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Cabinet approves proposal to commute jail sentences

The Cabinet yesterday approved a commutation proposal for approximately 9,000 inmates to be freed on June 30. However, the proposal needs the approval of the legislature before the end of the legislative session on May 31.

The Ministry of Justice's Prosecutorial Affairs Department Director Chiang Hui-ming (江惠民) said the proposal would reduce sentences for a significant number of inmates, while qualifying death row prisoners could have their sentences commuted to life in prison, he said.

However, of the twenty-four inmates on death row, none would qualify, Chiang said.

Qualifying prisoners sentenced to life in prison would have their sentences reduced to 20 years. Sentences for other qualifying inmates would be reduced to half of their original sentence.

"One of the most important conditions is that in order to qualify for the commutation, an inmate must be serving a sentence for a crime committed before April 24, 2007," he said.

"In other words, it is possible that a defendant could avoid going to prison, as long as the crime they are convicted for was committed before April 24, 2007. He or she can have been convicted after that date," Chiang said.

He made the remarks during a press conference after yesterday morning's weekly Cabinet meeting.

A calculation showed that 25,202 inmates would qualify for the commutation, Chiang said.

However, inmates convicted of rape, homicide, drug dealing, corruption, financial fraud, bribery or theft would not qualify.

"[People who] committed crimes that endangered society and seriously affected public order would not qualify for the commutation," Chiang said.

He also cited statistics showing that only 16 to 19 percent of the inmates who might be released if the proposal is passed were likely to reoffend, while more than 40 percent of inmates who are released on probation or have completed their sentences are likely to commit new crimes.

If the legislature approves the proposal, it will be the first commutation in 16 years. The 60th anniversary of the 228 Incident and the 20th anniversary of the lifting of martial law were noted by the president last week as reasons to grant commutations in accordance with Article 40 of the Constitution.

The government granted commutations in 1971, 1975, 1988 and 1991.
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