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.
TRAGEDY STRIKES TAIPEI: The suspect died after falling off a building after he threw smoke grenades into Taipei Main Station and went on a killing spree in Zhongshan A 27-year-old suspect allegedly threw smoke grenades in Taipei Main Station and then proceeded to Zhongshan MRT Station in a random killing spree that resulted in the death of the suspect and two other civilians, and seven injured, including one in critical condition, as of press time last night. The suspect, identified as a man surnamed Chang Wen (張文), allegedly began the attack at Taipei Main Station, the Taipei Fire Department said, adding that it received a report at 5:24pm that smoke grenades had been thrown in the station. One man in his 50s was rushed to hospital after a cardiac arrest
PUBLIC SAFETY: The premier said that security would be tightened in transport hubs, while President Lai commended the public for their bravery The government is to deploy more police, including rapid response units, in crowded public areas to ensure a swift response to any threats, President William Lai (賴清德) said yesterday after a knife attack killed three people and injured 11 in Taipei the previous day. Lai made the remarks following a briefing by the National Police Agency on the progress of the investigation, saying that the attack underscored the importance of cooperation in public security between the central and local governments. The attack unfolded in the early evening on Friday around Taipei Main Station’s M7 exit and later near the Taipei MRT’s Zhongshan
ON ALERT: Taiwan’s partners would issue warnings if China attempted to use Interpol to target Taiwanese, and the global body has mechanisms to prevent it, an official said China has stationed two to four people specializing in Taiwan affairs at its embassies in several democratic countries to monitor and harass Taiwanese, actions that the host nations would not tolerate, National Security Bureau (NSB) Director-General Tsai Ming-yen (蔡明彥) said yesterday. Tsai made the comments at a meeting of the legislature’s Foreign Affairs and National Defense Committee, which asked him and Minister of National Defense Wellington Koo (顧立雄) to report on potential conflicts in the Taiwan Strait and military preparedness. Democratic Progressive Party (DPP) Legislator Michelle Lin (林楚茵) expressed concern that Beijing has posted personnel from China’s Taiwan Affairs Office to its
‘ILLEGAL RULING’: The KMT and the TPP slammed the Constitutional Court judgement, saying it contravened the law and was trying to clear the way for a ‘green dictatorship’ The Constitutional Court yesterday ruled that amendments to the Constitutional Court Procedure Act (憲法訴訟法) passed by the Legislative Yuan last year are unconstitutional, as they contravene due legislative process and separation of powers. The Legislative Yuan on Dec. 20 last year passed amendments stipulating that no fewer than 10 grand justices must take part in deliberations of the Constitutional Court, and at least nine grand justices must agree to declare a law unconstitutional. The Executive Yuan on Jan. 2 requested that lawmakers reconsider the bill, but the Legislative Yuan, under a combined majority of Chinese Nationalist Party (KMT) and Taiwan People’s Party
RSS