The Legislative Yuan yesterday passed amendments to the Criminal Code allowing the death penalty in cases of child abuse resulting in the death of a child aged seven or younger.
The amendments also mandate a sentence increase by half for murder when the victim is seven or younger.
The changes follow public outrage over the 2023 death of a one-year-old boy, nicknamed Kai Kai (剴剴), who was allegedly tortured to death by his licensed at-home caregiver and her sister.
Photo: Chen Yi-kuan, Taipei Times
The proposed amendments to Article 272-1 of the Criminal Code were supported by the ruling Democratic Progressive Party (DPP), and the opposition Chinese Nationalist Party (KMT) and Taiwan People’s Party (TPP), although opinions differed on amendments to Article 286.
Article 271 of the Criminal Code, which allows for a death sentence, life imprisonment or a sentence of more than 10 years for murder, has been revised to include a clause that increases the sentence by 50 percent if the victim is younger than seven years old.
The death penalty or life imprisonment may also be imposed if the child is killed due to abuse.
The penalty for preparing to murder a child aged seven or younger has also been increased to a maximum of five years in prison.
Additionally, Article 286, which addresses the maltreatment of minors under the age of 18 or actions that impair their mental or physical health or development, specifies sentences ranging from six months to five years in prison for offenders.
According to the article, if the crime is committed with the intent to profit, the sentence can be extended to at least five years in prison, along with a fine of up to NT$3 million (US$102,020).
The amendments would increase the penalties by half if the victim is aged seven or younger.
In addition, abuse resulting in the death of a child aged seven or younger may now be punishable by death, life imprisonment or at least 10 years in prison, while abuse resulting in serious injury to a child under seven would now carry a sentence of at least 10 years in prison.
If the abuse is committed for profit or results in death, the offender may be sentenced to death, life imprisonment or at least 12 years in prison.
If the abuse leads to serious injury, the penalty would be life imprisonment or at least 12 years in prison.
For victims aged seven to 18, if abuse results in death, the offender would be sentenced to life imprisonment or handed at least a 10-year sentence, while if the offense is committed for profit and results in death, the offender would be punished by life imprisonment or at least 12 years in prison.
In cases resulting in serious injury, the sentence is set at a minimum of 10 years.
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