An initial review of amendments to allow candidates with a deferred sentence to participate in elections passed the Legislative Yuan’s Internal Administration Committee, but would require cross-caucus discussions before the issue could be discussed during the legislative session.
Democratic Progressive Party (DPP) Legislator Lin Shu-fen (林淑芬) said Article 26 of the Civil Servants Election and Recall Act (公職人員選舉罷免法) prevents such people from registering as candidates, but does not make a distinction about the severity of the offense or whether they need to serve prison time.
Article 26 states that people found guilty of sedition or offenses under the Anti-Corruption Act (貪污治罪條例), the Organized Crime Prevention Act (組織犯罪防制條例), the National Security Act (國家安全法) or the Narcotics Hazard Prevention Act (毒品危害防制條例) cannot register as a candidate for elections.
Photo: CNA
Those found guilty, but whose sentences were deferred, are also barred from registering.
The lack of distinctions means that people whose crimes were not related to gun smuggling, narcotics use or sales, economic crimes and organized crimes, and who have had their sentences deferred, would experience “greater” restrictions than those who were found guilty of breaking the law and fined, Lin said.
A proposal by Chinese Nationalist Party (KMT) Legislator Chen Yu-jen (陳玉珍) states that the law does not discriminate between minor or severe offenses and runs contrary to the judiciary’s intent of encouraging rehabilitation, and risked contravening the principle of proportionality under the Constitution.
The Taiwan People’s Party (TPP) said that fines, communal service and deferred sentences were alternative punishments for those with minor offenses, and people who have not yet served their sentence or those whose obligation to serve has already been obviated should not have their right to participate in elections removed.
KMT and DPP legislators in the committee agreed to add a clause that states: “Those who have had their sentences deferred are not included,” while TPP Legislator Hsu Chung-hsin (許忠信) said the clause should read: “Those whose sentences have been deferred, or whose sentences have been commuted, should not be included.”
Committee convener and KMT Legislator Liao Hsien-hsiang (廖先翔) said that the phrasing should be left as is until cross-caucus discussions yield a result.
The committee also passed an amendment to Article 26 of the President and Vice President Election and Recall Act (總統副總統選舉罷免法) that states that those convicted of contravening the Fraud Crime Hazard Prevention Act (詐欺犯罪危害防制條例) cannot register as an election candidate.
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