Taiwan News

TAIWAN: CABINET DRAFT TO PROHIBIT DEATH PENALTY TO MINORS

The Cabinet yesterday passed a draft that would prohibit courts from handing down the death penalty or life sentences to offenders under the age of 18. This represents one of the most significant changes to Taiwan's Criminal Code since its implementation nearly 60 years ago.

 Vice Minister of Justice Hsieh Wen-ting said that the review of the death penalty and other amendments to the code is a step toward the complete abolition of capital punishment in Taiwan.

 The current law, based on the principle of filial piety, allows for minors to receive the death penalty or a life sentence if convicted of killing an immediate family member. Courts, however, are not allowed to hand down such punishments if the minors are convicted of felonies such as murder of a non-family member or kidnapping.

 "The seriousness of such crimes is in fact no less than the killing of immediate family members ... Therefore, the law appears to be unbalanced," Hsieh said.

 "Also, it has become a consensus among the nations of the world that the death penalty and life sentences should not be handed down to minors. Therefore, the ministry decided to repeal that aspect of the law." According to the Cabinet, more than 140 countries have signed the International Covenant on Civil and Political Rights, agreeing that convicted criminals under the age of 18 should not receive the death penalty. In addition, 190 countries have signed the Convention on the Rights of the Child, agreeing that the death penalty or life sentences should not be imposed on minors.

 The new law also aims at increasing maximum prison sentences generally. If the bill is approved by the legislature, maximum prison sentences would be increased from the current 15 and 20 years to 20 and 30 years respectively. The maximum prison sentence for repeat offenders would be increased from the current 20 years to 40 years.

 As a supplementary measure to the increase of prison sentences, the minimum jail term for those who are serving life sentences but are eligible for parole would be increased from the current 15 years to 30 years, or to 40 years for repeat offenders.

 "It has been 60 years since the Criminal Code took effect. During that period of time, the structure of Taiwan's society has greatly changed, as have criminal methods," Hsieh told a news conference yesterday morning.

 "The amendments, which consider both safety and human rights, are necessary since the old regulations are outdated and do not meet the needs of the nation." The new law would also revise the regulation that presently forces judges to impose a lighter punishment on criminals who voluntarily surrender to authorities. In the future, if the bill is approved, judges "may" take such actions into consideration - depending on the circumstances. It means that suspects who give themselves up to the law will not necessarily receive a lighter sentence.

 The draft bill, in addition, further defines the act of rape, saying that the crime would include the use of sex organs, other parts of the body or any object to enter or connect with another person's sex organs, anus, or mouth.

 The new law would also revise the regulation that currently pardons suspects who are deemed insane, and that allows a lighter punishment for suspects who are found to be mentally incompetent.

 The new draft only allows immunity or a lighter sentence if offenders are determined unable to discern their own behavior at the time they committed the crime.