Taiwan Law Department: The death penalty does not violate the protection of life right

The Constitutional Court of Taiwan is arguing about the death penalty.Guo Yongfa, director of the Procuratorate of the Ministry of Justice, pointed out that the death penalty did not violate the guarantee of life's rights, nor did he infringe on human dignity and constitutes torture.

Comprehensive Taiwan Wind Media and the Central News Agency reported that 37 Death Prisoners including Wang Xinfu believed that the death penalty violated the principle of equality, the right to survival, and the proportion of the constitution.The words and debate courts invited the agent, the Ministry of Justice, and experts and scholars to state opinions.

Guo Yongfa, the representative of the Legal Ministry, said in the opening statement that the death penalty system has undergone several constitutional explanations in the court of justice, and the judge has also announced the constitutional constitution many times.Based on the current constitutional order and value of social law in Taiwan, most public opinion still opposes the abolition of the death penalty, and the Constitutional Court should maintain a constitutional opinion of the death penalty.

Guo Yongfa said that the death penalty does not violate the guarantee of life, does not invade human dignity and constitutes torture, which should be a legal sentence of the constitution;Execution is not torture.

He pointed out that the death penalty is the most serious crime that is not enough to balance the crime of non -death penalty.If there is the possibility of education, the death penalty should still be excluded, indicating that the applicable conditions of the death penalty should meet the principle of necessity.

The Book of the Constitution of the Rule of Law of the Ministry of Justice of Taiwan also pointed out that the death penalty should be consensus by the legislative agencies representing the public opinion, rather than the judicial decision.At present, the legislative and administrative organs in Taiwan have not reached a consensus on the existence of the death penalty, and the death penalty should not be abolished through unconstitutional review methods.

The agent and lawyer Li Nianzu said in the court statement that the Constitution should not allow the government to retaliate in the name of the report.No qualification to end the lives of others.

This is the first time that Taiwan's highest judicial organs have launched judicial debate on the existence of the death penalty. Twelve judges will make a verdict on the death penalty as soon as the end of July this year.If the Constitutional Court ruled that the death penalty was unconstitutional, it might give the death prisoner who is currently detained to get the opportunity to re -trial the case, and even lift the identity of the death penalty.

Taiwan has not performed the death penalty for nearly four years, but on the eve of the Constitutional court opened the debate, the Taiwan Ministry of Legal Affairs, which was responsible for the execution of the death penalty, issued a seven -point statement on April 16, saying that he opposed the abolition of the death penalty system.The system is consensus by legislation and administrative formation, and the judicial power of not the judge of the judge.

The statement also stated that when there is no consensus in Taiwan society, if the judge declared the death penalty system at this moment, it may cause fierce social opposition and conflict.