The Ministry of Justice over the weekend said it has rejected two petitions seeking increased penalties for child abuse, partly because they contravene the principle of proportionality in sentencing.
The petitions, submitted via the government’s public policy participation platform following the 2023 death of a one-year-old boy in foster care due to alleged abuse, had garnered more than 130,000 signatures by March 16.
In its response before the Friday deadline, the ministry said it consulted with the Ministry of Health and Welfare and other agencies, and concluded that the petition proposals were not appropriate, but it would consider suitable revisions to the law.
Photo: CNA
The first petition sought to add a clause to Article 271 of the Criminal Code imposing at least a 30-year sentence or life imprisonment without parole for abuse causing the death of a child under the age of 12, and the death penalty if there was intention to destroy evidence.
At present, Article 271 provides that a person who takes the life of another shall be sentenced to death, life imprisonment or no less than 10 years in prison.
The justice ministry said the second half of the petition, regarding the destruction of evidence, contradicts current legal standards, which do not prescribe the death penalty as the sole punishment for any crime.
Article 165 of the law already provides for criminal liability for the destruction of evidence, it said.
A heavier penalty for abuse resulting in death than the current penalty for murder in Article 271 would undermine the proportionality of sentencing, the ministry said.
It also called the amendment redundant, saying that Article 286 already allows life imprisonment for abuse causing death, and sentences for intentional crimes against children can be increased by up to half under the Protection of Children and Youth Welfare and Rights Act (兒童及少年福利與權益保障法).
The second petition sought a minimum 10-year sentence without parole and up to a NT$3 million (US$99,430) fine for abusing those under the age of 16, with harsher penalties — 20 years in prison and a fine of up to NT$10 million — if done for profit under Article 286 of the Criminal Code.
Currently, Article 286 punishes such offenses against minors under the age of 18 with six months to five years in prison. If done for profit, the sentence increases to a minimum of five years, with a fine of up to NT$3 million.
The ministry objected to this petition on technical grounds rather than questioning the tougher sentencing guidelines.
It said the focus on victims “under the age of 16” could result in victims between 16 and 18 being excluded from protection, thereby creating a legal loophole.
Regarding the call to eliminate parole for these crimes, the ministry said any such change would require thorough review to ensure that victims’ rights and public safety were protected.
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