The 37 death row prisoners in Taiwan who have exhausted their appeals may petition for extraordinary appeals to alter their sentencing following a ruling by the Constitutional Court on Friday that stated the death penalty was constitutional, but only for “exceptional” cases.
In a case brought by the 37 prisoners, the Constitutional Court ruled that the death penalty was constitutional only for “the most serious” premeditated murders and premeditated crimes resulting in death.
The ruling also prohibits the death sentence for people with a mental condition, reversing the current practice which allows only those who can prove that their mental conditions had affected their judgment when they committed their crimes to receive reduced sentences.
Photo: CNA
Any current laws incompatible with the ruling must be amended within two years, the court said.
At a news conference following the ruling, Yang Hao-ching (楊皓清), the court’s director-general, said while the death row prisoners could petition for extraordinary appeals based on Friday’s ruling, it was up to the head prosecutor of the Supreme Prosecutors’ Office to decide whether to accept their petitions.
Even if the head prosecutor files for extraordinary appeals on their behalf, the Supreme Court still has to decide whether to review such appeals, he added.
The Supreme Prosecutors’ Office in a press release issued later on Friday said it would file extraordinary appeals for prisoners Chen Yi-lung (陳憶隆) and Huang Chun-chi (黃春棋) because the laws underlying their death sentences were ruled unconstitutional by the Constitutional Court.
The two were given the death penalty more than two decades ago over the kidnapping and murder of a businessman surnamed Huang (黃) in 1995.
As for the remaining 35 prisoners, the office said it would examine each of their cases before determining its next step.
The Code of Criminal Procedure (刑事訴訟法) says that the head prosecutor can also file for an extraordinary appeal — a special procedure intended to correct “improper judgments” — if a punishment imposed on an individual is considered to be “against the law.”
The Supreme Court, upon reviewing an extraordinary appeal for a case, can revoke parts or all of the judgments and either remit the case to the original court for re-examination or issue a new ruling, according to the extraordinary appeal system.
Four factors led to the declaration of a typhoon day and the cancelation of classes yesterday, Taipei Mayor Chiang Wan-an (蔣萬安) said. Work and classes were canceled across Taiwan yesterday as Typhoon Krathon was forecast to make landfall in the southern part of the country. However, northern Taiwan had only heavy winds during the day and rain in the evening, leading some to criticize the cancelation. Speaking at a Taipei City Council meeting yesterday, Chiang said the decision was made due to the possibility of landslides and other problems in mountainous areas, the need to avoid a potentially dangerous commute for those
Typhoon Krathon, a military airshow and rehearsals for Double Ten National Day celebrations might disrupt flights at Taiwan Taoyuan International Airport in the first 10 days of next month, the airport’s operator said yesterday. Taoyuan International Airport Corp said in a statement that it has established a response center after the Central Weather Administration issued a sea warning for Krathon, and urged passengers to remain alert to the possibility of disruptions caused by the storm in the coming days. Flight schedules might also change while the air force conducts rehearsals and holds a final airshow for Double Ten National Day, it added. Although
SEMICONDUCTORS: TSMC is able to produce 2-nanometer chips and mass production is expected to be launched by next year, the company said In leading-edge semiconductor manufacturing China is behind Taiwan Semiconductor Manufacturing Co (TSMC) by at least 10 years as the Taiwanese chipmaker’s manufacturing process has progressed to 2 nanometers, National Science and Technology Council (NSTC) Minister Wu Cheng-wen (吳誠文) said yesterday. Wu made the remarks during a meeting of the Legislative Yuan’s Education and Culture Committee when asked by Democratic Progressive Party Legislator Wu Pei-yi (吳沛憶) about a report published in August by the Chinese version of Nikkei Asia that said Taiwan’s lead over China in chip manufacturing was only three years. She asked Wu Cheng-wen if the report was an accurate
PRO-CHINA SLOGANS: Two DPP members criticized police officers’ lack of action at the scene, saying that law enforcement authorities should investigate the incident Chinese tourists allegedly interrupted a protest in Taipei on Tuesday held by Hong Kongers, knocked down several flags and shouted: “Taiwan and Hong Kong belong to China.” Hong Kong democracy activists were holding a demonstration as Tuesday was China’s National Day. A video posted online by civic group Hong Kong Outlanders shows a couple, who are allegedly Chinese, during the demonstration. “Today is China’s National Day, and I won’t allow the displaying of these flags,” the male yells in the video before pushing some demonstrators and knocking down a few flagpoles. Radio Free Asia reported that some of the demonstrators
RSS