萬國法律事務所

Taiwan's Constitutional Court issued Judicial Yuan Interpretation No. 791 in 2020, ruling that (1) Article 239 of the Criminal Code, which stipulates criminal sanctions for adultery, and (2) the Proviso of Article 239 of the Code of Criminal Procedure, which allows the victim spouse to withdraw a complaint against the adulterous spouse only while maintaining the complaint against the party with whom the spouse committed the adultery, are both unconstitutional.  As a result, the Legislative Yuan has deleted these provisions on 31 May 2021, approximately one year after the issuance of said Interpretation.