違憲,羈押,假釋

Seventeen life-sentenced prisoners are set to be released; the Minister of Justice hastened to quell the controversy. Lawyer Lee Yu-sheng explains the unconstitutionality of the old law revoking parole for life imprisonment and whether it can be justified under the legal framework of detention.


17 life-sentenced prisoners to be released; Minister of Justice rushes to quell the unrest | TVBS News reporter Yan Shengfen

News link:https://youtu.be/wZlmGnq3EvY?si=I3mnN0VDlvvyFJ51

During the caucus discussions on the draft amendment to the Criminal Code Enforcement Act, Minister of Justice Cheng Ming-chien stated that some of the amendments are in response to the Constitutional Court's ruling that "after the revocation of parole for life imprisonment, the sentence will be uniformly 20 or 25 years regardless of the reason or severity of the circumstances" is unconstitutional. In addition, the provision will automatically expire two years after the constitutional interpretation, which is about to expire. Therefore, it is likely that 17 prisoners whose parole for life imprisonment has been revoked will be released on the 14th. The Ministry of Justice has also responded to this matter.

Attorney Li Yusheng of Fidelity Law Firm stated that when the old law automatically expired on March 14, although the Ministry of Justice indicated that it would handle the matter according to the principle of proportionality and might not release these prisoners, since there was no legal basis for detention, and without new amendments, prosecutors would have no legal basis to legally detain these prisoners when the deadline expired. Therefore, there was probably no reason to detain these prisoners.

Further reading:The Anti-Corruption Ordinance imposes a maximum sentence of life imprisonment! A professional corruption lawyer teaches you how to successfully defend yourself against "civil servant crimes" | Fidelity Law Firm

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