Proposed Amendments to Criminal Code: Defining Collusion with Foreign Powers

The Democratic Progressive Party (DPP) legislators in Taiwan have proposed amendments to the Criminal Code to define and penalize collusion with foreign powers. The proposed amendments aim to address the lack of clarity in the current law regarding collusion and its severe penalties.

According to DPP Legislator Puma Shen, the proposed amendments define four types of criminal behavior that would fall under the category of collusion. These include publicly declaring or recognizing a foreign power’s right to rule over Taiwan, failing to perform official duties at the request of a foreign power, assisting a foreign power in attempting to exercise authority over Taiwan, and endorsing a foreign power’s sovereignty claims over Taiwan.

The draft also outlines hierarchical penalties for different targets, with civil servants facing the highest penalties. Shen stated that civil servants found guilty of collusion could face up to life imprisonment, while non-public servants would receive fixed prison terms of one to seven years.

Shen also mentioned that not all actions perceived as “united front” activity would be punishable under the proposed amendments. He highlighted that artists making pro-China statements in Taiwan are operating in a free market and have the personal freedom to pursue opportunities in China. However, professors or government officials making such statements would be at higher risk of facing legal consequences.

Lawmakers expressed concerns that the current laws have a gray area that China could exploit, leading to further revisions likely in the future. Additionally, DPP Legislator Chiu Chih-wei has proposed an amendment to the Anti-Infiltration Act, calling for the Constitutional Court to rule on the dissolution of a political party if it commits acts that contravene the Constitution, disrupt social order, or affect national security.

The proposed amendments reflect Taiwan’s efforts to strengthen its laws against collusion with foreign powers and safeguard its national security interests.