In the immediate aftermath of the derailment of a Puyuma Express train, prosecutors focused the investigation on the driver, while senior Taiwan Railways Administration (TRA) officials put out the story that the driver’s speeding had led to the accident.
The facts, when they were revealed, showed that this was not the case, and the TRA director-general stepped down.
One thing worth reflecting on, however, is whether the senior TRA officials, the director-general among them, are criminally liable.
According to the second paragraph of Article 276 of the Criminal Code, a person who, in the performance of their occupational duties or activities, commits an offense by neglecting the degree of care required by such an occupation shall be sentenced to imprisonment for not more than five years.
The high number of fatalities in the derailment notwithstanding, Article 55 of the Criminal Code stipulates that, where an act constitutes several offenses, only the most severe punishment shall be imposed.
Moreover, according to the first paragraph of Article 14, conduct is committed negligently if the actor fails, although not intentionally, to exercise the duty of care that they should and could have exercised under the circumstances.
Criminal negligence is constituted on the premise that the actor has the duty of care.
As it is impossible for lawmakers to list all the duties of care for all occupations, a court decision relies on the judges’ interpretation of the law for each specific case, which can lead to uncertainty.
Finally, according to the Criminal Code, offenders are only punished when the act is accomplished, not attempted.
As the director-general has the authority over the overall planning of transportation, the maintenance of the railway and transport systems, and the education and training of personnel, he is certainly obliged to supervise transportation safety.
However, in the case of a specific accident, counting specific operational issues — such as train driving safety, vehicle maintenance and normal operation of the signals — among the director-general’s overall responsibilities and duties of care would require a generous interpretation of the law, possibly running afoul of the principle of nulla poena sine lege (no penalty without a law).
Perhaps specific operational issues could be counted among the director-general’s duty of care and maybe an investigation would prove that malfunctioning signals, mechanical failures or problems such as train defects or aging rails did play a part in the derailment — demonstrating that the senior officials failed to provide a proper level of supervision, thus constituting negligence — but if the problems and defects were not bad enough to cause the train to lose control, then the driver should take responsibility for the casualties — even if the officials gave instructions to continue operating a faulty train. However, this is assuming that the driver was not ordered to speed in the interest of punctuality.
The causal relationship between the derailment and other individuals, and the senior officials in particular, is therefore interrupted. The case becomes one of attempted negligence, which is not punishable under the Criminal Code.
Even if senior TRA officials cannot receive criminal punishment — based on criminal law principles such as nulla poena sine lege and in dubio pro reo (when in doubt, rule for the accused) — they still have civil liability and could even receive an administrative punishment.
Accountability should not end when officials step down.
Wu Ching-chin is an associate professor in Aletheia University’s Department of Law.
Translated by Lin Lee-kai
Concerns that the US might abandon Taiwan are often overstated. While US President Donald Trump’s handling of Ukraine raised unease in Taiwan, it is crucial to recognize that Taiwan is not Ukraine. Under Trump, the US views Ukraine largely as a European problem, whereas the Indo-Pacific region remains its primary geopolitical focus. Taipei holds immense strategic value for Washington and is unlikely to be treated as a bargaining chip in US-China relations. Trump’s vision of “making America great again” would be directly undermined by any move to abandon Taiwan. Despite the rhetoric of “America First,” the Trump administration understands the necessity of
US President Donald Trump’s challenge to domestic American economic-political priorities, and abroad to the global balance of power, are not a threat to the security of Taiwan. Trump’s success can go far to contain the real threat — the Chinese Communist Party’s (CCP) surge to hegemony — while offering expanded defensive opportunities for Taiwan. In a stunning affirmation of the CCP policy of “forceful reunification,” an obscene euphemism for the invasion of Taiwan and the destruction of its democracy, on March 13, 2024, the People’s Liberation Army’s (PLA) used Chinese social media platforms to show the first-time linkage of three new
If you had a vision of the future where China did not dominate the global car industry, you can kiss those dreams goodbye. That is because US President Donald Trump’s promised 25 percent tariff on auto imports takes an ax to the only bits of the emerging electric vehicle (EV) supply chain that are not already dominated by Beijing. The biggest losers when the levies take effect this week would be Japan and South Korea. They account for one-third of the cars imported into the US, and as much as two-thirds of those imported from outside North America. (Mexico and Canada, while
I have heard people equate the government’s stance on resisting forced unification with China or the conditional reinstatement of the military court system with the rise of the Nazis before World War II. The comparison is absurd. There is no meaningful parallel between the government and Nazi Germany, nor does such a mindset exist within the general public in Taiwan. It is important to remember that the German public bore some responsibility for the horrors of the Holocaust. Post-World War II Germany’s transitional justice efforts were rooted in a national reckoning and introspection. Many Jews were sent to concentration camps not
RSS