Is reporting a lost package on Provincial Highway 64 to the police still considered a surrender? Analysis of the 13-year verdict and sentencing.

News Summary

According to TTV News, in the case of the passenger who died after being abandoned on Provincial Highway 64, the driver was sentenced to 13 years in prison in the first instance, higher than the 11-year sentence sought by the prosecution. A press release from the New Taipei District Court explained that although the driver had proactively reported the incident to the police and gone to the police station to explain, he did not proactively confess to the main fact that he had abandoned the passenger; therefore, the voluntary surrender commutation did not apply. The court also considered factors such as the circumstances of the crime, the damage caused, the settlement, and the driver's attitude after the crime when sentencing; the verdict is still pending.

Lawyer's Explanation

Making a phone call to the police does not necessarily constitute surrender under criminal law. According to Article 62 of the Criminal Code, one must proactively report a crime that has not yet been discovered and accept judgment. In this case, the court pointed out that the driver did not admit to being the driver transporting the passengers and repeatedly claimed that the passengers got off the vehicle on their own, failing to report the main crime of abandonment. This is the specific reason why the driver did not receive a reduced sentence for surrender in this case, and it cannot be simplified to the idea that anyone who has lied cannot surrender; the content and timing of each statement, as well as the information already available to the investigating authorities at the time, must still be examined.

Surrender and sentencingThese are two issues that need to be assessed separately. Even if the general requirements for surrender are met, the law only allows for a reduction in sentence, not a guaranteed reduction; conversely, not meeting the requirements for surrender does not mean the court can ignore other favorable circumstances. The court must consider all factors in accordance with Article 57 of the Criminal Code, and the prosecution's requested sentence is not the maximum penalty. In cases involving serious criminal matters, complete records of reporting, appearing at the police station, and statements should be preserved, and procedures and facts should be clarified with the assistance of a lawyer to avoid confusing reporting, appearing at the police station, and surrender.

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