Ministry of the Interior Proposes Amendment to Impose Minimum 1-Year Jail for Evading Alternative Military Service

According to a report by Central News Agency (CNA), on June 13 in Taipei, Taiwan's Ministry of the Interior recently announced a draft amendment to Article 55-1 of the Alternative Service Implementation Regulations aimed at preventing evasion of alternative military service. The proposed amendment would impose a minimum prison sentence of one year for those intentionally avoiding conscription, and further stipulates that individuals who deliberately delay service until reaching the discharge age will face an increased sentence of up to two-thirds.

Military service is a constitutional obligation for citizens. In recent years, there have been repeated cases of conscripts evading service by remaining overseas, intentionally injuring themselves, or altering their physical status through other means, raising widespread public concern. However, existing penalties have proven insufficient to deter such behavior, leading to a growing number of individuals attempting to evade service with impunity, undermining the fairness of the conscription system.

The draft amendment focuses on two key points. First, it introduces a minimum sentence of one year for those intending to avoid alternative service. Currently, the maximum penalty is up to five years in prison, but in practice, many cases result in non-prosecution, deferred prosecution, or sentences of six months or less with the option of a fine. To strengthen deterrence and ensure fairness, the draft amends the penalty to 'one to five years of imprisonment'.

Second, the draft introduces enhanced penalties for those who deliberately delay service until reaching the discharge age. Under current regulations, male conscripts are discharged on December 31 of the year they turn 36, after which they no longer bear military obligations, regardless of whether they have served. To prevent individuals from exploiting this rule, the draft adds a provision stating that 'males who have exceeded the discharge age without fulfilling their military obligations, and who violated conscription laws during their service-eligible years, shall have their sentence increased by up to two-thirds'.

The Ministry emphasized that this amendment does not represent a major policy shift in the military service system, but rather aims to strengthen legal deterrence, uphold fairness, and ensure that all eligible males fulfill their legal duty to serve. By raising the minimum penalty and introducing enhanced sentencing, the government seeks to reinforce the rule of law and social justice, with no adverse impact on those who lawfully serve. The public comment period for the draft ends on August 10.