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01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 審判長於審判期日就被告之犯罪嫌疑及所犯所有罪名踐行告知程序時，除刑法第271條第1項之殺人罪外，亦告知可能涉犯刑法第247條第1項之遺棄屍體罪（見本院卷一第163、28 7、403頁、卷二第64頁），使被告及其辯護人有充分辨明及辯論之機會，對於被告之訴訟防禦權已予相當之保障。㈡被告將被害人陳○○、賴○○分別以頭下��上之方式拉栽塞入預先準備之綠色、藍色鐵桶內，再持不詳扳手將鐵桶上方頂蓋之桶箍螺帽拴緊，使其2人處於缺氧之密閉空間內，並於被告駕車前往棄屍地點期間死亡，足認被告各係以一行為同時觸犯刑法第271條第1項之殺人罪及同法第247條第1項之遺棄屍體罪，應分別從一重之殺人罪處斷。㈢被告所犯上開殺人罪之2罪，犯意各別，行為互殊，應予分論併罰。㈣至於證人杜○○、甲○○2人於偵查、原審審理中均供稱：彼等純係受被告之託，陪同被告自其臺中市住處駕車至上開山區丟棄裝有工業廢料之鐵桶等語；證人己○○於偵查中供稱：是被告叫其坐上他所駕駛的休旅車副駕駛座，就開車載其從埔里下交流道一直往清境農場的方向開過去，過程中其曾詢間被告為何要跑到這麼遠的地方，途中其有看到往大禹嶺的指標，在一處山路的轉角處被告就停下來，打開後車箱，並自己搬下一個綠色鐵桶往山谷裡丢，被告並沒有要求其幫忙搬，回程的時候其有問被告說那個東西是什麼，被告說是裝安非他命沒有用的渣等語，雖均有違背常情之處，然依卷存資料並無積極證據足以證明證人杜○○、甲○○、己 ○○等人就被告殺人、遺棄屍體之犯行於事前係屬知情，自難認其等與被告間具有共犯關係，併予敘明。㈤按刑事妥速審判法第7條規定：「自第一審繫屬日起已逾8年未能判決確定之案件，除依法應諭知無罪判決者外，法院依職權或被告之聲請，審酌下列事項，認侵害被告受迅速審判之權利，且情節重大，有予適當救濟之必要者，應減輕其刑：訴訟程序之延滯，是否係因被告之事由。案件在法第六十八頁

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Yang Hongru (楊鴻儒)

CASE BRIEF

Jurisdiction

Taiwan

Nationalities

Taiwanese

Case Title: Yang Hong-ru (Taiwan Supreme Court Criminal Judgment No. 1276 [114])

Age at Offence: 68

Age Group at Offence: Senior (60 and Above)

Gender: Male

Religious Group at Offence: Unknown

Vulnerable/ Marginalised Group

Person with Disabilities: Mental

Jurisdiction - Geolocation

Latitude: 23.6978

Longitude: 120.9605

Jurisdiction - Geolocation (linked CASE BRIEF): Taiwan

Contributing TRP Partner

Taiwan Alliance to End the Death Penalty (Taiwan)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2010s: 2016

Method of Execution: Not executed

Rights Allegedly Violated

Fair Trial and Due Process: Excessive and disproportionate punishment

Nature of Offences for Death Penalty

Murder: Multiple Victims

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Forensic/Medical evidence: Blood pattern analysis
Forensic/Medical evidence: Chemistry/Toxicology/Drug analysis
Forensic/Medical evidence: Fingerprint/palmprint/footprint
Mitigation Specialist
Mental Health: Other
Mental Health: Psychiatrist
Mental Health: Psychologist

Case Background (300 words max): Yang Hong-ru was known to both victims, Chen and Lai. He may have harboured murderous intent towards the two men, possibly due to gambling debts or other motives.

Under the pretence of going on a trip or visiting friends, Yang drove away with the victim Chen on the morning of 27 June 2015, and with the victim Lai on the morning of 12 July that same year. On both occasions, during the journey, Yang laced the victims' food and drink with sleeping pills, rendering each of them unconscious. He then placed them head-first, feet-up, into sealed metal drums, where they suffocated to death within the confined spaces.

He transported the drums containing the victims' bodies to a location near the boundary between Nantou and Hualien on Provincial Highway No. 8—the first on the afternoon of 27 June 2015, and the second at midday on 12 July, where he disposed of them by pushing them into a ravine, thereby killing Chen and Lai in succession.

In the first, second, and third trials, as well as the first retrial, the defendant was sentenced to death. This was later commuted to life imprisonment in the second retrial, and that sentence was ultimately upheld by the Supreme Court.

In addition to the psychiatric assessment, a pre-sentencing social investigation was also conducted in this case. A multidisciplinary team was assembled for this purpose, comprising not only psychiatrists and psychologists, but also legal scholars and criminologists.

Defence Arguments (200 words max.)

This case falls under the provisions of the Fair and Speedy Criminal Trials Act, and accordingly, the sentence ought to be reduced to life imprisonment.
Pursuant to Taiwan's parole regulations, given that the defendant is of advanced age, life imprisonment would be sufficient, as the likelihood of the defendant reoffending upon release from prison is considered low.

Judgement with Headnotes (200 words max)

This case has been pending before the first-instance trial since December 2015. By the time the Supreme Court remanded it for retrial in September 2023, approximately seven years and nine months had elapsed. According to the terms of the remand order, certain matters remained to be subjected to forensic examination and witnesses to be questioned, requiring further investigation and clarification. Upon completion of the court's investigation and pronouncement of the judgment in the second retrial appeal, more than eight years would have passed. Accordingly, there exist grounds under Article 7 of the Fair and Speedy Criminal Trials warranting mitigation of punishment (where a death sentence is mitigated, the punishment shall be life imprisonment).
Consideration should be given to whether, even in the event that an elderly prisoner may become eligible for parole release following prolonged execution of sentence, the risk of reoffending diminishes due to advanced age.

Legal Representation Received

Second Appeal: Private
Remand: Private
Forth Appeal: Private
Trial: State Legal Aid
Appeal: State Legal Aid
Pre-trial: Unknown

Legislation Related to the Offence(s): Article 271(1) of the Criminal Code: A person who takes the life of another shall be sentenced to death or life imprisonment or imprisonment for not less than ten years.

Case Brief Entry Status: Complete

Language of Case Materials

Mandarin (Traditional)

Is the case brief featured?: Yes

Primary Documents

【楊鴻儒】最高法院114年度台上字第1276號刑事判決.pdf
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【楊鴻儒】臺灣高等法院臺中分院112年度上重更二字第4號刑事判決.pdf
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Death Penalty Defence - Asia

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Yang Hongru (楊鴻儒)

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