Lawyers Facing Attacks: Ministry of Justice Announces Draft Amendment to Legal Practitioners Act

(Central News Agency reporter Wang Yang-yu, Taipei, June 17) In recent years, there have been increasing reports of lawyers in Taiwan facing violent threats, with some even losing their lives while carrying out their professional duties. To ensure that lawyers can practice without unlawful interference, legislators from both the ruling and opposition parties have proposed amendments to the Legal Practitioners Act, including criminal penalties. On June 17, the Ministry of Justice announced it has drafted an amendment to the Legal Practitioners Act, referencing provisions in the Medical Care Act, and is currently in the process of public notice. The goal is to safeguard lawyers’ professional safety and the smooth operation of the judicial system.

The Judicial and Legal Affairs Committee of the Legislative Yuan held a session on June 17 to review draft amendments to the Legal Practitioners Act, including a proposed Article 35-1, submitted by Kuomintang legislators Weng Hsiao-ling, Lai Shih-pao, and Lo Ting-wei, as well as by Democratic Progressive Party legislator Lee Po-i. Feng Cheng, Vice Minister of Justice, attended the session to provide explanations and answer questions.

Weng Hsiao-ling’s proposal stipulates that anyone who uses violence, coercion, intimidation, or other illegal means to obstruct a lawyer’s professional duties shall be sentenced to up to three years in prison and may be fined up to NT$300,000. If the act results in the lawyer’s death, the offender shall face life imprisonment or a prison term of at least seven years; if it causes serious injury, the sentence shall be between three and ten years.

Lee Po-i’s version specifies that anyone who uses violence or coercion against a lawyer while the lawyer is performing official duties shall be sentenced to up to three years in prison, detention, or a fine of up to NT$300,000. If the act leads to the lawyer’s death, the penalty is life imprisonment or at least seven years in prison; for serious injury, the sentence is between three and ten years.

Vice Minister Feng emphasized that the Ministry of Justice takes attacks on lawyers extremely seriously. While existing laws such as those on assault, intimidation, and coercion are in place, lawyers play a crucial role in upholding constitutional rights to litigation and due process. To better support the judicial system and ensure justice in individual cases, the Ministry has drafted Article 35-1 of the Legal Practitioners Act, modeled after the Medical Care Act. The draft is currently undergoing public notice.

According to the Ministry’s written report, the proposed amendment explicitly establishes an independent penalty for obstructing a lawyer’s professional duties through violence, coercion, intimidation, or other illegal means, particularly when working alongside judicial personnel. It also includes enhanced penalties for cases resulting in serious injury or death, aiming to comprehensively protect lawyers’ professional safety and the integrity of the judicial system.

The Ministry expressed agreement with legislators’ goals of protecting the dignity and personal safety of lawyers in the performance of their duties. However, it also stressed that while strengthening protections for lawyers, the broader implications for the fair and impartial operation of the judicial system must also be considered. (Edited by Chang Chun-mao) 1150617