The Ministry of Justice is considering increasing penalties for child abuse, including eliminating the potential of parole for cases resulting in the deaths of children younger than seven years old, Minister of Justice Cheng Ming-chien (鄭銘謙) said yesterday.
Cheng was responding to questions from legislators about increasing penalties for child abuse, after two sisters were sentenced last month for causing the death of a one-year-old boy nicknamed Kai Kai (剴剴).
The Legislative Yuan’s Judiciary and Organic Laws and Statutes Committee invited officials from the ministry and the Judicial Yuan to report on the factors that influence sentencing guidelines involving the death penalty.
Photo: Lo Pei-de, Taipei Times
The factors include statements from the victims or relatives, the possibility of rehabilitation, as well as 10 items under Article 57 of the Criminal Code that sentencing can take into account, such as motive, education level and the offender’s attitude after the crime.
Lawmakers cited the Kai Kai case as a reason to increase child abuse penalties, after an online petition received thousands of signatures.
The ministry on Tuesday met with a criminal law research team and is to hold another consultation today, soliciting opinions from all sectors, Cheng said.
Any proposed amendments would increase penalties, he added.
The ministry has a zero tolerance view on child abuse, and would revise the law with that principle in mind, he said.
The ministry is also considering eliminating the possibility of parole for those convicted of abuse of children younger than seven that resulted in the child’s death, he added.
The matter touches on constitutional powers and previous judgements, Judicial Yuan Deputy Secretary-General Wang Mei-ying (王梅英) said, adding that the Judicial Yuan respects the rulings of the Constitutional Court.
Although there was bipartisan support for increasing penalties, legislators failed to reach a consensus on proposed amendments.
Chinese Nationalist Party (KMT) lawmakers previously proposed amendments to articles 271 and 286 of the Criminal Code, increasing the penalty for child abuse resulting in death to the death penalty.
Article 271 says that a person who takes the life of another shall be sentenced to death, life imprisonment or no less than 10 years in prison. Article 286 allows life imprisonment for abuse causing death.
KMT Legislator Wang Hung-wei (王鴻薇) said she hoped the ministry would propose amendments to protect children and use capital punishment to achieve equitable justice.
Everyone wants to protect children, but the legal principles behind amending the law must be clarified, Democratic Progressive Party (DPP) Legislator Chuang Jui-hsiung (莊瑞雄) said.
To amend the law after three or six months “would be too long,” DPP caucus chief executive Rosalia Wu (吳思瑤) said, adding that she hoped the parties could reach a consensus soon.
The ministry is not opposed to amending either article, Deputy Minister of Justice Huang Mou-hsin (黃謀信) said, adding that it would submit legal opinions on amendments within one month for members of the committee.
Lawmakers agreed to defer further discussions for cross-party discussions.
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