An 80-year-old mother, surnamed Liu, who had long cared alone for her 53-year-old son with severe cerebral palsy who had been bedridden for over half a century, has been sentenced to 2 years and 6 months in prison after suffocating him in May 2023. Overwhelmed by fatigue and anxiety from decades of caregiving, she first placed a red envelope containing RM1,400 (NT$10,000) in her son’s mouth before covering his nose and mouth, leading to his death. The Taipei District Court, taking into account her confession, long-term caregiving, and mental and physical state, imposed a reduced sentence under the principle of “mercy in extraordinary circumstances” and also unusually recommended that the President consider granting a pardon. The case has now entered the second-instance review process.
The court noted the need to balance law and humanity. Completely waiving punishment could send the wrong message, potentially leading other caregivers to believe they could arbitrarily end the lives of those in their care. However, in this case, Liu’s circumstances were exceptional: she was elderly, had cared for her son for decades, and posed almost no risk of reoffending. The judge ruled that any additional punishment would have little practical effect, hence the minimum sentence was applied alongside the recommendation for a presidential pardon.
Liu lived with her son and a foreign caregiver in Songshan District, Taipei. At the end of April 2023, she was diagnosed with COVID-19 and hospitalized. Upon returning home, she found her son repeatedly suffering from high fevers. Concerned about what would happen after her passing and struggling with long-term insomnia and emotional collapse, she committed the act on the morning of May 12 while the caregiver was occupied with washing. Family members and the caregiver noticed something was wrong and called the police, and Liu immediately confessed. In court, she admitted she “did not dare use a blanket, thinking it would be harder to die that way.”
Several lawyers, including Deng Xiangquan and Ye Qingyuan, praised the court ruling on social media as “compassionate” and acknowledged the judge’s decision to apply the minimum sentence while recommending a pardon. They also called on the President to exercise discretion in granting clemency, highlighting the case as a balance between legal principles and humanitarian consideration.
