The Ministry of Justice’s sudden decision to approve the execution of convicted murderer and death row inmate Lee Hung-chi (李宏基) has given rise to a new wave of discussion and debate.
Although the ministry has said that there were no political considerations behind Lee’s execution, which took place on Aug. 31, and that everything was done according to the law, it did not convince everyone.
Lee was sentenced to death for stabbing his wife and killing her, and then shutting himself in his car with his daughter and burning charcoal, resulting in the daughter’s death.
The acts seemingly constitute the offense of accomplished homicide, for which Article 271, Paragraph 1 of the Criminal Code stipulates statutory penalties of at least 10 years’ imprisonment, life imprisonment or death.
Moreover, since Lee’s daughter was younger than 18, Article 112, Paragraph 1 of the Protection of Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法) says that the penalty imposed on him should be heavier by a factor of one-half. Accordingly, it would seem quite normal for the court to impose the ultimate penalty.
However, if the perpetrator’s subjective intention was to injure the victim, then it should be dealt with as an offense of intentional injury resulting in the death of the victim, in accordance with Article 277, Paragraph 2 of the Criminal Code, under which the statutory penalty is at least seven years’ imprisonment or life.
The offense of accomplished homicide can be punished by death, but that of injury resulting in death cannot, so the perpetrator’s intention becomes the key factor to consider.
However, since any such intention exists only in the mind of the perpetrator, it is generally up to judges to determine their intention based on the circumstances.
In Lee’s first trial, the judges determined that the defendant’s motive for killing the victims was simply one of revenge, and therefore sentenced him to life in prison.
However, the judges at all his appeal trials believed that the accused had planned to kill his victims, and in cruel and brutal ways. Furthermore, during the appeal process, Lee threatened that he would not leave the victims’ families in peace.
In the judges’ opinion, this showed that Lee was beyond reform and should therefore receive the ultimate penalty.
This case shows that whether the perpetrator is sentenced to death depends on the decision of the judges alone, and this tends to cause uncertainty as to whether a custodial or death penalty is imposed.
After the verdict and sentence in Lee’s case were finally confirmed in 2016, no possibility of remedy was found.
Furthermore, the case conforms to the regulations under human rights conventions that allow the death penalty in cases where murders are carried out in an extraordinarily cruel manner.
The ministry approved the execution in accordance with the law. Minister of Justice Tsai Ching-hsiang’s (蔡清祥) decision was completely legal, and there would seem to be no grounds for saying that he approved Lee’s execution to salvage the political prestige of the government.
However, there are 42 other prisoners who have been sentenced to death, but not yet executed. Some of these death row prisoners’ sentences were confirmed before Lee’s, and many of them killed people in an equally cruel or even crueler manner than he did.
If the authorities do not proceed to carry out more executions, then no matter how many legal justifications the ministry gives, it cannot escape the suspicion that it executed Lee for political motives.
Wu Ching-chin is an associate professor of law at Aletheia University.
Translated by Julian Clegg
Could Asia be on the verge of a new wave of nuclear proliferation? A look back at the early history of the North Atlantic Treaty Organization (NATO), which recently celebrated its 75th anniversary, illuminates some reasons for concern in the Indo-Pacific today. US Secretary of Defense Lloyd Austin recently described NATO as “the most powerful and successful alliance in history,” but the organization’s early years were not without challenges. At its inception, the signing of the North Atlantic Treaty marked a sea change in American strategic thinking. The United States had been intent on withdrawing from Europe in the years following
My wife and I spent the week in the interior of Taiwan where Shuyuan spent her childhood. In that town there is a street that functions as an open farmer’s market. Walk along that street, as Shuyuan did yesterday, and it is next to impossible to come home empty-handed. Some mangoes that looked vaguely like others we had seen around here ended up on our table. Shuyuan told how she had bought them from a little old farmer woman from the countryside who said the mangoes were from a very old tree she had on her property. The big surprise
The issue of China’s overcapacity has drawn greater global attention recently, with US Secretary of the Treasury Janet Yellen urging Beijing to address its excess production in key industries during her visit to China last week. Meanwhile in Brussels, European Commission President Ursula von der Leyen last week said that Europe must have a tough talk with China on its perceived overcapacity and unfair trade practices. The remarks by Yellen and Von der Leyen come as China’s economy is undergoing a painful transition. Beijing is trying to steer the world’s second-largest economy out of a COVID-19 slump, the property crisis and
Former president Ma Ying-jeou’s (馬英九) trip to China provides a pertinent reminder of why Taiwanese protested so vociferously against attempts to force through the cross-strait service trade agreement in 2014 and why, since Ma’s presidential election win in 2012, they have not voted in another Chinese Nationalist Party (KMT) candidate. While the nation narrowly avoided tragedy — the treaty would have put Taiwan on the path toward the demobilization of its democracy, which Courtney Donovan Smith wrote about in the Taipei Times in “With the Sunflower movement Taiwan dodged a bullet” — Ma’s political swansong in China, which included fawning dithyrambs