In a fresh move to rein in Taiwan separatists, Chinese authorities have issued a new set of guidelines on imposing criminal punishments on diehard “Taiwan independence” separatists for “conducting or inciting secession, allowing a trial in absentia in relevant cases”.
The guidelines, jointly issued by the Supreme People’s Court, the Supreme People’s Procuratorate, and the ministries of public security, state security, and justice, will take effect upon release.
The document, based on the Anti-Secession Law, the Criminal Law and the Criminal Procedure Law, provides more specific rules concerning conviction and sentencing in the event of such crimes, as well as relevant procedures, serving as guidance for the judiciary in handling relevant cases.
The guidelines can be regarded as a refinement and supplement to the country’s Anti-Secession Law. By clarifying the criminal nature of “Taiwan independence” separatist acts, their criminal liabilities, and the procedure to impose penalties, it draws the bottom line and facilitates law enforcement. In the long run, it will undoubtedly play an effective role in advancing reunification across the Taiwan Strait.
The document spells out clearly-defined circumstances in which a very few diehard “Taiwan independence” separatists, through acts such as organizing, plotting or carrying out schemes of “de jure independence”, or seeking independence by relying on foreign support or by force, should be held criminally responsible.
Also, it stipulates that those who are found to have colluded with any foreign or overseas institution, organization or individual in committing such crimes, should be given a harsher punishment.
According to Article 6 of the document, those who commit the crime of splitting the state may be sentenced to death if the crime causes particularly grave harm to the state and the people or if the circumstances are particularly serious.
The guidelines further stress the principles of balancing clemency and severity and proportionality in judicial procedures, saying that if diehard “Taiwan independence” separatists voluntarily drop their “Taiwan independence” stance, stop conducting separatist activities, and take measures to mitigate or undo the harm, or prevent the spread of the damage, they may have their cases dismissed or be exempted from prosecution.
According to the guidelines, relevant proceedings must be carried out following due process without prejudice to the litigation rights of the suspects or defendants, such as their right to defence and right to appeal. The document also makes it clear that for diehard “Taiwan independence” elements, a trial in absentia may be applied.
The document urges all relevant authorities to give full play to their functions, severely punish the “Taiwan independence” diehard elements for conducting or inciting secession, and resolutely safeguard national sovereignty, unity and territorial integrity.
Commenting on the release of the guidelines, Chen Binhua, spokesperson of the Taiwan Affairs Office of the State Council, pointed out that it is a common practice for countries around the world to use criminal justice measures to punish criminals who conduct secession and safeguard the core interests of the state.
As clearly said in the title to the text of the guidelines, the criminal justice measures are aimed at a small number of diehard individuals who engage in or incite secession activities, and do not target the majority of Taiwan compatriots, said Chen at a press conference.
Identifying “Taiwan independence” as the biggest source of danger and harm to the interests of the people in Taiwan, he said that only by severely punishing acts of secession, can the compatriots in Taiwan enjoy the dividends of peaceful development across the Taiwan Strait and live a peaceful and stable life.
It is advised that the diehard individuals of “Taiwan independence” recognize the situation as soon as possible and quickly rectify their ways, said Chen.
This move came against a backdrop of escalating tensions across the Strait triggered by repeated separatist attempts made by those advocating “Taiwan independence,” particularly since the island’s new leader Lai Ching-te, who holds a stubborn separatist stance, took office in May.
This judicial document surely serves as a blow to Lai and his fellow separatists. It allows Chinese courts to bring diehard “Taiwan independence” separatists to trials in absentia. In the most severe cases, a convict may receive death sentence.
It also acts as a warning and deterrent to external forces who would not keep their hands off affairs related to Taiwan. Those who are found to have colluded with any foreign or overseas institution, organization or individual in conducting or inciting secession, would be given a harsher punishment. Despite being a stern action against separatists, the document draws a clear line between a few stubborn separatists and the rest of Taiwan people.
Under the influence of the “Taiwan independence” ideology and due to political differences between the two sides, some in Taiwan may have a misguided understanding of their identities and the nature of cross-Strait relations. They are given chances to free themselves from misunderstandings and be aware of the harmfulness and danger of separatist activities.
For over 70 years, although the two sides of the Strait have yet to achieve complete reunification, China’s sovereignty and territorial integrity have never been divided.
The historical facts and the legal ground for the facts that both sides of the Strait belong to one country and people on both sides of the Strait belong to the Chinese nation have never changed and will not change.
A peaceful and prosperous future for people on both sides of the Strait hangs on a strong and reunified nation. In order to facilitate reunification, separatists must face criminal prosecution. High hopes are placed on people of Taiwan to have a clear mind, weigh the pros and cons, and stand on the right side of history.
