37 death sentences in Taiwan claim that the death penalty system is unconstitutional to invite the constitutional review. The Constitutional Court ruled that the death penalty was eligible, that is, only ordinary homicide, sexual assault killing, robbers, and capturing of the "serious plot" were committed.The crime of redeeming the murderer, and the criminal procedure is in line with the rigorous legitimate procedure before the death penalty can be sentenced.The Kuomintang criticized this sentence in the same essence.
Comprehensive Taiwan Lianhe News China Times Freedom Times and other reports, the Taiwan Constitution Court Judge Xu Zongli Xu Zongli sentenced the above -mentioned judgment on the Constitution of the death penalty system at 3 pm on Friday (September 20), and explained the reasons.
The Constitutional Court pointed out that although the Taiwan Constitution does not explicitly stipulates the right to life, the right to life is the inherent right of everyone's inherently. ThereforeExceptions, non -absolutely invasion of rights.
But considering the deprivation of life and public interests, the Constitutional court believes that it should be cautious and save the use of the death penalty. When the death penalty is an indispensable minimum infringement method, it is in line with the Constitution to protect the people's life and intention.It means that the death penalty has a conditional constitution.
The Constitutional court believes that the death penalty judgment is only applicable when the crime is the worst, and the procedure meets the most tight procedure requirements to be unconstitutional.It is necessary to be limited to directly intentionally, summarized intentional or choosing a intentional killing, and the basic requirement of "the most serious plot" is met. If it may not be killed intentionally, even if there is a life, it cannot be regarded as "the worst of the plot".
In addition to "only the most serious cases of crime" and "the program meets the most closely legitimate legal procedure requirements", the Constitutional Court also sets a multi -channel level for the Constitution of the Death sentence, including for compulsory defense during the investigation.The third instance must be forced to defend. The third instance should be defense. The judge of the collegiate panel is unanimously decided. At the time of the defendant's behavior, the time of trial, or the execution, there are mental disorders, and the mental defects are not allowed to perform the death penalty.
The China Times said that these levels are equivalent to setting up an irreplaceable threshold for the death penalty, which is essentially abolished.There are 37 prisoners who are to be executed to be executed not only to obtain a very appeal to the execution of the execution, but also have the opportunity to avoid death in the future.
The Kuomintang chairman Zhu Lilun criticized the result of the constitutional release.He called on the President Lai Qingde to make clearly and respond positively to give the public, the family members of the deceased, and many hard -working law enforcement officers.
However, the abolition group regretted this verdict, thinking that the judge missed the opportunity to abolish the death penalty, and also believed that the sentence was the positive starting point for Taiwan to move towards the abolition.Avoid the death penalty "victims".