[Event] Supreme Court Observation: March 23 Executive Yuan Occupation Case

On April 28, the appellate court reversed the trial court's acquittals of seven defendants charged with "inciting others to commit crimes" in the March 23 Executive Yuan Occupation Case and found them guilty. More than thirty years after Taiwan's transition from authoritarian rule to democracy, a court has treated calls for fellow citizens to assemble peacefully and express political views as criminal incitement. The ruling not only reveals how authoritarian-era instincts to control the public persist within the judiciary, but has also reignited debate among scholars and practitioners over whether Article 153 of the Criminal Code-the offense of incitement-should remain on the books.

On June 12, the defense team asked the Supreme Court to stay proceedings and petitioned the Judicial Yuan for a constitutional interpretation, so that Article 153 of the Criminal Code, which restricts freedom of expression, could be reviewed for constitutionality. An authoritarian-era legal relic should be tested against the Constitution rather than too readily used as the basis for conviction. If the Supreme Court concludes that the provision is constitutional and sees no need to stay the case, it should still hear argument so the public can understand the Court's reasoning and whether the provision can be narrowly construed in a constitutionally permissible way, striking an appropriate balance among the freedoms of assembly, association, and expression.

The Supreme Court will hold a preparatory hearing in the case at 9:30 a.m. on October 30, 2020. Anyone interested is welcome to attend.

※ During the COVID-19 prevention period, courtroom observers must register under their real names and wear masks.

Time

October 30, 2020, 9:30 a.m.

Location

Supreme Court (No. 6, Section 1, Changsha Street, Zhongzheng District, Taipei City)