Despite Controversy Over 'Inhumane' Punishment... Taiwan Moves Caning Referendum Forward

Passed with 52 votes in favor, 51 against, led by Kuomintang
Human rights groups oppose: "Torture and inhumane punishment"

Taiwan's legislature has passed a national referendum bill that calls for enacting laws allowing the imposition of corporal punishment (caning) on individuals convicted of sexual violence, child abuse, or serious fraud crimes.

Taehyung demonstration scene in Singapore. Social media (SNS) capture

Taiwanese media outlets, including TVBS, reported on August 14 that the Legislative Yuan passed the referendum proposal on caning, submitted by the opposition Kuomintang (KMT), with 52 votes in favor and 51 against.

The referendum question asks whether citizens approve the government's enactment of laws allowing courts to sentence and execute caning for offenses such as sexual violence, child abuse, large-scale fraud, and complex aggravated fraud crimes.

Initially, some within the Kuomintang argued that caning should be applied to other serious crimes such as drunk driving and fraud. Kuomintang legislator Hung Meng-kai has advocated since last year for the introduction of caning for fraud and drunk driving, and in April this year, he officially launched the referendum campaign targeting sex crimes, child abuse, and large-scale fraud. However, drunk driving was not included in the final version that passed the Legislative Yuan.

The Kuomintang claims that caning would serve as a more effective deterrent. They argue that, amid a worsening situation involving fraud, sexual crimes, and offenses against children, existing criminal penalties are insufficient to provide strong deterrence. Hung Meng-kai previously remarked, “The people of Taiwan are demanding harsher punishments,” emphasizing that the referendum is necessary to confirm public opinion on the matter.

However, opposition voices remain strong. Taiwanese human rights organizations have criticized caning for inflicting physical pain and humiliation as punishment by the state, which they argue may violate international human rights norms prohibiting torture and cruel or inhumane punishment. They also pointed out the lack of reliable empirical evidence demonstrating that caning is effective in deterring crime.

Even so, these human rights groups said they understand the public's anger over heinous crimes. They indicated they would support the government if it worked to improve crime prevention, strengthen investigative capabilities, protect victims, and enhance systems to prevent reoffending.

The legislature's passage of the proposal does not mean the caning system will go into effect immediately. The proposal must first undergo formal review by the Central Election Commission, and currently, there is speculation that the vote could be held alongside the local elections scheduled for November 28.

Even if the referendum is approved, new legislation must be enacted before caning can become part of the criminal justice system. Consequently, debate over the introduction of corporal punishment as a criminal penalty is expected to intensify going forward.

This content was produced with the assistance of AI translation services.