Minister of Justice-designate Chiu Tai-san (邱太三) yesterday said that there is no need to revise fraud laws, because penalties are at a judge’s discretion.
The deportation of 45 Taiwanese involved in a telecommunications fraud case in Kenya and China has sparked a debate in which some lawmakers have proposed increasing penalties for fraud offenses as part of efforts to stem the crime.
Some in China, where many are affected by fraud, have said that Taiwanese courts treat fraudsters more leniently than in China.
Photo: Liu Hsin-de, Taipei Times
The Criminal Code stipulates that those convicted of fraud using telephones or other communication equipment face imprisonment of not more than five years, Chiu said.
However, in 2004 the nature of the penalties for fraud offenses was revised to “one offense, one penalty,” Chiu said, adding that this means that the courts can increase sentences based on the number of plaintiffs.
If moves are made to revise the code, “all [the relevant] sentences would be aggravated and Taiwan would, as a result, become a nation that has adopted heavy penalties,” he said.
As it stands, a defendant convicted of multiple fraud charges can be sentenced to up to 20 years in prison, depending on the severity of the crime and the judges’ discretion, the minister-designate said.
Chiu said the way Chinese handled the Kenyan deportations was “rude and savage” and that under regulations governing relations between the two sides of the Taiwan Strait, Taiwan has jurisdiction over its people, even if they commit crimes in China.
Taiwan has lodged strong protests against Kenya and China after the deportations on Friday last week and Tuesday this week.
China argues that the Taiwanese were part of a fraud ring with Chinese who were stationed in Kenya and were cheating people in China.
Fraudsters trying to scam people in China have increasingly resorted to setting up equipment outside of the region to avoid the reach of Beijing authorities as they crack down on telephone fraud.
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