Criminal Code substantially amended; Max prison term 30 years
E020708Y6 Aug. 2002（E36）
The current Criminal Code is undergoing the biggest amendment in history since its implementation more than 60 years ago. Maximum prison term will be raised from the current 20 years to 30 years; parole requirement for those serving life is raised from 15 years to 30, and, for recidivists, 20 years to 40 years. Further, it is also added that "special recidivists" and three-time offenders shall be given doubled principal penalty, and punitive fines can be imposed together with death penalty. Regarding the current article providing for reduced sentence for offenders who turn themselves in, the wording is rendered "selective" (ie, the punishment "may", rather than "shall", be reduced), allowing more room for judge to exercise his discretion and preventing such article from contributing to the growth of crime.
In view of the increasingly rampant selling and forcing Chinese mainland females to engage in sex trade nowadays, the maximum punishment on habitual offenders' selling/buying or forcing people to prostitution provided in the draft amendment are life sentence or prison term of not less than 12 years, combined with a fine of not more than NT$1mn. Public servants committing misprision may be imposed a sentencing enhanced by half. The written punishment on habitual thieves is also raised from 1-7 year to 3-10 year in prison.
According to a high-ranked government official, the matrix of the amendment to the Criminal Code is the approach of "severity and leniency". The increases of max. non-life sentence, probation requirement and punishment on repeat offenders are examples in regard to the severe part. To be in line with the Convention of the Rights of Children, which expressly stipulates underage (under 18-year-old) shall not be sentenced to death penalty or life imprisonment, the current articles contravening to the above Convention by the exception that underage adolescents may be sentenced to death penalty or lift imprisonment for killing lineal relatives are abolished in the amendment. Additionally, to protect our national dignity and to facilitate diplomatic personnel's work, added to the amendment is the application of the Criminal Code to interferences with public function outside our territory. Also, it is added that the Criminal Code can apply to skyjacking committed outside ROC territory. Currently, there are only two kinds of accessory punishments - disfranchisement and confiscation. Three other kinds, collection of duties short-levied or not levied, pursuit of payment, and compensation, are also added to the draft amendment.
Source: China Times 07/08/02
