Chinese authorities on Friday issued a set of guidelines on imposing criminal punishments on diehard "Taiwan independence" separatists for conducting or inciting secession, allowing a trial in absentia in relevant cases.
The guidelines, jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, and the ministries of public security, state security, and justice, take effect upon release.
The document, based on the Anti-Secession Law, the Criminal Law and the Criminal Procedure Law, provides more specific rules concerning conviction and sentencing in the event of such crimes, as well as relevant procedures, serving as guidance for the judiciary in handling relevant cases.
It spells out clearly-defined circumstances in which a very few diehard "Taiwan independence" separatists, through acts such as organizing, plotting or carrying out schemes of "de jure independence," or seeking independence by relying on foreign support or by force, should be held criminally responsible.
Also, it stipulates that those who are found to have colluded with any foreign or overseas institution, organization or individual in committing such crimes, should be given a harsher punishment.
According to Article 6 of the document, those who commit the crime of splitting the state may be sentenced to death if the crime causes particularly grave harm to the state and the people or if the circumstances are particularly serious.
The guidelines further stress the principles of balancing clemency and severity and proportionality in judicial procedures, saying that if diehard "Taiwan independence" separatists voluntarily drop their "Taiwan independence" stance, stop conducting separatist activities, and take measures to mitigate or undo the harm, or prevent the spread of the damage, they may have their cases dismissed or be exempted from prosecution.
According to the guidelines, relevant proceedings must be carried out following due process without prejudice to the litigation rights of the suspects or defendants, such as their right to defense and right to appeal.
The document also makes it clear that for diehard "Taiwan independence" elements, a trial in absentia may be applied.
Officials said on the same day at a press conference that severely punishing separatists in accordance with the law is an inevitable requirement for ensuring peace and stability of the Taiwan Strait.
"For a period of time, a very small number of 'Taiwan independence' diehards have been carrying out separatist activities, which have seriously endangered the peace and stability of the Taiwan Strait, and seriously damaged the common interests of compatriots on both sides of the Strait and the fundamental interests of the Chinese nation. To hold those who attempt to split the country and undermine national unity criminally responsible is an inevitable requirement that laws must be followed and violations must be punished, and a necessary measure to safeguard national sovereignty, unity and territorial integrity," said Ma Yan, president of the second criminal tribunal of the Supreme People's Court.
"'Taiwan independence' attempts are the biggest source of disaster that has led to chaos in Taiwan and has damaged the interests of the people. Only by severely punishing those separatist criminals in accordance with the law can Taiwan compatriots enjoy the dividends of the development of cross-Strait relations and live a peaceful and tranquil life," said Chen Binhua, spokesman of the State Council Taiwan Affairs Office.
China issues judicial guidelines on punishing Taiwan separatists
