Prosecutors filed an appeal Saturday after Chiayi District Court decided for a second time to commute the sentence of a man who fatally stabbed a railway police officer last July, on grounds of diminished responsibility.
In the case in question, a 54-year-old passenger, surnamed Cheng (鄭), was detained on homicide charges after he fatally stabbed 24-year-old railway police officer Lee Cheng-han (李承翰) on a train from Tainan to Taipei on July 3, when he was found to lack a valid ticket.
On Thursday, Chiayi District Court found Cheng innocent of murder on the grounds of diminished responsibility due to his long history of schizophrenia, which was documented by medical records going back to 2010 as well as a psychiatric assessment provided by an expert witness.
Citing Article 19, Paragraph 1 of the Criminal Code, which lists mental illness as possible grounds for commutation, the court ruled that Cheng could be released on NT$500,000 (US$16,819) bail and transferred to a secure facility, where he must undergo mental health treatment for five years.
On Friday, government prosecutors appealed the decision to the Tainan Branch of the Taiwan High Court, which reversed and remanded the case back to the Chiayi District Court, ruling that giving Cheng the possibility of bail would risk creating panic and constituted a threat to public safety.
Later that day, the Chiayi District Court issued a new sentence, which kept the terms of the original ruling in place but added seven conditions -- mainly pertaining to the terms of Cheng's detention and mandating regular psychiatric evaluations -- aimed at addressing the safety concerns in the High Court's ruling.
The court reasoned that the conditions imposed were consistent with Article 87, Paragraph 1 of the Criminal Code, which provides grounds for the forced detention of those found mentally unfit for punishment, if there is a fear of recidivism.
However, the Chiayi District Prosecutors Office appealed the new decision, arguing that it set the bail too low for the severity of Cheng's crime and did not provide an absolute guarantee that he would not commit further acts of violence.
Meanwhile, Cheng remains in regular detention as his family has said they are unable to pay the bail.
The case has drawn significant attention from the Taiwanese media, which has resulted in a wave of public anger being directed against the expert witness whose evaluation of Cheng provided the grounds for his commutation.
In a Facebook post Friday, Shen Cheng-che (沈正哲) defended his testimony, writing "I made the assessment on the basis of my professional judgment, but I have no control over how the court ultimately decides to sentence the suspect."
Despite his sympathy for Lee's family, Cheng wrote, "if the purpose is just to follow public opinion or societal expectations, then there's no reason to seek a doctor's assessment, and people can just decide the matter with an internet poll."
The court's rulings have also prompted a rare response from within Taiwan's government, as President Tsai Ing-wen (蔡英文) on Friday indicated her support for an appeal, while Premier Su Tseng-chang (蘇貞昌) said he was "shocked and disappointed" by the decision.
During an interview Saturday, New Power Party legislator Chiu Hsien-chih (邱顯智) suggested that at least two experts should determine a suspect's mental fitness in cases involving major crimes.
Even autopsies must legally be carried out by two licensed coroners, Chiu, a former lawyer, pointed out. (By Chiang I-ching, Huang Guo-fang and Matthew Mazzetta)