Taiwan mulls death penalty for drunk driving, DUI

TAIWAN: Taiwan plans to ramp up punishments for those who cause a fatal accident while drink driving, including the death penalty for the most egregious cases, sparking an outcry from abolition and rights groups.

The cabinet on Thursday (Mar 28) approved a draft amendment to the Criminal Code that would make death by drink driving an indictable murder offence, potentially punishable by death if the deed is deemed "intentional", officials said.

The proposal needs parliamentary approval but comes after a spate of high profile deaths that have generated widespread outrage.

Currently the maximum sentence in Taiwan for causing a death while drink behind the wheel is 10 years.

The new proposal would increase jail sentences for repeat offenders who commit a new offence within five years of their first conviction.

They face up to a life sentence for causing a death and 12 years for grave injuries.

"Cases of drunk driving leading to death are rampant ... drink drivers recklessly caused accidents that took lives and destroyed families to result in irreparable regret," the Justice Ministry said in a statement.

In one notorious case in January, a 40-year-old man crashed his van into a taxi while driving intoxicated, killing three people and injuring three others including himself.

Very few countries employ the death penalty for drink driving cases.

China has previously vowed to execute those who have killed behind the wheel and some states in the United States retain capital punishment for such cases.

In 2014 a Texas man was indicted on "capital murder" after he ploughed his car into a crowd killing four people.

But in the end prosecutors did not seek the death penalty and he was sentenced to life imprisonment.

Several rights groups on Thursday, including the Taiwan Association for Human Rights, issued a joint statement criticising the proposed amendment and calling for "rational legislation for irrational drunk driving".

"There is a lack of evidence and research that seeking grave penalties and legislation would truly prevent drunk driving," the statement said.

Taiwan resumed capital punishment in 2010 after a five-year hiatus, despite ongoing calls from local and international rights groups for its abolition.

Various surveys over the years have shown support from the public for keeping the death penalty.

Taiwan executed a man who murdered his ex-wife and their daughter last September, the first execution carried out under President Tsai Ing-wen's government that took office in 2016.

Source: Agence France-Presse, Staff, March 28, 2019

Intentional homicide drunk drivers could face death penalty

Taipei, March 28 (CNA) The Executive Yuan approved a draft amendment to the Criminal Code at its weekly meeting Thursday, mandating that drunk drivers found guilty of intentional vehicular homicide could face capital punishment.

The draft stipulates that repeat drunk drivers who commit a similar offense within a five-year period that results in serious injury to another party, face a jail term of five to 12 years, and in the event the victim dies, seven years to life imprisonment.

The bill will be sent to the Legislative Yuan where they will be debated and passed before taking effect.

Citing Premier Su Tseng-chang (蘇貞昌), Executive Yuan spokesperson Kolas Yotaka (谷辣斯．尤達卡) said more severe punishments are being introduced for driving under the influence (DUI) because such behavior has resulted in the deaths of many innocent people and destroyed numerous families.

In response to the law amendments, several civic groups, including Covenants Watch, Taipei Bar Association and Taiwan Association for Human Rights, urged what they called "rational legislation," arguing that in practice, implementing harsher sentences could be problematic if they result in severe punishments for minor offenses.

According to Deputy Minister of Justice Tsai Pi-chung (蔡碧仲), based on Article 13 of the Criminal Code, a DUI driver convicted of deliberately killing a person he or she hit could potentially receive the death penalty -- something international conventions do not rule out.

Source: focustaiwan.tw, Wang Yang-yu, Ku-chuan and Flor Wang, March 28, 2019

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