Ming Chuan University Department of Criminal Justice

Teacher Wang, Po-Chii was interviewed by Lianhe Daily: Scholars: should think about "prevention" of long-term killing	2023/2/12

Scholars: We should think about "prevention" of long-term killing 2023-02-12 05:18:32 United Daily/reporter Lin Mengjie, Wang Shengzhi, Xiao Baixue/Taipei The Ministry of Justice has proposed three directions for the amendment of the law, namely, "homicide in the long term", to provide prosecutors and judges with greater discretion and solve the problem of excessive punishment by relaxing the suspension of sentence, postponing prosecution or formulating independent provisions. Scholars pointed out that it is good to amend the law, but commutation of sentence is the last resort. How to "prevent" long term killing is the issue that the government should consider across departments. LIN,CHUN-HUNG, a lawyer, believes that it is reasonable and feasible to relax the conditions of probation. In addition, with the current "check" of surrender and compassion in the criminal law, it should not have the effect of excessive relaxation; If the conditions for postponement of prosecution are relaxed, the "open door will be larger" and the impact will be wide, depending on whether the outside world can accept it. However, lawyer FAN,CHEN-CHUNG believes that relaxing the elements of postponement of prosecution can more effectively meet the needs of the defendants in long-shot homicide cases. Because most of the defendants are elderly and mentally ill, the longer the case is, the more painful it will be for the defendants. "Late humanitarian care is not real care.". He once entrusted the defendant in the case of murder to be prosecuted by the prosecutor and tried by the court in the third instance, and finally sentenced him to a sentence of two years and six months. However, the defendant died the day before he was imprisoned, and suffered for many years in exchange for a lighter sentence, but it was not beneficial. FAN,CHEN-CHUNG said that long-shot homicide is a problem that Taiwan will inevitably encounter when it enters the silver-haired and elderly society. In addition to amending the criminal law and the criminal procedure law, relevant supporting laws and regulations should also be reviewed and revised. Lawyer CHEN,CHANG-WEN suggested that the conditions for suspension of sentence and suspension of prosecution should be relaxed at the same time, so that the defendant who may be ignored by the prosecution could have the opportunity to obtain suspension of sentence in the court. LIN,CHUN-HUNG said that the investigation and trial process is a torture for the perpetrators of Changzhao homicide, and they must reflect on their painful decision at present. If the future amendment of the law does not reduce the legal penalty, it is still a serious crime for more than 10 years. According to the current regulations, it must be handed over to the national judge's court, and it must find the procedure supervisor, expert, etc. The trial time is prolonged, which is another torture for the defendant. As for the addition of the "long-shot homicide" in the homicide chapter, compared with the crime of righteous indignation homicide, a lighter punishment is imposed on those who kill because of "compelling reasons", Lin Junhong pointed out that "compelling reasons" is an unclear legal concept, which is difficult to operate in practice, because the concept of legal requirements is vague, and the requirements are not clear enough. Some judges also pointed out that people who care for long-term patients may not necessarily have a kinship relationship with the patients, and cohabitants and even friends in distress may also have criminal problems due to the pressure of long-term care. How to formulate the constitutive requirements of the criminal subject of "long-term killing" is a big dispute; How long does it take to take care of? It is not easy to reach consensus. Wang, Po-Chi an associate professor of the Department of Criminal Justice of Ming Chuan University, pointed out that since 2009, there have been about 100 cases of homicide, and it is feasible to amend the law so that judges and prosecutors have more discretion, but the legal text has to be puzzled by the Legal Department. He also pointed out that amending the law to reduce the penalty of the accused of long-shot homicide was the last step, after all. No one wanted to see the "sad song of long-shot homicide". The government should raise the level of long-shot homicide to the Executive Yuan, and make a trend analysis of the case, explore the link between the length of care and the crime, and who is the high-risk group. Only by looking into the past can we "prevent" the occurrence of long-shot homicide.

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