Taiwan eyes tougher penalties for draft dodgers, ending fine loophole

Taiwan's Ministry of National Defense is proposing legislative changes to combat draft evasion, aiming to prevent wealthy individuals from circumventing mandatory military service through fines. The proposed amendments to the "Act for Punishment of Military Service Evasion" seek to establish a minimum prison sentence of one year for those who intentionally evade service, effectively eliminating the option of paying fines.

Under current regulations, individuals who evade military service, such as by failing to report for duty or remaining abroad after their approved study period, can face up to five years in prison. However, in practice, courts often impose sentences of six months or less, which are eligible for fines under Taiwan's penal code. This has led to concerns that affluent individuals can effectively buy their way out of service.

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In the future, all will be imprisoned and fines will no longer be an option.

The proposed legislation aims to address this loophole by mandating a minimum sentence of one year, which would exceed the threshold for fines. The Ministry argues that this change is necessary to deter draft evasion and ensure that military obligations are shared equitably. The current system, critics say, fosters a sense of impunity and undermines the principle of equal responsibility.

Legal experts note that sentencing in evasion cases is typically based on factors such as motive, method, harm caused, and the defendant's attitude. However, the proposed reform seeks to standardize penalties for intentional evasion, ensuring that all offenders face actual jail time. The move comes amid ongoing discussions about national defense readiness and the fairness of the conscription system.

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To prevent the侥幸 (jiǎoxìng -侥幸) mentality of 'money can replace military service'.