Taiwan passes harsher penalties for abusing children leading to death

Taipei, July 18 (CNA) Taiwan's Legislative Yuan on Friday passed amendments to the Criminal Code, including a provision allowing the death penalty for those who abuse a child under the age of 7 in a way that results in death.

The amendments include changes to Article 271 of the Criminal Code, adding a provision that stipulates the penalty for killing a child under the age of 7 may be increased by up to one half.

In cases where abuse leads to the death of a child under the age of 7, offenders may face the death penalty or life imprisonment.

Previously, Article 271 did not specify an age threshold. It stated that "a person who takes the life of another shall be sentenced to death, life imprisonment, or imprisonment for not less than 10 years."

The Ministry of Justice previously said the law provides the death penalty as the maximum sentence for "intentionally" abusing and killing children.

However, the Judicial Yuan said in a written report that the offense of abusing a young child to death is a "result-aggravated crime," not one committed with direct intent.

The issue of child abuse has been in the spotlight in Taiwan in recent months, following the high-profile death of Kai Kai (剴剴), a one-year-old boy who was tortured to death by two nannies surnamed Liu (劉). In May, they were sentenced to life imprisonment and 18 years, respectively.

Meanwhile, the amendments passed on Friday also include revisions to Article 286, allowing the death penalty, life imprisonment, or a prison term of more than 10 years for those who mistreat a child under the age of 7 or harm their physical or mental development, resulting in death.

In cases where such offenses result in serious injury, the perpetrator is subject to a minimum prison sentence of 10 years.

Prior to the amendments, Article 286 only stipulated that those who maltreat a minor under the age of 18 or harm their mental or physical health or development thereof by other means may be sentenced to imprisonment of up to five years.

Paragraph 2 of the article stipulates that those who intend to make a profit by committing an offense described in the previous paragraph may be sentenced to imprisonment of at least five years and/or fined up to NT$3 million (US$102,000).

Under the newly-passed amendments, Paragraph 2 was revised to impose the death penalty, life imprisonment, or at least 12 years in prison for those who profit from offenses against children under the age of 7 that result in death.

Regarding older children, the revised article includes a provision stating that individuals who mistreat a child aged 7 to 17 in a way that harms their physical or mental health and results in death could face the death penalty, life imprisonment, or a prison term of more than 10 years.