context: On 20 May, Lai Ching-te 赖清德 of the DPP (Democratic Progressive Party) was elected ROC (Taiwan) president. Owing to his record of supporting Taiwanese independence and his pro-two-country inauguration speech, the PRC had strong responses against his ascendency. The PRC launched a ‘Joint Sword-2024 A’ military drill to deter Taiwan separatism in the same month, demonstrating the Party's disapproval for Lai.
‘Opinions on penalising stern “Taiwan Independence” separatists for their crimes on secession and incitement for secession according to the law’, effective immediately, were jointly released by
- SPC (Supreme People’s Court)
- SPP (Supreme People’s Procuratorate)
- MPS (Ministry of Public Security)
- MSS (Ministry of State Security)
- MoJ (Ministry of Justice)
The Opinions serve as guidance for judiciary procedure, with its content based on
- the Party’s Overall Strategy for Resolving the Taiwan Issue in the New Era
- certain laws and regulations
- Anti-Secession Law
- PRC Criminal Law
- PRC Criminal Procedure Law
The Opinions centre on
- fixating the criterion of ascertaining relevant crimes
- listed the concrete scenarios that count as secession and incitement
- primarily targets those who are planning, strategising and realising
- ‘legality-based Taiwan independence’
- ‘seeking independence based on foreign support’
- ‘pursuing independence by force’
- explained definitions of
- ‘prime enemies’
- ‘serious crimes’
- ‘actively participated in’
- clarifying conditions for heavy penalties
- reserved heavy sentences for those who
- colluded with foreign and extra-territorial institutions, organisations or individuals
- advanced secession
- incited others to participate
- starts counting the limitation period for criminal prosecution when continuous criminal activities of suspects end
- the following personnel will not be protected by the limitation period
- those who refuse to comply with investigation after a case has been filed by the police, state security institutions or courts
- reserved heavy sentences for those who
- balancing strictness and compassion
- encourage stern ‘Taiwan separatist’ to give up their separatist stance
- the following personnel could be pardoned or have charges withdrawn
- stop participating in separatism
- take measures to prevent security risks from enlarging
- to ease and eradicate such risks
The Opinions note that the suspects and convicted's right to defence and appeal ought to be respected.