In 2023, a one-year-old boy, nicknamed Kai Kai (剴剴), was allegedly beaten to death by his caregivers, Liu Tsai-hsuan (劉彩萱) and Liu Juo-lin (劉若琳). A doctor testified in court that Kai Kai’s medical examination showed evidence of severe physical and psychological trauma caused by long-term physical, mental and sexual abuse. The Taipei District Prosecutors’ Office indicted the sisters under Article 286 of the Criminal Code for impairing the mental and physical development of a minor. The trial has reignited debates over penalties for crimes related to child abuse.
Article 286 was promulgated in 1935 and has been amended three times — in 2012, 2019 and last year. It states that a person whose maltreatment of a minor results in death “shall” be sentenced to life imprisonment or imprisonment of not less than 10 years. In cases resulting in serious injury, the perpetrator faces a prison sentence of five to 12 years. If the victim is younger than seven, the sentence would be increased “up to one half.” Despite amendments to the law, the public continues to criticize such sentences as being far too lenient.
The courts have historically followed Supreme Court rulings No. 3378 of 1939 and No. 1004 of 1958, which state that Article 47 of the Criminal Code — which stipulates that the principal punishment for a recidivist “shall” be increased by up to one half — only sets a maximum limit for increasing punishment. Thus, courts have the discretion to decide how much to increase punishments within that range.
In other words, while the article states that sentences shall be increased by up to one half, in practice, the sentences “may” be increased — there is no requirement. Data indicate that courts typically lengthen sentences by just one month, making the goal of imposing harsher sentences appear unachievable.
To solve the issue, the government should look to Article 44 of the newly enacted Fraud Crime Hazard Prevention Act (詐欺犯罪危害防制條例), which states that when raising penalties of certain sentences as permitted in the act, the maximum and minimum penalties shall be raised concurrently. That directly limits judicial discretion and mandates an actual increase in the principal sentence through legislation, a model that could be applied to crimes of child abuse.
Children younger than seven are unable to protect themselves from unlawful harm. Thus, legislation must provide special protections for this group. Taking inspiration from Article 272 of the Criminal Code, which states that an individual who commits or attempts homicide “against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.”
Applying the same provision to penalties for the maltreatment of children younger than seven would serve as a deterrent and uphold the principle of proportionality.
Abusing a child to the point of death severely contravenes the right to life — it is hard to imagine that such perpetrators have the potential for rehabilitation. The government could consider a proposal by the legislature’s Legal Affairs Bureau that perpetrators of particularly egregious crimes not be allowed parole. Alternatively, it could outline a stricter set of parole guidelines similar to Article 49 of the Fraud Crime Hazard Prevention Act.
Protecting children requires a comprehensive social support system, not sole reliance on harsher criminal penalties. Prevention is more important than punishment. Early intervention, family support and educational resources can reduce the frequency of child abuse cases. Amending the Criminal Code alone is not enough — only through the care and investment of society can we truly defend the safety and well-being of children.
Chao Hsuey-wen is an assistant professor.
Translated by Kyra Gustavsen
KMT Chairwoman Cheng Li-wun’s (鄭麗文) recent visit to Beijing and her upcoming visit to Washington will serve as a high-level test of her diplomatic mettle. In Beijing, Cheng was received with symbolic gestures, a warm reception, and high-level access. In Washington, she will receive far less pomp and far sharper questions about the KMT’s vision for the future of Taiwan. Her challenge will be to persuade Washington that the KMT’s engagement with China can coexist with strong deterrence. Cheng’s April 7-12 visit to mainland China coincided with an intense period of conflict in Iran. Despite the strategic significance of Cheng’s trip,
The closure of the Strait of Hormuz has sent the vast Asian chemicals industry into a tailspin. Deprived of the likes of Qatari natural gas and Saudi Arabian oil, the region’s fertilizer and plastics plants are slowing production or even shutting down. Everywhere except China, that is. In petrochemicals, China is unique. As well as a traditional industry that uses oil and gas as feedstock, it has parallel output that relies on its abundant domestic coal. Unsurprisingly, India and other regional powers want to copy and paste the Chinese method. This would not be easy — or climate friendly. The
Indonesian President Prabowo Subianto says he knows how to fix the problems facing Indonesia. Yet his economic mismanagement and authoritarian tendencies are steering the nation toward a familiar mix of currency instability and political chaos. The world’s fourth-most populous nation risks reversing the hard-won democratic and business reforms that came after the Asian Financial Crisis in 1997. At that time, the rupiah collapsed and the political upheaval that followed forced former president Haji Mohamed Suharto from power. Prabowo’s administration is ignoring similar warning signs. That disconnect was apparent in a national address on Wednesday, when Prabowo projected the swagger that has
“Of course you can choose not to be Taiwanese, just do not stay here,” chairwoman of Taipei 101 operator Taipei Financial Center Corp Janet Chia (賈永婕) said in an online interview with local entertainer Tai Chih-yuan (邰智源), triggering intense discussion on social media, with politicians across party lines weighing in. In the interview, which was aired on May 14, Chia and Tai’s discussion over a meal in Taipei 101 covered Chia’s career change from entertainer to chairwoman and US climber Alex Honnold’s free solo climb up the Taipei 101 building. During the interview, Chia said, “Being on this land, we
RSS