KMT insisting on caning, planning to propose bill

DISCORD: KMT lawmakers love caning, but would not use it for crimes such as offenses committed by legislators, major economic crimes or treason, a DPP lawmaker said

• By Hollie Younger / Staff writer, with CNA

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The Chinese Nationalist Party (KMT) plans to propose amendments to the Criminal Code to allow caning as a punishment for certain crimes, after a proposed caning referendum was vetoed by the Central Election Commission (CEC) last month, KMT Legislator Hung Meng-kai (洪孟楷) said yesterday.

The party is proposing between three and 12 strokes as punishment for serious crimes, including drug driving that results in death or serious injury, child abuse resulting in death or serious injury, aggravated sexual assault and large-scale fraud, Hung said.

The CEC reviewed the referendum proposal on caning on Aug. 28 and ruled that it did not meet the requirements of the Referendum Act (公民投票法).

Chinese Nationalist Party legislators Hung Meng-kai, left, and Hsu Yu-chen hold placards at a news conference at the Legislative Yuan in Taipei yesterday.

Photo: Lo Pei-de, Taipei Times

KMT caucus deputy secretary-general Hsu Yu-chen (許宇甄) and Hung held a news conference at the KMT caucus on their bill.

As the referendum was rejected, the party plans to submit the draft amendments to the legislature for discussion and review, Hung said.

Caning would only be used for the most serious crimes and be handed out by the courts on a case-by-case basis and under strict guidelines, he said.

Courts would consider the infringement of legally protected interests, the number of victims, the method of the offense, criminal proceeds, the perpetrator’s attitude after the crime and the risk of reoffending, he added.

The draft amendments would propose that caning be used as a punishment for large-scale fraud convictions with sentences of at least three years in prison and involving proceeds of at least NT$5 million (US$156,976) or at least three victims, he said.

The maximum would remain at 12 strokes even when multiple offenses are combined for sentencing, he said.

Caning would not be used on anyone younger than 18 at the time of the offense, or 65 or older, and doctors would first conduct assessments and issue a written opinion.

If a doctor determines that caning poses a serious health risk, it would be stopped immediately, he added.

If caning cannot be carried out, it would be replaced by a prison sentence.

Democratic Progressive Party caucus chief executive Chuang Jui-hsiung (莊瑞雄) said that KMT lawmakers “love caning,” but would not use it for crimes such as offenses committed by legislators, large-scale economic crimes or treason.

In cases of sexual assault, the priority should be providing assistance to victims and prevention of such crimes, rather than corporal punishment, Chuang said.

For aggravated fraud, focus should be placed on recovering victims’ losses and dismantling criminal organizations rather than assuming that caning would make criminal organizations disband or ensure that the money would be recovered, he added.