It is generally accepted by the legal profession that the aim of the Criminal Code is to protect people’s legal interests. In the matter of legal protection, it is a self-evident truth that the holder of legal interests should have the right to dispose of any interests that are legally protected. On that account, it sparks widespread suspicion on the extent to which the holder of legal interests can dispose of her or his interests. That is, under what circumstances does the holder of legal interests have full right to dispose of such legal interests, and under what circumstances will the holder of legal interests be charged with a criminal offense because she or he is prohibited to dispose of a legal right.
A majority of legal scholars have classified the legal interests of a person into “the right to life,” “the right to possess one’s own body,” “the right to freedom,” “the right to reputation,” and “the right to own one’s property.” Specifically speaking, anyone who infringes on another person’s bodily rights may be charged with an assault or aggravated assault that causes serious bodily injury which might lead to a physical disability. Seen from the nature and principles behind a person’s right to dispose of her or his legal interests, legal scholars tend to believe that if the holder of legal interests commits an assault can be acquitted by asserting an affirmative defense. On the other hand, since penalties are prescribed by criminal laws (Article 282 of the Criminal Code), the holder of legal interests has no right to dispose of her or his own body if there is any substantial bodily harm involved. There has been scant literature and discussions by legal professionals about whether there are other substantial grounds to believe that the holder of legal interests is not allowed to dispose of her or his own body if there is aggravated assault involved—even the victim has agreed to this bodily harm—aside from the punishment prescribed for the offense by criminal laws.
This paper is intended to elaborate on the nature of legal interests and their categorization, thereby exploring the extent of disposal of legal interests and redefining the normative nature of Article 282 of the Criminal Code
