A citizen lost a bag on an elevated highway to three passengers: If they were conscious, would they not be guilty of abandonment?

News Summary

According to a report by FTV News, three passengers took a taxi from Xinyi District, Taipei City, back to Wanhua District. They claimed that the driver asked them to get off on the Civic Elevated Road, citing the complicated address and their inability to use navigation. They were later picked up by another taxi, and fortunately, no accident occurred. After the passengers reported the incident, there was a dispute regarding whether abandonment or other crimes might have been involved. The specific details of how they got off, the danger at the scene, and the driver's subjective understanding still need to be investigated by the police. It is not possible to exclude all responsibility simply because the passengers were conscious or ultimately safe.

Lawyer's Explanation

Taxi drivers have a contractual obligation to protect passengers. Being unfamiliar with the address or having a dispute with a passenger does not mean they can arbitrarily choose a dangerous location to end the trip. Article 294 of the Criminal Code, concerning abandonment, requires determining whether the passenger was incapable of self-defense at the time, whether the driver had a duty of protection, and whether the driver knowingly abandoned the passenger or failed to provide necessary protection. Being conscious does not equate to being able to avoid danger in any environment, nor can being on an elevated road automatically assume incapacity; traffic flow, road shoulders, possible escape routes, and the passenger's actual condition must still be considered.

judgeCriminal liability for losing a package on an elevated roadComplete video footage, time, location, conversations, and police reports should be preserved before and after the victim gets out of the vehicle. To further evaluate attempted murder, it must be proven that the perpetrator foresaw the death but still tolerated it, and that the act reached the stage of criminal initiation; dangerous behavior cannot be directly equated with intent to kill. The absence of injury or death does not mean that any crime is impossible; each crime must be examined individually. Traffic violations and contractual liability for transportation should also be handled separately.

---

Fuda Law Firm
Address: 17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei Taiwan 106
Tel:02-7709-3611
Line：@fdlaw
Facebook:FDLAW
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw