Following the enactment of the state of emergency decree -- which stiffens criminal punishment for six months following the earthquake -- local judges are expressing confusion as to what will happen once the decree ends.
When President Lee Teng-hui (
The decree imposes a cumulative prison sentence for those who obtain relief funds, relief goods, or property from refugees by means of fraud, theft, or robbery. These crimes are ordinarily punishable by fines.
Ten days after the devastating earthquake, there have been more than 200 complaints reported to the Cabinet-level Fair Trade Commission (
Cheng Yu (
"For minor cases, the vendors will be punished with fines from NT$50,000 to NT$25 million," Cheng said.
"Thanks to the emergency decree, we can take to court those who have forced up prices of their products at exorbitant rates," he said.
A number of judges, however, have expressed worry that the decree may cause legal disputes once it terminates on March 24, 2000.
"Normally, the court has to rule based on the law which is either the most up-to-date or the most in favor of the defendant. So we just wonder if we can still apply the decree once it ceases to exist," said Chen Hen-kuan (
"In normal situations, court proceedings take much longer than six months [once you] include trial and appeals. And it worries me that a man charged with price-bidding during a state of emergency may get acquitted when the decree loses effect," Chen added.
The emergency decree, which supersedes ordinary legislation while it is in effect, is usually promulgated in conditions of unexpected crisis such as natural disasters or war.
To ensure their effectiveness, these special laws are usually limited in their geographical scope and time frame. Last week's decree expires March 24, 2000, and is limited to the two hardest-hit counties -- Nantou and Taichung -- and other pockets where the earthquake wrought havoc.
The decree, however, has confused judges with its limited validity and its overlap with existing law. The existing Fair Trade Regulation imposes fines on those who conduct unfair dealings by forcing up prices. But fair trade violations are punishable by imprisonment from one to seven years under the emergency decree.
There is also an overlap with the existing criminal code on cumulative punishment for those who commit fraud, theft, or robbery during a state of emergency. Including punishments for these crimes in the emergency decree, judges say, is redundant.
Chen said the emergency decree is essential to social stability during earthquake recovery. But he cautioned that it could cause more trouble than it avoids if it is applied without prudence.
"Some may say that we judges worry too much, but various problems will inevitably come out once the decree ceases to exist. We just have to prevent [these problems] in advance," Chen said.
Judges have suggested that an article be added to the criminal code which specifies that certain crimes committed before March 24 next year be punished according to the emergency decree even if the courts have not ruled by that time.
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