Lawmakers on Tuesday passed amendments to the Criminal Code that add a new chapter on obstruction of justice, introducing offenses such as witness tampering and influence peddling.
The amendments were proposed by the Taiwan People’s Party (TPP). Party Chairman Huang Kuo-chang (黃國昌) said they stemmed from resolutions adopted at the 2017 National Conference on Judicial Reform.
Lawmakers from the Chinese Nationalist Party (KMT) also submitted related bills. The version passed was a consolidated draft backed by the KMT and the TPP.
Photo: Hsieh Chun-ling, Taipei Times
The Democratic Progressive Party (DPP) only agreed to the chapter title during interparty talks before the bills advanced to a third reading.
The new chapter includes provisions banning bribery involving witnesses, expert witnesses and interpreters, as well as criminal witness tampering and trading in influence to sway decisions by prosecutors or judges.
Bribery — including offering, soliciting or accepting payment — is punishable by up to three years in prison and a fine of up to NT$300,000 (US$9,906).
Witness tampering involving criminal activity can result in heavier penalties — up to half the maximum sentence for the related offense.
Trading in influence — using one’s position, connections, or access to power to sway the decisions of public officials — now carries a prison term of up to five years and a fine of NT$500,000.
Judges or prosecutors who accept such influence face one to seven years in prison and a NT$1 million fine.
Lawmakers also revised Article 161 to increase the maximum sentence for escaping custody from one to three years. If the escape causes damage to facilities or tools such as handcuffs or locks, the sentence increases to seven years.
Article 161-1 stipulates that it is a crime to abscond after being released on bail or other conditions, with a potential prison term of up to three years.
Huang said in a Facebook post on Tuesday that opposition parties passed the legislation 2,831 days after the 2017 judicial reform conference ended, accusing the DPP of dragging its feet on overhauling the system.
However, DPP legislators Puma Shen (沈伯洋) and Chung Chia-pin (鍾佳濱) expressed concern that the amendment does not explicitly include “exerting pressure” as a form of influence peddling.
In response, KMT lawmaker and former prosecutor Wu Tsung-hsien (吳宗憲) argued that while trading in influence is well-defined in Taiwanese law with significant legal precedent, “exerting pressure” lacks such clarity.
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