People who are under the age of 18 and who had been found guilty of murdering their immediate family members would no longer receive the death penalty or life sentences -- if draft amendments to the Criminal Code get passed into law in the legislature.
The Executive Yuan is scheduled to approve the draft amendments today during the weekly Cabinet-affairs meeting.
According to Hsu Chih-hsiung (
"More than 140 countries signed the International Covenant on Civil and Political Rights, agreeing that convicted criminals under the age of 18 shouldn't receive the death penalty," Hsu said.
"In addition, 190 countries signed the Convention on the Rights of the Child, agreeing that it's wrong to impose the death penalty or a life sentence on convicted criminals who are 18 or younger."
If the draft bill is approved, the maximum allowed prison sentence for juveniles would increase from 15 years -- extendable to 20 years -- to 20 years -- extendable to 30 years.
The draft would also change the maximum period of detention from two months -- extendable to four months -- to 60 days, extendable to 120 days.
The minimum fine for juvenile offenses would also be increased from NT$1 to NT$100.
Death-row inmates who get their sentences commuted would have to serve a jail term of between 30 and 40 years, instead of the original term of between 12 and 15 years.
Those who serve a set sentence and are entitled to a commutation of their sentence would have to serve between 20 to 30 years in prison, instead of the original minimum of seven years.
Those convicted of more than one crime would have their maximum sentence increased from the original 20 years to 40 years.
The proposed amendments would also expand the definition of rape, which would be defined as the act of sexual invasion conducted via inappropriate means.
The act of rape would include the use of sex organs, other parts of the body or an object to enter or connect with another person's sex organ, anus, or mouth.
In addition, the draft would give a more specific definition of "insane behavior."
Currently, an insane individual who conducts criminal acts is immune from prosecution.
The draft, however, would let insane people off the hook only if they had problems discerning whether their behavior was breaking the law when they committed the crime.
In other words, an insane person committing a crime on purpose or by accident would no longer be immune from prosecution.
It would also be made harder to get eligibility for parole.
The minimum jail term for those serving a set sentence -- and who are eligible for parole -- would increase from the original 15 years to 30 years -- or 40 years for repeated offenders.
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