Proposals on harsher penalties for child abuse denied: Ministry

Taipei, May 18 (CNA) The Ministry of Justice (MOJ) on Friday said it has denied two petitions seeking increased penalties for child abuse, partly because they violate the principle of proportionality in sentencing.

The petitions, submitted via the government's public policy participation platform following the 2023 death of a 1-year-old boy in foster care due to alleged abuse, had garnered more than 130,000 signatures by March 16.

In its response by the May 16 deadline, the MOJ said it consulted with the Ministry of Health and Welfare and other agencies, and concluded that the petition proposals were not appropriate, but it did say it would consider suitable revisions to the law.

The first petition sought to add a clause to Article 271 of Taiwan's Criminal Code imposing at least a 30-year sentence or life imprisonment without parole for abuse causing the death of a child under 12, and the death penalty if evidence destruction was intended.

At present, Article 271 provides that a person who takes the life of another shall be sentenced to death or life imprisonment or no less than ten years in jail.

The MOJ said the second half of the petition, on if there was the destruction of evidence, contradicts current legal standards, which do not prescribe the death penalty as the sole punishment for any crime.

The ministry added that Article 165 of the law already provides for criminal liability for acts of evidence destruction.

Moreover, the ministry said suggesting a heavier penalty for abuse resulting in death than the current penalty for murder in Article 271 undermines what it called the proportionality of sentencing.

It also called the amendment redundant, noting that Article 286 of the law already allows life imprisonment for abuse causing death, and sentences for intentional crimes against children can be increased by up to half under the Child and Youth Welfare and Rights Protection Act.

The second petition sought a minimum 10-year sentence without parole and up to a NT$3 million fine for abusing those under 16, with harsher penalties -- 20 years in prison and up to NT$10 million fine -- if done for profit under Article 286 of the Criminal Code.

Currently, Article 286 punishes such offenses against minors under 18 with six months to five years in prison. If committed for profit, the sentence increases to a minimum of five years, with a fine of up to NT$3 million.

The MOJ objected to this petition on technical grounds rather than questioning the tougher sentencing guidelines.

It said the focus on victims "under the age of 16" could result in victims between 16 and 18 being excluded from protection, thereby creating a legal loophole.

Regarding the call to eliminate parole for these crimes, the ministry said any such change would require thorough review to ensure that victims' rights and public safety were protected.