Fri Sep 20 11:45:53 UTC 2024: ## Taiwan’s Constitutional Court Upholds Death Penalty, But Limits Its Application

**Taipei, Taiwan** – The Taiwan Constitutional Court has ruled in favor of retaining the death penalty, but with significant limitations, sparking reactions from both sides of the debate.

The court’s decision on Friday follows a case brought by 37 inmates currently on death row, who challenged the constitutionality of capital punishment. While the court ultimately upheld the death penalty, it declared that its application should be “limited to special and exceptional circumstances.”

Chief Justice Hsu Tzong-li emphasized the severity and irreversibility of capital punishment, stressing the need for stringent scrutiny throughout the process, from investigation to execution. The ruling also explicitly prohibits the death penalty for defendants with mental conditions, acknowledging that such individuals may not possess the competency to be executed.

The court’s decision did not address the constitutionality of the death penalty in general, leaving open the possibility of future challenges related to other offenses where it is currently permitted.

Presidential spokeswoman Karen Kuo hailed the ruling as a significant milestone for Taiwan’s judiciary, expressing hope for the amendment of relevant regulations to ensure procedural justice and human rights.

However, anti-death penalty advocates expressed regret over the court’s decision. Lin Yong-song, a lawyer with the Judicial Reform Foundation, highlighted the declining crime rates despite relatively few executions in recent years, suggesting that capital punishment may not be the deterrent it is often perceived to be.

Despite the court’s decision, public opinion in Taiwan remains largely supportive of the death penalty, with an 80% approval rating according to a recent survey.

While Taiwan is known for its progressive stance on social issues, its adherence to the death penalty reflects a lingering influence of Confucian values that historically emphasized revenge as a form of justice.

The decision marks a significant step in Taiwan’s ongoing debate over capital punishment, and further legal challenges and public discourse are expected.

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