Whimsical deserter! A man who bought an "AIDS certificate" and was sentenced can still enlist in the military｜Lawyer Li Yusheng explains the legal provisions related to the crime of obstructing military service

Whimsical deserter! Man buys "AIDS certificate" but still has to enlist in the army despite being sentenced｜China Television News Reporter Zheng Huiliang Lin Zhichun

News link:https://news.cts.com.tw/cts/life/202303/202303092151920.html

Is being a soldier really so scary? In order to desert from the military, a man named Cai in New Taipei City purchased a "fake" AIDS and blood test report for 30,000 yuan online in 2019. After successfully applying for the certificate, he obtained an "exemption position" and successfully avoided military service. Fortunately, the Ministry of Health and Welfare reviewed the information and found it strange. As an AIDS patient, there was no record of medical treatment or medication. The incident came to light after rescheduling blood draws. Not only was he commuted to active reserve duty, but he was also sentenced to 2 months in prison.

As long as men were born in Taiwan, they must enlist in the army and serve in the military. However, I did not expect that some people would pretend to have AIDS in order to desert the army. A command and an action, these are the daily routine of a soldier as a soldier. However, because a man surnamed Cai did not want to be a soldier, he spent 30,000 yuan on the Internet and handed over his ID card and health insurance card to another man with AIDS. The patient pretended to be a man surnamed Cai and went to the hospital for a blood test. After obtaining a false medical record, the man surnamed Cai successfully applied for a "National Medical Service Card." Be a soldier. Chen Yichen, a retired man who was not involved, said: "(Big hospitals) will have doctors, so you have to convince them that you really have some physical illness or hidden danger. In fact, I don't think it is so easy to fool them. "

Explanation of legal issues related to the crime of obstructing military service and causing public servants to publish false accusations

People who have served in the military cannot believe it, but after checking the past, there have been similar cases. They regard this as the Deserter Guarantee Law. Conscripted men must carry their ID cards and draft inspection notices to the designated hospital for registration procedures. Although he was cautious, the man surnamed Cai changed his position improperly and was sentenced to 2 months in prison. Fan Jiangkunhuo, deputy director of the Civil Affairs Bureau of the New Taipei City Government, said: "After a physical examination meeting, it was re-adjusted to a standing military position and he needs to re-enlist in the army."Li Yusheng, a lawyer who is not a party to the case, said: "The intention to avoid conscription may constitute the crime of obstructing military service and causing civil servants to publish false information. The most important combined punishment is a prison sentence of not more than five years."An investigation by the Ministry of Health and Welfare also found that if the man surnamed Cai had AIDS, he had no records of medication and medical treatment. He thought it was strange and arranged for a blood test, only to find out that he was AIDS negative. In order to desert the soldiers, they tried all kinds of tricks and hid for a while, but they could not hide for a lifetime. Now they have to return to the military camp and serve the country obediently.

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