ALIN Legislative News
From National Taiwan University College of Law
Taiwan: The
Constitutional Court Upholds Death Penalty with Stricter Limitations
(October 9, 2024) – In a landmark ruling, Taiwan’s Constitutional Court
reaffirmed the constitutionality of the death penalty on September 20, 2024.
However, the Court imposed significant restrictions on its application, marking
a departure from its previous decisions.
This is the fourth time the Court has upheld the death penalty, yet the
latest ruling introduces more stringent requirements to narrow its scope. These
requirements encompass both substantive and procedural elements.
The Court now limits the death penalty to the most serious crimes, such as
purposeful homicide involving specific circumstances. This excludes less severe
offenses and certain categories of perpetrators, including those with only
knowledge (dolus indirectus) and those with diminished mental capacity or those
who have committed only attempted homicide.
The Court also provided concrete examples of factors to be considered when
determining whether a crime qualifies as “extreme gravity,” including the perpetrator’s motive, the
means used, the number and nature of victims.
In terms of procedural safeguards, the Court mandated that defense
attorneys must be present during police or prosecutorial interrogations of
homicide suspects. Compulsory counsel is now extended to the third instance of
homicide cases, and oral arguments are required in the third instance of such
cases. Additionally, death penalty sentences must be unanimously approved by
all judges.
Defendants with mental disorders or defects that impair their ability to
defend themselves may not be sentenced to death, nor may they be executed if
such conditions arise after sentencing.
The legislative body is now tasked with amending existing statutes to
align with the Court’ decision. Defendants who do not meet the newly
established requirements may seek remedies based on the Court’s ruling.
While largely affirming existing judicial practice, this ruling marks a
significant development in Taiwan’s ongoing debate over the death penalty.
Although the Court has upheld its constitutionality, the stricter limitations
imposed are anticipated to have a profound influence on its future application.
Author: Patrick Chung-Chia Huang
Topic: Death Penalty, Capital Punishment,
Constitutionality, Criminal Law
Jurisdiction: Taiwan
Date: October 09, 2024