The Constitutional Court yesterday ruled that imposing a life sentence or the death penalty for people convicted of selling narcotics is partly unconstitutional.
The authorities have to implement legal amendments within two years to reflect the ruling.
The court reviewed Constitutional Interpretation No. 476 based on 54 complaints stating that Article 4 of the Narcotics Hazard Prevention Act (毒品危害防治條例) only offered polarizing choices and gave judges very little room to adjudicate, potentially contravening articles 7, 8 and 23 of the Constitution.
Photo: Wu Cheng-feng, Taipei Times
Article 4 states that offenders who manufacture, transport or sell Category 1 narcotics are subject to a death sentence or life imprisonment, and may also be fined up to NT$30 million (US$943,456).
As defined by the act, Category 1 narcotics include morphine, cocaine, heroin, opium and their derivative products.
The intent of lawmakers to use life sentences to deter narcotics trafficking and use is evident, but the law fails to consider situations in which the accused is not guilty of other legal contraventions, the offense was minor or the case merits clemency, the judges said in their ruling.
Even if judges invoke Article 59 of the Criminal Code to reduce a defendant’s sentence, the crime would not merit such a heavy sentence, the ruling said.
Article 4 of the act risks being too rigid and inflexible, and the authorities should review the legal sentences that would be appropriate if the crime does not befit the sentence.
The ruling suggested that the authorities introduce fixed-term imprisonment as an alternative ruling or base the prison terms on the amount of narcotics sold and how many times the defendant has been accused of selling the product.
Starting from the day of the ruling until the legal amendments have been completed, any ruling regarding the trafficking of Category 1 narcotics should not only invoke Article 59 of the Criminal Code, but also reduce the already-reduced sentence by half, the court said.
Five of the petitions had been filed by narcotics traffickers and they can demand that the prosecutor general file a petition for an extraordinary appeal, the court said.
The Central Weather Administration (CWA) yesterday said it expected to issue a sea warning for Typhoon Fung-Wong tomorrow, which it said would possibly make landfall near central Taiwan. As of 2am yesterday, Fung-Wong was about 1,760km southeast of Oluanpi (鵝鑾鼻), Taiwan’s southernmost point, moving west-northwest at 26kph. It is forecast to reach Luzon in the northern Philippines by tomorrow, the CWA said. After entering the South China Sea, Typhoon Fung-Wong is likely to turn northward toward Taiwan, CWA forecaster Chang Chun-yao (張峻堯) said, adding that it would likely make landfall near central Taiwan. The CWA expects to issue a land
Taiwan’s exports soared to an all-time high of US$61.8 billion last month, surging 49.7 percent from a year earlier, as the global frenzy for artificial intelligence (AI) applications and new consumer electronics powered shipments of high-tech goods, the Ministry of Finance said yesterday. It was the first time exports had exceeded the US$60 billion mark, fueled by the global boom in AI development that has significantly boosted Taiwanese companies across the international supply chain, Department of Statistics Director-General Beatrice Tsai (蔡美娜) told a media briefing. “There is a consensus among major AI players that the upcycle is still in its early stage,”
The Central Weather Administration (CWA) yesterday said it is expected to issue a sea warning for Typhoon Fung-wong this afternoon and a land warning tomorrow. As of 1pm, the storm was about 1,070km southeast of Oluanpi (鵝鑾鼻), Taiwan’s southernmost point, and was moving west-northwest at 28 to 32kph, according to CWA data. The storm had a radius of 250km, with maximum sustained winds of 173kph and gusts reaching 209kph, the CWA added. The storm is forecast to pass near Luzon in the Philippines before entering the South China Sea and potentially turning northward toward Taiwan, the CWA said. CWA forecaster Chang Chun-yao (張峻堯) said
Japanese Prime Minister Sanae Takaichi yesterday said that China using armed force against Taiwan could constitute a "survival-threatening situation" for Japan, allowing the country to mobilize the Japanese armed forces under its security laws. Takaichi made the remarks during a parliamentary session while responding to a question about whether a "Taiwan contingency" involving a Chinese naval blockade would qualify as a "survival-threatening situation" for Japan, according to a report by Japan’s Asahi Shimbun. "If warships are used and other armed actions are involved, I believe this could constitute a survival-threatening situation," Takaichi was quoted as saying in the report. Under Japan’s security legislation,
RSS