Legislative Amendment to Curb Drug-Driving Tragedies: Ministry of Justice Says Draft to Be Submitted to Executive Yuan Soon

(Central News Agency, reporters Xie Junlin and Liu Shiyi, Taipei, 8th) To curb tragedies caused by drug-impaired driving, the Ministry of Justice (MOJ) stated today that it has initiated amendments to the Criminal Code, comprehensively increasing penalty severity and reviewing the scope of parole. An expert consultation meeting was held on May 29, and a draft amendment will be prepared and submitted to the Executive Yuan for review shortly.

The Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan invited MOJ Minister Cheng Ming-chien, National Police Agency Deputy Commissioner-General Liao Hsun-cheng, and other officials today for a special report and Q&A session on "From Source Tracing to Road Safety: Taiwan's Drug Crime and Drug-Driving Prevention Policy."

According to the MOJ's written report, the classification and items of drugs in Taiwan are based on the Narcotics Hazard Prevention Act and the MOJ Drug Review Committee Establishment Guidelines. The MOJ, together with the Ministry of Health and Welfare, forms the Drug Review Committee, which meets regularly every three months and may hold extraordinary meetings when necessary.

The report stated that the MOJ convened the Drug Review Committee on November 14, 2024, and based on the addiction potential, abuse potential, and social harm of etomidate-type drugs at that time, resolved to upgrade them from a Schedule III to a Schedule II drug. The announcement took effect on November 27 of the same year. After the announcement, in addition to increased penalties for manufacturing, transporting, and selling, the use or possession of such drugs also became a criminal offense with criminal liability.

The MOJ believes that the current spread of etomidate-type drugs has seriously endangered social safety. It will convene the Drug Review Committee on the 17th to deliberate on upgrading "etomidate" to a Schedule I drug, considering factors such as its abuse potential, social harm, and severe impact on reaction and judgment abilities. If the deliberation passes and takes effect after an Executive Yuan announcement, those who manufacture, transport, or sell "etomidate" could face the death penalty, aiming to curb the proliferation of "etomidate" at its source.

Furthermore, to prevent the recurrence of drug-driving tragedies, the MOJ stated that it has initiated Criminal Code amendments. These will comprehensively increase penalties for types such as simple drug-driving, drug-driving causing death or serious injury, and repeat drug-driving offenses causing death or serious injury, and will review and revise the scope of parole to enhance the function of countering crime.

The MOJ stated that vehicles used by perpetrators in drug-driving incidents resulting in death or serious injury will be subject to mandatory confiscation, regardless of whether they belong to the perpetrator, to deter and prevent the arbitrary provision of vehicles to drug users and comprehensively block drug-driving behavior. To ensure the thoroughness of the amendment, the MOJ held an expert consultation meeting on May 29 and will draft the amendment in early June for submission to the Executive Yuan for review.

The written report indicated that from January to April this year, district prosecutors' offices investigated a total of 11 drug-driving fatality cases, sought detention in 10 cases, granted bail with concurrent restrictions on leaving the country and sea in 1 case, and courts approved detention in 9 cases. Furthermore, after the Criminal Procedure Code was amended to include the offense of driving while unable to drive safely under preventive detention, from May 15 to 31 this year, prosecutors' offices sought preventive detention in 97 drug-driving cases, with 61 approved.

The report stated that the Taiwan High Prosecutors Office, under the MOJ, coordinates the cooperation of six major drug enforcement agencies, continuously strengthening drug investigation efforts, and designating currently prevalent new psychoactive substances as key investigation targets in the "Anju Drug Enforcement Project" or the "Campus Youth Project."

According to the report, the six major drug enforcement agencies conducted two phases of the "Anju Drug Enforcement Project" from October last year to March this year, focusing on etomidate-type drugs. The results of the two operations showed 4,137 drug suspects, including 1,791 involved in manufacturing, transporting, or selling drugs; searches of 1,784 locations; seizure of 2,151.4 kilograms of various drugs; and the dismantling of 216 drug manufacturing plants, packaging facilities, and cultivation sites.

Among these, for etomidate-type drugs, 881 individuals were apprehended for manufacturing, transporting, or selling, accounting for 49% of all drug manufacturing and trafficking offenders. 188 etomidate-type drug facilities were dismantled, accounting for 87% of all dismantled drug manufacturing plants. (Editor: Lin Shuhui) 1150608