Lawmakers today passed a preliminary review of partial amendments that would expand the scope of offenses subject to preventive detention.
The draft amendments to Article 101-1 of the Code of Criminal Procedure (刑事訴訟法) would include offenses such as dangerous driving, killing infants, offenses related to sexual images, offenses against personal liberty under Article 302-1 of the Criminal Code and crimes covered by the Fraud Crime Hazard Prevention Act (詐欺犯罪危害防制條例).
The Legislative Yuan’s Judiciary and Organic Laws Committee today discussed preventive detention amendments proposed by Democratic Progressive Party Legislator Chen Pei-yu (陳培瑜), Chinese Nationalist Party Legislator Wu Tsung-hsien (吳宗憲) and the Taiwan People’s Party (TPP) caucus.
Photo: Taipei Times file photo
At present, it is necessary to detain the accused if they are strongly suspected of having committed certain serious offenses, including forced sexual intercourse, murder and causing injury, after being examined by a judge and when there are facts sufficient to justify a view that the accused could repeat the same offense.
Citing a steady rise over the past few years in cases involving the reproduction, distribution and possession of images that sexually exploit children, Chen’s proposed version of the amendments said that the changes are intended to curb the problem and better protect the welfare of children and adolescents.
Wu’s amendments cited the prevalence of syndicated fraud, along with worsening issues involving sexual privacy violations, the sexual exploitation of children and organized crime, saying that such crimes pose significant social harm and have high repeat offense rates.
It is therefore necessary to expand the scope of offenses subject to preventive detention to protect potential victims and ensure smooth investigations, Wu’s amendments say.
The TPP’s version also said that fraud, offenses involving sexual images of children and organized crime have become increasingly severe in the past few years, and that such crimes pose significant social harm and show high rates of recidivism, justifying their inclusion as grounds for preventive detention.
During the committee meeting, the Judicial Yuan expressed support for the amendments and proposed an integrated draft incorporating the legislators' versions.
After discussion and the adoption of motions of further revisions proposed by attending legislators, the committee approved the amendments, which do not require cross-party caucus negotiations.
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