The Supreme Court yesterday ordered the retrial of eight Sunflower movement figures sentenced last year to two to four years in prison over their roles in the occupation of the Executive Yuan in 2014.
In remanding the case to the High Court, the Supreme Court said that the defendants were exercising “civil disobedience” and should receive more lenient sentences.
The High Court in April last year sentenced the Sunflower movement figures, including Dennis Wei (魏揚), for inciting others to commit crimes related to the occupation of the Executive Yuan complex during the 23-day protest.
Photo: Liao Chen-huei, Taipei Times
The defendants appealed the case to the Supreme Court.
In its ruling yesterday, the court revoked the guilty verdicts and ordered a retrial, based on the argument that the defendants were exercising their “right of resistance” or “civil disobedience” as part of their right to freedom of expression.
The “right of resistance” is used to protect and restore a democratic constitutional order, and is legal and legitimate under the Constitution, the court said.
Although the Constitution does not explicitly stipulate the “right to resistance,” it should still be recognized based on the constitutional principles under popular sovereignty, it said.
Therefore, behavior that exercises the “right of resistance” can be used to defeat or mitigate the legal consequences of what might otherwise be unlawful conduct, it said.
The court can apply these rules related to behavior under extenuating circumstances, such as cases of self-defense, to reduce a defendant’s sentence or overrule any unlawful conduct, it added.
The court ruling also said that the High Court did not look into the reason for the defendants’ behavior, nor did it thoroughly investigate and explain if that behavior constituted the crime of inciting others to commit crimes.
The Sunflower movement was a protest against the then-Chinese Nationalist Party (KMT) government’s handling of a trade in services agreement with China. It began after then-KMT legislator Chang Ching-chung (張慶忠) rushed through the agreement without debate on March 17, 2014.
During almost 23 days of protests from March 18 to April 10, hundreds of people broke into the Legislative Yuan, while thousands demonstrated outside the complex.
One group, which included the eight defendants, attempted to occupy the nearby Executive Yuan on March 23, but were forcibly removed by police during the early hours of March 24.
The Taipei District Prosecutors’ Office indicted them in 2015 for inciting others to commit crimes, obstructing officials in carrying out their duties and damaging government property.
During the first trial, the Taipei District Court found them all not guilty. Prosecutors later appealed to the High Court, which overturned the initial verdicts.
TRAFFIC SAFETY RULES: A positive result in a drug test would result in a two-year license suspension for the driver and vehicle, and a fine of up to NT$180,000 The Ministry of Transportation and Communications is to authorize police to conduct roadside saliva tests by the end of the year to deter people from driving while under the influence of narcotics, it said yesterday. The ministry last month unveiled a draft of amended regulations governing traffic safety rules and penalties, which included provisions empowering police to conduct mandatory saliva tests on drivers. While currently rules authorize police to use oral fluid testing kits for signs of drug use, they do not establish penalties for noncompliance or operating procedures for officers to follow, the ministry said. The proposed changes to the regulations require
The Executive Yuan yesterday announced that registration for a one-time universal NT$10,000 cash handout to help people in Taiwan survive US tariffs and inflation would start on Nov. 5, with payouts available as early as Nov. 12. Who is eligible for the handout? Registered Taiwanese nationals are eligible, including those born in Taiwan before April 30 next year with a birth certificate. Non-registered nationals with residence permits, foreign permanent residents and foreign spouses of Taiwanese citizens with residence permits also qualify for the handouts. For people who meet the eligibility requirements, but passed away between yesterday and April 30 next year, surviving family members
Taipei, New Taipei City, Keelung and Taoyuan would issue a decision at 8pm on whether to cancel work and school tomorrow due to forecasted heavy rain, Keelung Mayor Hsieh Kuo-liang (謝國樑) said today. Hsieh told reporters that absent some pressing reason, the four northern cities would announce the decision jointly at 8pm. Keelung is expected to receive between 300mm and 490mm of rain in the period from 2pm today through 2pm tomorrow, Central Weather Administration data showed. Keelung City Government regulations stipulate that school and work can be canceled if rain totals in mountainous or low-elevation areas are forecast to exceed 350mm in
China Airlines Ltd (CAL) yesterday morning joined SkyTeam’s Aviation Challenge for the fourth time, operating a demonstration flight for “net zero carbon emissions” from Taiwan Taoyuan International Airport to Bangkok. The flight used sustainable aviation fuel (SAF) at a ratio of up to 40 percent, the highest proportion CAL has achieved to date, the nation’s largest carrier said. Since April, SAF has become available to Taiwanese international carriers at Taipei International Airport (Songshan airport), Kaohsiung International Airport and Taoyuan airport. In previous challenges, CAL operated “net zero carbon emission flights” to Singapore and Japan. At a ceremony at Taoyuan airport, China Airlines chief sustainability
RSS