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China Publishes Tough Law on ‘Taiwan Independence Elements,’ Including Death Penalty

On May 26, 2024, China’s Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice jointly issued a document titled “Opinions on Lawfully Punishing Stubborn ‘Taiwan Independence’ Elements for Crimes of Splitting the State and Incitement of Splitting the State.”

The document defines ‘the crime of splitting the state’ as:

(1) Initiating or establishing “Taiwan Independence” separatist organizations, planning or formulating “Taiwan Independence” separatist action programs, plans, or schemes, or directing members of “Taiwan Independence” separatist organizations or other individuals to engage in activities that split the state or undermine national unity.

(2) Formulating, amending, interpreting, or repealing relevant regulations in the Taiwan region or through “referendums”, in attempt to change the legal status of Taiwan as part of China.

(3) Attempting to create “two Chinas,” “one China, one Taiwan,” or “Taiwan independence” in the international community by promoting Taiwan’s membership in international organizations whose members are limited to sovereign states or through official exchanges or military contacts.

(4) Abusing authority power to extensively distort or falsify the fact that Taiwan is part of China in the fields of education, culture, history, or news media, or suppressing parties, groups, or individuals that support the peaceful development of cross-strait relations and national unity.

(5) Other actions attempting to separate Taiwan from China.

It defines the principal offenders or those with particularly serious crimes shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years. Among them, those causing particularly serious harm to the state and the people, as well as those with particularly heinous circumstances, may be sentenced to death. Active participants shall be sentenced to fixed-term imprisonment of more than three years but less than ten years. Other participants shall be sentenced to fixed-term imprisonment of less than three years, detention, control, or deprivation of political rights.

Source: China Review News, June 21, 2024