔑視議會。

 

Who decides if a contempt has been committed?  誰來決定是否構成藐視議會罪？

Usual practice is for a member to raise the issue with the Speaker. They might ask that it be referred to the Committee of Privileges or the Committee on Standards, or table a motion. If it is referred to a committee, it then decides if a contempt has been committed and reports to the House. This is then debated and the House decides whether to follow the recommendations. If it is a motion, then the House can decide itself.  通常的做法是由議員向議長提出議題。他們可能要求將其提交給特權委員會或基準委員會，或提出動議。如果將其提交給委員會，該委員會將決定是否構成藐視議會並向眾議院報告。然後對此進行辯論，眾議院決定是否遵循這些建議。如果成案，那麼眾議院可以自行決定。

Can the government be forced into a course of action this way?  政府可以被迫採取這種行動嗎？

Parliament can order the government to a course of action. However, its powers to force action are limited to threatening ministers with even greater punishment.  議會得責令政府採取某種行動。然而，它強迫採取行動的權力僅限於以更嚴厲的懲罰威脅部長們。

What kind of punishment can be dished out?  可以判處什麼樣的處罰？

Parliament’s powers to punish contempt are quite weak. The 4 December 2018 motion did not require any further punishment.  議會懲罰藐視議會的權力相當弱。 2018 年 12 月 4 日的議案無任何進一步的處罰。

Parliament used to be able to imprison or fine perpetrators, as a court of law, but these powers have lapsed. The last time parliament fined someone was in 1666, and the last time it imprisoned anyone was in 1880 (in the Clock Tower). There have been many calls to put the ability to fine on a statutory basis. Most punishments on non-members involves bringing them before the House to be reprimanded.  議會過去可以像法院一樣監禁或罰款肇事者，但這些權力已經失效。議會上一次對某人罰款是在 1666 年，上一次監禁某人是在 1880 年（在鐘樓）。許多人呼籲將罰款的能力納入法定範圍。對非議員的大多數懲罰包括將他們提交下議院接受譴責。