喪失責任能力人之處分原則 Principles for Measurement on People Losing Criminal Responsibilities

鞭刑，為保安處分[1]。

A caning is a rehabilitative measure[1].

被告因處於喪失責任能力[2]之狀態，犯下列各款情事之一[3]，而不罰者，法院得依被害人家屬之聲請，於宣示判決時一併諭知對被告定期施以鞭刑[4]及行刑之期日： 數行為致數人於死[5]。 強制行為致人於死。 凌虐致人於死。

If a defendant commits one of the following affairs[3] during the status of losing criminal responsibility[2], thus is guiltless, the court may according to the request from the victim's family notifies a periodic canning[4] applying to the defendant and the execution dates thereof when pronouncing the sentence: Causing deaths of several people by several behaviors thereto[5]. Causing death of a person by a compulsive behavior thereto. Causing death of a person by a maltreatment thereto.

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Notes:

[1]	保安處分，不為刑罰，為防止再犯之替代手段。	Rehabilitative measures are not criminal punishments, but alternative methods by which avoid recidivism.
[2]	已達負完全責任能力之年齡者，始有喪失責任能力之可能。喪失行為能力人，係指因精神障礙或其他心智缺陷，致不能辨識其行為違法或欠缺依其辨識而行為之能力者。喪失責任能力人之侵害行為，雖外觀上為犯罪行為，但因非出於故意或過失，依法不罰。	A person is possible to loss criminal responsibility, only if he reaches the age of complete criminal responsibility. A person losing criminal responsibility means a person who is, due to mental disorder or other mental defects, unable to recognize his behavior to be illegal or lacks ability to behave according to his recognition. An offensive behavior by a person losing criminal responsibility, even if it seems illegal in appearance, since it is a result of intention or negligence, is guiltless according to laws.
[3]	所列情事，均對被害人、家屬及社會造成莫大損失，縱被告因喪失責任能力屬可憐憫者，其一人之可憐憫，不及上開三者之可憐憫，爰對其施以鞭刑，滿足應報之常態，穩定社會之秩序，適屬穩當。	The listed affairs causes large damage on the victims, the families and the society, so even if the defendant, due to losing criminal responsibility, is thought to be pitiful, the pity of him is less than the pity of said three kinds of people, therefore, it is just proper for us to apply caning to him, to satisfy the retribution, and to stabilize the society.
[4]	喪失責任能力之人，如因精神障礙或其他心智缺陷，不能感受鞭刑之苦，則對其施以鞭刑，自無人道問題；如尚能感受鞭刑之苦，則使其體會被害人之恐懼及家屬之悲痛，重建其同理心，有助於其社會化，故為穩當。	If a person losing criminal responsibility, due to mental disorder or other mental defects, cannot feel the pain of caning, there is no humane problem for us to apply caning to him; if he can still feel the pain of caning, it is proper for us to help him to understand the victims' fear and the families' sorrow, to rebuild his empathy and to enhance his socialization.
[5]	既被告處於喪失責任能力之狀態，自不可謂其行為出於過失或故意，故此處所稱致死，僅係就客觀上被害人死亡而言。	Since the defendant is during the status of losing criminal responsibility, we shall not conclude that, his behavior is a result of intention or negligence, so the word "causing death" here is referred to the objective situation where the victims are dead.