Disadvantaged Minor-Offense Project
According to the Judicial Yuan's 2020 Annual Report, the number of concluded theft cases in Taiwan reached 20,878. Among these, there were 49 cases resulting in exemption from punishment. Of the judgments granting exemption from punishment, 21 explicitly mentioned that the perpetrator belonged to a low-income household, lower-middle-income household, impoverished family, or had family members with mental disabilities or intellectual deficits (hereinafter referred to as "vulnerable defendants"). This accounted for 42% of the year's exemption cases, with zero acquittals among them.
A detailed analysis of the aforementioned 21 exemption cases reveals that judges were willing to grant exemptions primarily because the stolen items were of negligible value and lacked significance under criminal law. Furthermore, owing to the perpetrators' vulnerable circumstances, judges deemed the enforcement of criminal penalties inappropriate, thereby preventing their family situations from deteriorating further due to imprisonment or community service in lieu of imprisonment.
If we search the Judicial Yuan's Judgment System using keywords such as "lacking criminal significance" and "negligible value" (or "minimal value") for the same year (hereinafter referred to as "petty theft cases"), we find that there were over 1,600 theft cases nationwide. Among these, as many as 173 cases involved vulnerable perpetrators, accounting for approximately 10% of the year's petty theft cases. Yet, only 21 of these vulnerable perpetrators (12%) received exemptions from punishment. Conversely, 88% of vulnerable perpetrators were still required to take responsibility for their actions through community service or imprisonment.