ALIN Legislative News
From National Taiwan University College of Law
Taiwan: The
Constitutional Court Upholds the Constitutionality of Capital Punishment but
Orders More Restrictions
On September 20th, 2024, the Taiwan Constitutional Court ruled that the
death penalty remains legitimate if applied through due process of law and only
in specific cases involving aggravating circumstances.
The debate surrounding the abolition of the death penalty, reignited by
petitions to the Court from 37 death row inmates, has once again captured
public attention. The ruling, TCC Judgment 113-Hsien-Pan-8 (2024), clarifies
the application of Taiwan’s death penalty laws, particularly for intentional
homicide, stating that the most severe punishment, as in the death penalty, can
only be imposed when the crime is of an extreme nature and the legal process
adheres to the strictest constitutional standards. Cases involving murder under
aggravated circumstances, such as during a robbery, may also attract the death
penalty, but only when both the crime and the process meet these criteria.
Blanket imposition of capital punishment is deemed unconstitutional if the severity
of the crime is not sufficiently considered.
The decision further highlights the procedural requirements. It mandates
that defendants who are accused of crimes that may result in the death penalty
must have an attorney with them through the whole legal process, including
pre-trial interrogations and the third-instance appeals for legal review.
Additionally, the court establishes that death sentences can only be rendered
or confirmed following oral arguments, with a unanimous decision from the panel
of judges at all court levels.
The court also addresses the issue of mental health in capital punishment
cases. Defendants with significant mental disorders that impair their ability
to understand their actions or participate in their defense during trial are
exempt from the death penalty. Moreover, individuals who have developed mental
or cognitive impairments that affect their ability to endure punishment after
sentencing cannot be executed.
In the end of the ruling, the court ordered a two-year period for legal
amendments to align with these protections, ensuring compliance with
constitutional principles of the right to life and due process.
Author: Ching-Ping Shao
Topic: Death Penalty, Criminal Procedure, Constitutional
Court
Jurisdiction: Taiwan
Date: October 17, 2024