This Wednesday, a leading Kuomintang (KMT) legislator, Hung Mong-kai (洪孟楷), introduced a criminal law amendment that would allow courts to impose mandatory caning for four categories of serious offenses, including major sexual violence, drug-impaired driving, child abuse resulting in death or serious injury, and aggravated fraud.
As Deputy Secretary-General of the KMT Caucus, Hung announced a proposal for "mandatory caning" as an additional punishment to accompany main sentences. Courts could impose three to twelve lashes, with a maximum of twelve for multiple offenses. Offenders under 18 or over 65 at the time of execution would be exempt. Medical evaluations would be required before and during the punishment, and any unadministered lashes would result in up to one year of additional imprisonment.
Hung framed the move as a response to the recent rejection of a KMT-backed “caning by referendum” initiative, urging substantive legislative debate rather than human-rights objections. Hung said, “We must carry out substantive discussions on amending the law in the Legislature. We call on the executive branch and the Justice Ministry to stop using human rights as an excuse or a fig leaf and instead truly open the doors and walk the main road by providing relevant amendment drafts so we can fully discuss them in the Legislature.”
The Democratic Progressive Party (DPP) caucus pushed back, warning against “populist legislation.” DPP Caucus whip Chuang Jui-hsiung (莊瑞雄) said lawmakers should thoroughly examine whether caning would actually deter different types of crime.
Chuang said, “What international human rights organizations say about Taiwan going backward is a small matter. After this law is proposed, what evidence do you have to prove that sexual assault, child abuse, or drug-impaired driving will quickly decline or be eradicated because a whip is brought out and people are whipped?"