The High Prosecutors’ Office on Monday charged seven active-duty military personnel with spying for the Chinese Communist Party (CCP). Some had allegedly pledged loyalty to Beijing in video clips.
Under the Anticorruption Act (貪污治罪條例), they could be found guilty of “demanding, taking or promising to take bribes or other unlawful profits by the acts that violate the official duties,” and under the National Security Act (國家安全法), they could be found guilty of “initiating, funding, hosting, manipulating, directing or developing an organization.”
Many of the accused in this case are from the 601st Brigade of the Aviation Special Forces, Huadong Defense Command, Kinmen Defense Command, Ching Chuan Kang Air Base and the 104th Brigade in Chenggong Ling training camp.
As a result, the morale of the military has been damaged, and doubt has been cast on its reliability to defend the nation.
Military officers who received money from China should be punished severely. Given they allegedly took bribes from the CCP, it is only natural that the punishment should be severe. Those who pledged their loyalty to the CCP on camera could be sentenced to life in prison. No matter what sentence they receive, their value as military officers is gone.
Some law academics once criticized the Anti-Corruption Act as being too harsh and not proportional when applied to civil servants. However, due to the special relationship between the military and the country, and the moral standard and loyalty that should be borne by the officers, military personnel should not be treated as civil servants. This is the problem of our armed forces, and this is why the public is up in arms.
Article 58 of the Act of Military Service for Officers and Noncommissioned Officers of the Armed Forces (陸海空軍軍官士官服役條例) states: “Personnel serving as Officers or Non-commissioned Officers shall swear to be loyal to the Republic of China, obey the laws of the country, and keep the confidentiality of the official affairs for life.” Any officer who breaches this duty of loyalty can be charged under the Armed Forces Punishment Act (陸海空軍懲罰法), and this includes possible dismissal.
In the Criminal Code of the Armed Forces (陸海空軍刑法), Part Two, Chapter 1, Offenses Against the Allegiance to the Nation, any officer who allegedly conspires to commit an offense or surrenders to an enemy might not be convicted in the end.
However, the nature of military law and the criminal code should be considered. The punishment specified in this chapter should be employed in accordance with the defense of the country.
In this case, two officers allegedly collaborated with the CCP and filmed themselves saying “I surrender to the People’s Liberation Army.” As specified in the Criminal Code of the Armed Forces, Article 24.2: “A person who derelicts duty and surrenders to an enemy will be punished with imprisonment for not less than one year and not more than seven years.”
Article 24.1 indicates that their behavior could be considered an attempt to surrender to an enemy and therefore, they could “be sentenced to death, imprisonment for life or imprisonment for not less than ten years.”
However, the law is not comprehensively clear, and all involved agencies should solve the problem and clarify the regulations.
If the military is not well disciplined, the provisioning of it with world-class equipment could be undertaken in vain. Today, talent in the military is discarded in favor of mediocrity, which has undermined the traditional values of the military and relations between soldier and country.
However, all military personnel should be cognizant that their mission is first and foremost to defend the country. Every soldier should understand their role and responsibility. They should be more loyal to the country than any civil servant. They should serve the public and act virtuously in private.
If a soldier loses the faith, trust and confidence of others, their military values are left in tatters. The Ministry of National Defense should immediately restore military virtue so that our armed forces can be an entity everyone is proud of. Legal loopholes should be amended as soon as possible.
The military trial system should be brought back. These matters are of significant concern for the nation and must be promoted earnestly.
Chao Hsuey-wen is an assistant professor and holds a doctorate in law from Fu Jen Catholic University.
Translated by Emma Liu
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