萬國法律事務所

According to the Ministry of Justice, one of the key features of the proposed amendments targets repeat offenders of the offense of driving while impaired. Individuals who reoffend within five years after completing their sentence or receiving a pardon for drunk driving or drug-impaired driving may be deemed not to have benefited from criminal punishment and rehabilitation. Accordingly, the amendments expressly provide that such repeat offenders will be ineligible for parole.

With respect to serious violent crimes, in cases involving intentional homicide, attempted homicide, or child abuse resulting in death or serious bodily injury, offenders who are sentenced to life imprisonment or a fixed-term imprisonment of ten years or more will be ineligible for parole.

In addition, to comply with Judicial Yuan Interpretation No. 801, the period of detention served before a judgment becomes final, whether in life imprisonment cases or fixed-term imprisonment cases, will be counted toward the time served requirement for parole eligibility, in accordance with the constitutional principle of equality.

The draft amendments will subsequently be submitted to the Judicial Yuan for joint endorsement before being forwarded to the Legislative Yuan for deliberation.