4 December, 2018
The Judicial Yuan published the Reference Guide for Sentencing and Combined Punishments in Criminal Cases (the “Guide”) by a letter dated August 7, 2018.
In addition to set forth the specific items and factors prescribed in Article 57 of the Criminal Code that courts should consider, the Guide urges the courts to refer to the Judicial Yuan’s sentencing information system, the sentencing trends reference system, and the list of factors to be considered for sentencing, etc. in order to avoid unreasonable sentencing disparity.
As to the combined punishments for several offenses, the Guide reminds courts to note that the marginal effect of the punishmewnt would diminish with the length of the sentence, and to consider the probability that the criminal offendors could return to the society.
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm
CYHuang@TsarTsai.com.tw
