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Introduction to Criminal Sentencing

▍Introduction to Criminal Sentencing

Launch the reform of sentencing in response to public opinion


▍1.Background


Proper sentencing is a main issue that is pursued in judicial reform. To respond to the wish of the public to have an impartial, transparent and proper sentencing system, the “Sentencing Information System”, which focuses on the sexual offense against victim's free will, was the first one established in the middle of February 2011 to comply with the public sentiment and legal system of Taiwan, initiating the judicial sentencing reform of Taiwan. Ten kinds of offenses have been installed in the system since then.


▍2.Practice of the reform of sentencing


(1)Establishing the Sentencing Information System

To launch the reform of sentencing, the Judicial Yuan formed the “Sentencing Analysis and Research Team” in the middle of February 2011. The Sentencing Information System was established by collecting the sentencing factors specified in the rulings of courts, which as provided by Article 57 of the Criminal Code of the Republic of China shall be taken into account when a sentence is imposed. When a user enters the sentencing factor that he/she intends to inquire, the system will automatically search for relevant rulings afterwards, and will provide the distribution of sentences between the maximum and the minimum sentences that meet the inquiry and the whole picture of all kinds of sentences from previous rulings.

(2)Establishing the Sentencing Tendency Advisory System

To provide more diverse and objective information for the references of judges when they impose sentences, the rulings of courts of dozen kinds of offenses are collected, and the sentencing factors that a judge takes into account when the judge imposes a sentence and the influence thereof upon sentencing are analyzed by a statistical regression method. A focus group meeting is held to analyze the sentencing factors and the influence thereof found in practical rulings, and the tendency of the sentencing of dozen kinds of offenses is therefore provided for the references of judges, which enables the judges to capture the whole picture of sentencing, incorporate social justice into sentencing, and respond to the value and wishes of the public.

(3)Creating a sentencing table for dozen kinds of offenses

Taking the sentencing guidelines of the United Kingdom, which are focusing on the description of the principles of sentencing and factors that needed to be taken into account for judges, as a reference, the Judicial Yuan invited a focus group to discuss the sentencing of relevant offenses, the factors that lead to an aggravating or mitigating sentence shall be taken into account, and a sentencing table shall be created for the references of judges to compensate their limited experience in social life.

  • Release Date : 2020-04-08
  • Update : 2020-04-09
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