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  • Interpretation
  • No.194
  • Date
  • 1985/03/22
  • Issue
    • Does the mandatory death penalty according to Article 5, Paragraph 1, of the Drug Control Act during the Period for Suppression of the Communist Rebellion violate the Constitution?
  • Holding
    •        Article 5, Paragraph 1, of the Drug Control Act during the Period for Suppression of the Communist Rebellion reads: “The death penalty will be imposed on those who traffic in illegal drugs,” which is indeed rigorous. However, this provision was enacted to eliminate drug trafficking in order to maintain national security and social order during the period for suppression of the communist rebellion. It is not contrary to either Article 7 or 23 of the Constitution.
  • Reasoning
    •        The Drug Control Act during the Period for Suppression of the Communist Rebellion is a special criminal law of which Article 5, Paragraph 1, provides: “The death penalty will be imposed on those who traffic in illegal drugs.” It is indeed a rigorous rule. However, if the drug traffic had not been outlawed during the period for suppression of the communist rebellion, public health, national security and social order would have been endangered. This provision is therefore not contrary to Article 23 of the Constitution. Furthermore, the application of Article 5, Paragraph 1, of the Act does not discriminate by gender, religion, race, class or political party. Thus, this provision is not contrary to Article 7 of the Constitution. It should also be noted that the applicant’s claim that the final and binding judgment T. F. T. No. 23 (Sup. Ct., 1983) bases its evidence solely on the words of the applicant and other defendants is not within the ambit of constitutional interpretation.
      
    • *Translator by Dr. R.T.Liao.
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