A Silent Reform of the Death Penalty in Taiwan (R.O.C.)

Abstract

There is great tension among the general public, most NGOs and scholars. The death penalty is in line with the ICCPR and the Constitution. Without any revision of the statutes, the Supreme Court has added several substantive and procedural requirements to the death penalty. In addition, the Ministry of Justice has established two special organizations to review death penalty cases. Due to practical developments, the burden of proof in death penalty cases has been substantially raised. It is fair to say that the death penalty has been reformed even though legislators are extremely unlikely to abolish it in the foreseeable future. Reform of the death penalty is necessary and appropriate because it should be the common ground for people who are both for and against the death penalty to reduce the possibility of wrongful execution.