A Criminal Code provision requiring repeat offenders to serve up to 25 years with no chance of parole if they violate the law during their parole contravenes the Constitution, and should be amended within two years, the Constitutional Court said yesterday.
Hsieh Chao-he (謝朝和), who was sentenced to life in prison for violating the now-defunct Act Punishing Thievery and Banditry (懲治盜匪條例), was in 2009 granted parole after serving 18 years.
However, his parole was revoked after he was convicted of theft and ordered to serve 25 years in jail without parole. Hsieh said the sentence was “disproportionate” to the crime and requested a constitutional interpretation.
Photo: screen shot from a Constitutional Court livestream
Another 35 similar cases were merged into one in the Constitutional Court’s review of Hsieh’s request.
The Constitutional Court yesterday said that the revocation of the accused’s parole had not considered the severity of the repeat offense nor the effects of the rehabilitation program on the accused during the time of parole.
Ordering the accused to serve out the remainder of their previous sentence before their parole for up to 25 years violates the principle of proportionality and fails to observe the spirit of Article 8 of the Constitution, the court said.
The competent authority should amend this provision in the Criminal Code within two years, it said.
If the law is not amended within the given period, the competent authority should rescind rulings and instead implement measures more in line with the principle of proportionality, it said.
Five appeals were certified to have contravened the Constitution and have been remanded to the Supreme Court, it said, adding that chief prosecutors are within their rights or can act if petitioned by others to lodge an extraordinary appeal on the ruling.
The Supreme Court should halt legal proceedings of the cases until the amendment is passed and then review the case with the amended Criminal Code in mind, it added.
As for other convicts facing a similar situation, but who were not part of the five appeals, the Constitutional Court said that if they voice opposition regarding their cases following the constitutional interpretation or if their cases are on trial, the courts presiding over the cases should halt all legal proceedings until the amendment has been promulgated.
DETERRENCE: With 1,000 indigenous Hsiung Feng II and III missiles and 400 Harpoon missiles, the nation would boast the highest anti-ship missile density in the world With Taiwan wrapping up mass production of Hsiung Feng II and III missiles by December and an influx of Harpoon missiles from the US, Taiwan would have the highest density of anti-ship missiles in the world, a source said yesterday. Taiwan is to wrap up mass production of the indigenous anti-ship missiles by the end of year, as the Chungshan Institute of Science and Technology has been meeting production targets ahead of schedule, a defense official with knowledge of the matter said. Combined with the 400 Harpoon anti-ship missiles Taiwan expects to receive from the US by 2028, the nation would have
North Korea yesterday fired about 10 ballistic missiles to the sea toward Japan, the South Korean Joint Chiefs of Staff (JCS) said, days after Pyongyang warned of “terrible consequences” over ongoing South Korea-US military drills. Pyongyang recently dashed hopes of a diplomatic thaw with Seoul, Washington’s security ally, describing its latest peace efforts as a “clumsy, deceptive farce.” Seoul’s military detected “around 10 ballistic missiles launched from the Sunan area in North Korea toward the East Sea [Sea of Japan] at around 1:20pm,” JCS said in a statement, referring to South Korea’s name for the body of water. The missiles
‘UNWAVERING FRIENDSHIP’: A representative of a Japanese group that co-organized a memorial, said he hopes Japanese never forget Taiwan’s kindness President William Lai (賴清德) yesterday marked the 15th anniversary of the Tohoku earthquake and tsunami, urging continued cooperation between Taiwan and Japan on disaster prevention and humanitarian assistance. Lai wrote on social media that Taiwan and Japan have always helped each other in the aftermath of major disasters. The magnitude 9 earthquake struck northeastern Japan on March 11, 2011, triggering a massive tsunami that claimed more than 19,000 lives, according to data from Japanese authorities. Following the disaster, Taiwan donated more than US$240 million in aid, making it one of the largest contributors of financial assistance to Japan. In addition to cash donations and
North Korea tested nuclear-capable rocket launchers, state media reported yesterday, a day after Seoul detected the launch of about 10 ballistic missiles. The test comes after South Korean and US forces launched their springtime military drills, due to run until Thursday. North Korean leader Kim Jong-un on Saturday oversaw the testing of the multiple rocket launcher system (MRLS), the Korean Central News Agency (KCNA) said. The test involved 12 600mm-caliber ultra-precision multiple rocket launchers and two artillery companies, it said. Kim said the drill gave Pyongyang’s enemies, within the 420km striking range, a sense of “uneasiness” and “a deep understanding
RSS