In Taiwan, the trial results of major criminal cases often arouse heated public opinion . The most common criticism is that judges let murderers "exempt from the death penalty" on the grounds of "possibility of enlightenment" and other reasons . What is the standard for the death penalty in Taiwan? Is it all up to the judge? Today, let's take a look at the homicide lawsuits that reversed from the "death penalty" to "life imprisonment" in 2017 and see how the judges in Taiwan sentenced these major criminal cases . Hiho~ Hello everyone, I am Zhiqi! In Taiwanese social news, it is often seen that a murderer who committed a major murder was sentenced to death and later changed to other sentences, which caused social uproar . For example, in the "Hong Dangxing case" in 2017, the defendant Hong Dangxing was in Tainan Driving in front of the district court and killing his wife and his wife's lawyer . This is the first time in the history of Taiwan that a lawyer was killed openly at the gate of the court . Therefore, this case not only shocked the society , but also attracted great attention from the judiciary. Hong Dangxing, who was sentenced to death in Zhongdu, was later commuted to "life imprisonment" . The result of "reversing death" made many people question the judiciary . Under the relevant news, many netizens criticized the "dinosaur judge" "Indulging criminals , how did the judge decide the case?" Why is it that a murderer who is clearly proven guilty and committed a brutal murder is not sentenced to death in the end ? [Hong Dangxing Case: What happened? 】 According to court records, Hong Dangxing has been at odds with his wife for many years and has a record of domestic violence . After he lost his job in 2015, he separated from his wife and raised their two minor children alone . So in 2017, Hong Dangxing filed for divorce. I made an appointment with my wife for mediation in the Tainan District Court. My wife attended the meeting with a lawyer that day . The two parties have not reached a consensus on the custody of the child, but finally reached an agreement on divorce and property distribution . After the mediation, Hong Dangxing drove a car, When he was about to leave the court, he saw his wife and the lawyer talking on the side of the road ahead , so he stepped on the accelerator and accelerated. The car hit the two people directly from behind and ran over them. Although Hong Dangxing stopped and immediately called an ambulance , the two were sent to the hospital. In the first and second trials of this case, Hong Dangxing was sentenced to death . However, after the Supreme Court remanded him for a new trial, the judge of the first trial changed his sentence to life imprisonment. Some people think that the judge's "light sentence" may not only encourage crime, but also be very unfair to the victim and the bereaved family . Some people think that such a sentence of death and life at once shows that there is no standard for death sentences in Taiwan. It’s all the free testimony of the judge . In this case, no matter what stage of the trial it is, it is actually determined that Hong Dangxing “intentionally” caused the death of another person and violated Article 271 of the Criminal Law. Death penalty, life imprisonment , or fixed-term imprisonment of more than ten years As for the specific degree of punishment to be imposed, it is up to the judge to decide . So, next, we will take a look at how judges at different stages determine the punishment based on the same crime .【 First and second instance judgments: why the death penalty? 】 In the verdicts of the first and second instance, the basis for the judge to impose the death penalty has two main points . The first is the motive of the crime. The verdict describes that although Hong Dangxing was facing pressure from unemployment, marriage on the rocks, and raising children alone , these pressures, It did not obviously exceed the "level that ordinary people can bear" and at the time of the incident, he was not stimulated by external factors . Just because he was dissatisfied with his past married life and the process of divorce negotiation, he killed his wife and had sex with other people. The acquainted lawyer ’s willful and unreasonable deprivation of other people’s lives is entirely due to Hong Dangxing’s “personal factors”, so he has to bear full responsibility. The murderer was committed in a cold-blooded and brutal manner, causing the victim to suffer great pain before death , causing the victim's family members to lose their loved ones , causing panic and anxiety in the lawyer profession, and seriously endangering social order . Based on these considerations , the judge judged: Hong Dangxing's crimes are so serious that there is no need to consider the possibility of enlightenment . Based on social justice, there is no other punishment to choose, so he was sentenced to death . However, compared with the first and second instance judges who mainly focused on the "crime itself" to judge the case , the judges of the first instance were more serious. Focus on "people" , including Hong Dangxing's attitude after committing the crime, the cause of the crime , and the opinions of the people involved in the case [More first-instance verdict: Why was the sentence changed to life imprisonment? 】 In 2020 , after the Supreme Court remanded for a new trial , the first-instance court revoked the original judgment and changed the sentence to life imprisonment . After the incident, Hong Dangxing called to report the crime immediately. After the police arrived at the scene, he also voluntarily disclosed his crime and motive , which met the requirements of "surrender", so his sentence was reduced. In addition , the judgment also mentioned that the judge also considered Hong Dangxing. The basis for considering the "causes of crime" and his children's "best interests of children" is the "pre-sentencing social investigation" commissioned by a special team before the sentence . First, they reconstructed Hong Dang The results of Xing’s life experience before committing a crime showed that Hong Dangxing did not have an anti-social and violent personality . In the eyes of his relatives and friends, he was a father who worked hard to support his family and cared for his children. During the two-year separation from his wife , he also spent a lot of time taking care of and accompanying his children. However , under the influence of family education, his introverted and depressed personality led to long-term communication barriers between him and his wife. In the short term, he also faced the frustration and pressure of unemployment, separation, and raising children alone . In addition, he was eager to fight for child custody on the day of the incident . When his wife showed up with a lawyer and felt threatened , the unresolved emotions accumulated to the critical point , causing him to kill impulsively, and he felt very remorseful and remorseful after committing the crime. In addition , the team also spent several months listening to the voices of Hong Dangxing's children Both children said that they thought their father had made a mistake and had to pay the price, but it would be difficult to accept that their father was "absent". They had already lost their mother and did not want to lose their father again. They only hoped that one day they could live with their father again This is the first time in a death penalty case in Taiwan that the voices of the defendant’s children were included in the verdict . It was also the first case where the “social investigation before sentencing” was carried out. In the end, the judge judged that Hong Dangxing’s sentence was commuted to life imprisonment because he surrendered himself. Afterwards , the best interests of the children can be satisfied . Taking all considerations into consideration, it is believed that the sentence should not be lowered, so the sentence of life imprisonment and deprivation of public rights for life is announced. Although the verdict of "reverse death" has been strongly criticized by public opinion, but this The verdict reflects the trend of death penalty sentencing in Taiwan in recent years [Taiwanese judges decide whether to sentence death, what are they considering? ] In 2009, the Legislative Yuan passed the implementation laws of the two international conventions, which stipulated that in countries that have not abolished the death penalty , the death penalty cannot be imposed unless it is the most serious crime. In addition , any judgment of the court cannot violate the content of the convention . In Taiwan The practical approach is that the defendant must be "intentional homicide" and the court must consider all the "possibility of commutation" and there is really no room for revision before the death penalty can be imposed . The reason for this rule is that the death penalty is "direct The irreversible penalty of "deprivation of the right to life" is also the most serious penalty in modern criminal law, so it must be restricted by the strictest standards and include various elements as much as possible to make a judgment . If the investigation finds that the son took care of his sick mother alone for many years and killed him because he could not continue to bear the pressure, the judge will probably consider his situation and try to reduce his sentence . methods of psychiatry, etc. To judge whether the defendant will re-offend in the future and whether it is possible to change his life. However , this approach is difficult in practice because it is difficult for neither psychiatrists nor judges to really use the current identification to "predict the future" . Therefore, In recent years, the judiciary has put more emphasis on "sentencing consideration". Specifically , it is based on "the defendant's criminal motives, methods , and his living conditions and conduct", etc. These are listed in Article 57 of the Criminal Law. The listed sentencing elements should be examined one by one and carefully considered for each element before deciding on the sentence . The key point of this is that the court presents the defendant as a "living social person" rather than an "isolated criminal". By going back to his "past" to explore the deeper structural reasons behind the crime , so that the discretion of the penalty can be as proportional as possible. Therefore, in recent years, more and more major criminal judgments have spent more space describing the defendant In 2021, the Judicial Yuan also issued the "Manual of Pre-trial Investigation and Evaluation of Major High-Profile Cases", hoping that judges in charge of such major cases will conduct a "comprehensive appraisal investigation" before sentencing to review and construct the life history of the individual case as a basis for deciding the sentence. Of course , the current sentencing trend of "investigating and retrospecting the defendant's past" still has many controversies and doubts [What about the situation of the victim's family? 】 One of the biggest doubts about the sentencing of major homicides in Taiwan is that the "victim's family" has not been taken care of . Traditional judicial trials, because they often focus on "conviction and punishment", are conducted with the "defendant" as the core. Family members are excluded from many litigation processes. Many questions cannot be answered, and there are few opportunities to express them. In the case of Hong Dangxing, the "pre-trial investigation" model has not completely resolved this problem, and even There are other doubts. Although the court of first instance tried to restore the underlying reasons behind the crime through long-term and in-depth investigations, it also tried to let the families of the victims express their feelings and talk about the trauma to open up the possibility of dialogue, understanding, and even repair. However , the special features of this case The two minors who need special consideration are both the children of the victim and the children of the perpetrator . Therefore , when the judgment presents the situation of Hong Dangxing and the children in a large amount of space, it will cause doubts . More "care" for the defendant. In addition , the widow of the murdered lawyer could not be interviewed because she was too hurt. According to the citation in the verdict , she believed that the pain of losing her husband "will be carried with her until she dies . " It may be another kind of torture because "it's useless to talk to anyone." Many people think that this result shows that there are still many problems and limitations in achieving understanding and restoration through this method. There are even social workers who participated in the investigation of this case The teacher said that even if the investigation opened up an opportunity for dialogue and restoration , Taiwan still lacks relevant supporting measures to provide follow-up resources and support for the survivors of these victims . All kinds of contradictions and disputes may be considered by judges when sentencing at this stage. And these trade-offs are well-balanced. Even many judges admit that they are difficult and struggling . So, if you were a judge, do you know how to make trade-offs? [In exchange for you to judge? The civil judge system is on the way! 】 This year , the "Civil Judge Law" is officially on the road Waiting for "justified reasons" to refuse. At present , the first case tried by a national judge is also in progress, and the trial is a murder case . That is to say , in the future , most of us may face the "judgment". The choice of "life and death" But this is not an easy topic for professional judges, how should ordinary people deal with it? Just imagine, if you are responsible for judging whether the "defendant" in front of you has committed a crime today, and if so, is the crime he committed heinous or pitiful? Is the death penalty must be imposed , or can life imprisonment or even fixed-term imprisonment be considered? At the same time, what you have to face is if the sentence of death is not imposed, what will happen to the victim's family? What will public opinion think? And if it is sentenced to death, will it really help society as a whole? Will it be later discovered that he was unjustly imprisoned or that the circumstances are actually justifiable? So recently, "General Knowledge" and the well-known criminal lawyer "Huang Zhihao" jointly launched the course "Guide to the Survival of National Judges", which will fully answer "What should I do after being selected as a national judge" from the three aspects of system, practice, and psychological science? " Whether you are a person who has been selected as a "national judge" or someone who is interested in the judicial system, you can learn from this course the practical concepts and coping skills needed to be a "national judge" Now There is also a "super early bird discount" for registration, less than 72 hours left! In addition, enter Zhiqi Qiqi limited discount code "shasha77", you can also get a 100 yuan discount again! If you are interested, please click on the link in the information column to learn more about the "Guide to the Survival of National Judges" [Our Viewpoint] In this case, whether it is the first trial of the death penalty or the new trial of life imprisonment , the contents of their judgments are very, very accurate. It is long and the content is very detailed . The length and content of the judgment represent how many aspects have been considered behind the judgment. This is why we think this case is worthy of being known by more people. The complexity behind the pile of crimes also shows how difficult it is for judges to determine the sentencing of major criminal cases, and how many things have to be considered and traded off . The length of the article is still limited , and it only lasts about ten minutes. It must still need to be simplified , and in the process of simplification, part of the context will definitely be lost . It is impossible to fully present all the complex aspects of this case . However, we still I hope that through this sorting out, at least people who are not familiar with this issue can have a preliminary understanding and understanding . This is not only because you and I may become civil judges in the future and participate in the trial of such criminal cases , but also because of us. I feel that if the public pays attention to, monitors , and even brainstorms , there will be more opportunities to improve Taiwan’s judicial system. Therefore , we also recommend that everyone who is interested in learning more about this case or the issue of death penalty sentencing can also visit us. The reference materials listed in the information column! Finally, I would like to ask everyone. Finally , if you like today's video, please share it to let more people know about the "Hong Dangxing Case"! In addition, you can also click here to see the discussion on "National Judge System" and "The Weng Renxian Case and the Death Penalty". So , today's Zhiqi Qiqi will come to an end here and we will see you tomorrow night~
