Nationalist Government Era (2022.1.1～2022.12.31)

• Publication Date： 2024-01-12
• Last updated：2024-04-15
• View count：26

Year	Date	Events
2022	01/28	The frequent occurrence of severe drunk driving accidents which endanger the lives of the offenders and other law-abiding drivers and cause damage to property poses an immense danger to society and has resulted in widespread calls for harsher penalties. As a result, the punishments for drunk driving prescribed under Article 185-3 of the Criminal Code were stiffened, with fines for offenders causing aggravated results and repeat offenders added on January 28, 2022. The sentencing timelines for the punishment of repeat offenders was also extended, so that a person who has been found guilty of drunk driving who commits the offense again within 10 years, resulting in death or injury of another person, now faces harsher penalties. The goal is to maintain public safety by ensuring that drunk driving is severely punished. The punishments for drunk driving set out in Article 54 of the Criminal Code of the Armed Forces were also made harsher, with similar punishments added for offenders causing aggravated results and repeat offenders.
	02/18	The Code of Criminal Procedure was amended on February 18, 2022 with the addition of Chapter X-I titled “Temporary Placement” and relevant provisions to Article 121-1. This amendment allows the adoption of required and appropriate measures where a suspect or the accused has a mental disorder or other mental deficiency and no detention measures were adopted prior to the final verdict, but where he or she is strongly suspected of having committed the offense and poses a danger to public safety, thereby presenting an urgent need for such measures. These suspects may be ordered to be temporarily placed in a mental hospital or other appropriate institution.
	02/18	The Rehabilitative Disposition Execution Act was amended on February 18, 2022 to add relevant provisions to Articles 46-1 and 46-3, delete Article 47, and amend Articles 46 and 71. The primary purpose of this amendment was to allow for differential treatment of imprisoned individuals in line with individual circumstances and the flexible adjustment of custodial disposition in line with medical treatment, care, or guidance conditions. This represents a major change in the implementation of custodial disposition. During the implementation period for custodial disposition, the prosecutor shall regularly refer the imprisoned individual to an evaluation team for assessment as to whether or not the implementation should be continued. With regard to changes to implementation methods or extension and/or remission of implementation, the prosecutor may consider the evaluation of the aforementioned team and solicit the opinions of medical professionals. Prior to expiration of the period of custodial disposition, the prosecutor’s office must also convene a transition meeting to transfer the individual to the competent local health, police, social welfare, education or labor authorities. Such authorities shall, according to their powers and responsibilities, provide medical care, employment, schooling, home care, therapy, counseling, and other community care services to ensure their safe reintegration into society.
	03/10	The Crime Victim Protection Act was formulated over 23 years ago in 1998. Based on an emphasis on the rights and needs of victims and their families as well as determined efforts to enhance judicial protection, the Ministry of Justice has now compiled examples of legislation from other countries and solicited recommendations from all circles of society for a large-scale revision of this Act. Existing provisions regarding compensation and protection have been amended so as to emphasize human dignity and victims’ rights, and the name of the law has been changed to the Crime Victim Rights Protection Act. Marking a major adjustment to the system in place for the protection of victims of crimes in Taiwan, the draft amendment was reviewed and ratified by the Executive Yuan on March 10, 2022, and submitted to the Legislative Yuan for review and deliberation. The purpose of this amendment may be summarized as follows: (i) to increase the effectiveness of crime victim protection through supervision at the Executive Yuan level; (ii) to clearly define cross-ministerial powers and responsibilities and establish a service network; (iii) to include a new chapter on protection services in order to optimize relevant services; (iv) to clearly provide for an assistance mechanism for court proceedings; (v) to strengthen personal safety protection for victims of crimes; (vi) to prescribe basic restorative justice principles; (vii) to provide for comprehensive adjustment of the nature of compensation and the compensation system for victims of crimes; and (viii) to increase the professionalization and transparency of protection organizations. It is worth noting that crime victim compensation, which is an issue of major concern to society, has been redefined to be administered and paid out as a social welfare subsidy, and that government is no longer forced to exercise its subrogation right against the perpetrator or deduct compensation for damages or other legally mandated payments.
	05/18	Mr. Hsing Tai-Chao took over as Prosecutor-General of the Supreme Prosecutors Office.
	05/20	Mr. Chang Tou-Hui took over as Chief Prosecutor of the Taiwan High Prosecutors Office.
	06/08	With a view to protecting the competitiveness of domestic high-tech industries and the national economic interest, and preventing the infringement of trade secrets pertaining to national core key technologies by Mainland China, Hong Kong, Macau, and other foreign countries, foreign hostile forces, and various organizations, institutions, or groups established or substantially controlled by them or the persons dispatched by such organizations, the National Security Act was amended on June 8, 2022 by adding the crimes of economic espionage and extraterritorial use of trade secrets pertaining to national core key technologies. The Intellectual Property and Commercial Court and Higher Court are clearly identified as the first-instance courts of jurisdiction for such cases. It is also clearly stipulated that courts may establish a professional tribunal or designate dedicated personnel to ensure the severe punishment of illegal acts and speedy trials, consolidate the competitive advantages of domestic industries, and ensure the comprehensive protection of national safety. This ratified amendment reinforces legal protections for high-technology industries, removes concerns associated with the research and development of corporate technologies, enhances the overall competitiveness of high-tech industries, and protects national security.