The Ministry of National Defense (MND) has proposed amendments to the Criminal Code of the Armed Forces (陸海空軍刑法) to stiffen punishment for active-duty service members who swear allegiance to China.
The move came after a high-profile espionage case, in which former army colonel Hsiang Te-en (向德恩) was accused of signing a document of surrender with the Chinese Communist Party (CCP), posing with the document in uniform and pledging assistance to the best of his abilities in the event of an invasion.
Hsiang, who was found guilty of accepting money in return for declaring his allegiance to China, was sentenced to seven years and ssix months in prison. His appeal was rejected by the Supreme Court in 2023.
Photo: Copied by Huang Chia-lin, Taipei Times
In a report submitted to a legislative hearing, the MND said that the proposed amendments to Article 24 of the Criminal Code of the Armed Forces are intended to deter and punish such behavior, safeguarding national security and military interests.
The proposed amendments stipulate that active-duty military personnel who swear allegiance to an enemy, whether verbally or through other means, would face imprisonment of one to seven years.
Penalties for those who fail in their duties and defect to the enemy would be increased to three to 10 years, according to the draft.
The draft also introduces punishments for preparatory acts and conspiracy — aiming to strengthen legal provisions governing breaches of military loyalty and enhance deterrence against infiltration by hostile forces.
Under Article 138 of the Constitution and Article 5 of the National Defense Act (國防法), active-duty military personnel are obligated to fulfill their duties and ensure national security, the MND said.
The MND said that individuals recruited into hostile organizations might engage in espionage, leaks of classified information or other coordinated activities to achieve specific objectives, posing significant threats to national security and social stability.
The MND expressed support for proposed amendments to the National Security Act (國家安全法) to criminalize participation in organizations linked to foreign or external hostile forces.
The draft amendments say that military officers and non-commissioned officers convicted of offenses listed under Article 13-1 of the National Security Act during active service or reserve service would be ineligible for retirement benefits.
Those convicted after discharge would lose their entitlement and any benefits already received would be subject to recovery, the draft says.
The Ministry of Civil Service, in its report, said that for civil servants who violate their duties or loyalty obligations — such as by committing offenses listed under Article 13 of the act — it is reasonable to deprive them of their pension.
The Ministry of Justice, in its report, said that recent national security cases have involved active-duty personnel swearing allegiance to enemy forces, forswearing their duty to uphold national security and loyalty to the state.
There is a need for a more comprehensive legal framework and stricter regulations to address such conduct, as acts such as pledging allegiance to hostile forces via video recordings or signing non-resistance pledges could expose loopholes in the legal code, the MND said, adding the Executive Yuan has proposed amendments to the Criminal Code of the Armed Forces.
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