Tue, Jan 13, 2026 page8

• Restorative justice must not result in more harm

  • By Teng Hon-yuan 鄧鴻源
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  A female student, surnamed Lin (林), at a junior-high school in New Taipei City in 2023 asked a male student, surnamed Kuo (郭), to kill a male student, surnamed Yang (楊), who was stabbed to death with a switchblade.

  After the court’s second ruling, Yang’s parents said one judge asked them if it was acceptable for the killers to show them “filial piety” as a form of atonement.

  The court said that the presiding judge had been changed.

  During the proceedings before the trial, the offenders’ lawyer applied to the previous judge for “restorative justice,” inquiring whether Yang’s family would accept any form of compensation, the court said, adding that the previous judge did not force the Yang’s parents to accept it.

  The public’s doubts have continued to mount: Is it reasonable for a judge to propose that “the killers show filial piety toward the victim’s parents”? Under normal circumstances, the proposal would not be deemed reasonable or appropriate. However, the discussion of the case should not be confined to criticizing the judge’s remarks, as it also involves three dimensions: the moral, emotional and legal aspects.

  From the legal aspect, the punishment imposed on the offender are typically criminal liability and civil compensation. The former refers to imprisonment and corrective measures, while the latter refers to paying for medical expenses, emotional damages and support losses. The law does not mandate the offender to build familial or caregiving relationships with the victim’s family, nor does it demand filial piety from the offender.

  One reason for that is because forcing emotional obligation would likely cause additional harm. The victim’s family might be unwilling to accept it, and the offender might not be sincere, so it is just for show.

  From the moral and mental aspects, the victim’s family can hardly trust the person who killed their loved one, let alone form an affection for them. Forced interaction might worsen their trauma, mourning and grief.

  In this case, Yang’s family said the judge was overly idealistic. Not only did they not think that the offender would show filial piety toward them, but they were also in a panic, with Yang’s father saying: “It would already be a blessing if the offenders do not come and kill us.”

  Offenders should atone through confession, punishment and compensation, so they could gain true awareness of their wrongdoing. As long as the offender has not sincerely remedied his crime and the victim’s family remains fearful, we should not invoke “restorative justice.” The victim’s family should not be asked whether it is acceptable for the offenders to atone by showing filial piety toward them, so that they would not be hurt again. Otherwise, it would inevitably raise doubts about whether restorative justice merely means reduced sentencing.

  Is restorative justice really possible? Its main goal is to help the offender understand the harm they caused to the victim, and then to discuss together how to remedy the fault through dialogue. In Yang’s case, this step was absent or undisclosed.

  The media reported that the offenders showed no regret and even threatened witnesses. Their actions were far from the principles of restorative justice.

  Restorative justice involves dialogue, apologies and understanding each other’s emotions, and it must be conducted on the basis of willingness, respect and safety. The goal is to understand and heal the victim’s or their families’ trauma, not making the offender take the victim’s place.

  Teng Hon-yuan is a university professor.

  Translated by Eddy Chang
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