Reading focus
The day's arguments focused on three levels: whether the crime was planned and among the most serious; whether the defendant truly lost control and remained capable of rehabilitation; and whether death or life imprisonment met necessity and proportionality requirements.
01Basic case information
The incident occurred on July 7, 2025. After a protection-order hearing, Mr. Hsieh followed his wife and her younger sister by car, rammed their scooter, then attacked them with a blade and an aluminum rod, killing both.
“In hearing disputes I am like others. What is needed is to ensure there are no disputes.”Analects, Yan Yuan
Confucius said he was no different from others in hearing litigation, but hoped disputes would cease. Read gently today, this does not ask victims to be silent. It reminds institutions that, beyond determining responsibility after tragedy, they should work to stop danger before it enters a courtroom.
02Domestic violence, the protection order, and events before the incident
May 17, 2025:Mr. Hsieh had a conflict with his spouse and assaulted her. Ms. Chang called the police and applied to the court for a protection order.
July 6, 2025:Mr. Hsieh went to Ms. Chang's residence to collect belongings and smashed a large ceramic money box nearby. Police referred him for a suspected protection-order violation. Public reports state that the prosecutor released him without bail after further questioning.
July 7, 2025:The court held a hearing on an ordinary protection order. Mr. Hsieh's spouse said that day that she wanted the complainant's representative to accompany her. After the hearing, Mr. Hsieh followed his wife and her younger sister by car, culminating in this incident.
“Tread on frost, and solid ice is coming.”Book of Changes, Kun
Thin frost is not thick ice, but it is a signal left by the cold. In modern risk management, property destruction, protection-order violations, following, and revenge statements should not be viewed in isolation; together they may trace an escalating danger.
03Submission by Attorney Yang, the victims' representative
The victims' side argued that this was not merely an ordinary killing but the use of death to torment the living, with the character of a cruel killing. According to their submission, Mr. Hsieh had said in message records that he wanted to kill his father-in-law but ultimately did not attack him. They argued that this was not simply abandoning the idea, but leaving the father-in-law alive to suffer the loss of his two daughters.
“Everyone has a heart of compassion.”Mencius, Gaozi I
Compassion does not decide the legal conclusion. It keeps the court, while discussing punishment, mindful that victims are more than names in a case file. Gentle understanding does not obstruct rigorous proof; both should be present.
04The prosecutor's “four steps of premeditation”
| Stage of premeditation | Mr. Hsieh's explanation |
|---|---|
| Forming the intention | “I only wanted to scare them.” |
| Acquiring tools | “A voice told me to buy them.” |
| Approaching the targets | “I happened to meet you.” |
| Using the tools | “At the time I could not tell the knife from the rod.” |
The prosecution argued that although Mr. Hsieh explained the four stages as intimidation, a voice's instruction, a chance encounter, and inability to distinguish tools, his conduct viewed continuously still showed a complete process from intention and preparation through approaching the targets and actual use.
“With preparation, things succeed; without it, they fail.”Book of Rites, Doctrine of the Mean
The original saying concerns preparation. In court, a maxim alone cannot prove premeditation, but it can help explain the prosecution's reasoning: the court must determine when criminal intent formed by examining a series of concrete preparations and actions.
05Mr. Hsieh's three explanations and the prosecutor's rebuttals
| Mr. Hsieh's explanation | Prosecution's counterevidence |
|---|---|
| “I did not intend to kill.” | Before the incident, he had placed both sisters on a “one life for four lives” list. |
| “I could not stop while committing the offense.” | During the offense, he could still identify targets, change weapons, and make purposeful movements. |
| “Afterward my behavior was confused and I was not conscious.” | After the incident, he still clearly knew to deal with the weapons. |
06On “a voice told me to buy them”
Mr. Hsieh said he bought the tools because “a voice told me to buy them.” According to the psychiatric opinion recounted in court, this was not an auditory hallucination in the psychiatric sense, but closer to a concrete expression of his own thoughts or inner voice.
Mr. Hsieh also said he could not distinguish the knife from the rod at the time. It was pointed out in court, however, that before rushing toward the victims he switched the weapon to his dominant hand. The prosecution argued that switching hands, identifying targets, and changing weapons showed that he had not completely lost understanding and control.
This passage is an observer's account of expert opinions presented in court, not the complete psychiatric assessment report. Diagnostic terminology and original questions and answers must be checked against the case file.
07The “one life for four lives” list
The list's admissibility, creation time, and specific contents remain subject to the court's evidentiary examination and findings.
08Constitutional Judgment 113-Hsien-Pan-8 and “the most serious crimes”
The prosecution used medical amputation as an analogy: a physician's removal of a necrotic limb has medical justification; destroying another person who is treated as a toy to satisfy a desire for control is entirely different, even if both involve removing limbs.
The prosecution also argued that the possibility of more cruel cases elsewhere does not mean this case is not among the most serious. If the possibility of an even worse crime always excluded death, the standard could never be applied.
Constitutional Court Judgment 113-Hsien-Pan-8 does not declare that death may be imposed for every murder. It requires strict conditions, including individual circumstances among the most serious, complete procedural safeguards, and unanimity of the court. The trial court must determine each condition separately.
“Be as careful at the end as at the beginning, and there will be no failure.”Tao Te Ching, Chapter 64
The final sentencing step must be as careful as the initial fact-finding. Whether arguing for death or life imprisonment, anger or sympathy alone is insufficient: constitutional boundaries, culpability, and individual circumstances must each be explained.
09Recess and questions from citizen judges
There was a recess of about ten minutes during the hearing. Afterward, the presiding judge checked whether the citizen judges had further questions.
Though brief, this procedural moment reflects the rhythm of citizen-judge trials. Citizen judges not only hear both sides but can, with judicial guidance, raise matters needing clarification and later participate in deliberation and judgment.
10Expert report and reoffending risk
According to statements in court, the expert report assessed Mr. Hsieh's overall risk of reoffending as “moderate.” The prosecution argued that differing assessment conditions and technical limitations might have led to underestimating the actual risk.
The observation notes record a phrase approximately like “You cannot use a Ming-dynasty sword / money to behead a Qing-dynasty official.” The exact word and full metaphor await checking against an official transcript or judgment. In context, the prosecution meant that present behavior in detention cannot directly predict risk in a different future setting.
Risk is not only probability
The prosecution compared rain and infectious disease: even a 10% chance of rain may at worst mean getting wet, while a disease with only 1% mortality may still make people fearful of going out. The point was that risk assessment must consider the severity of consequences as well as likelihood.
“In safety, remember danger; in survival, destruction; in order, disorder.”Book of Changes, Appended Statements II
This does not mean treating a person as dangerous forever. It reminds us to consider environment, triggers, and consequences together. Assessment tools offer one perspective; they cannot replace the full evidence of an individual case.
11Self-rationalization and externalizing blame
The prosecution argued that rehabilitation and reintegration are two-way issues: whether the defendant truly understands responsibility and stops blaming others, and whether society can safely receive him in the future. Real rehabilitation is not merely following rules in detention; it means facing responsibility and reducing danger to others.
“When your actions fail, turn back and examine yourself.”Mencius, Li Lou I
Modern criminal interventions' emphasis on responsibility has a similar spirit. Rather than blaming others for failure, rejection, or conflict, one must identify one's own choices before asking whether change has begun.
12Best interests of the children
The prosecution argued that Mr. Hsieh's own actions deprived the children of their mother and destroyed their best interests. Those interests should therefore not become a shield for the defendant to avoid death.
“Care for your own young, and extend that care to others' young.”Mencius, King Hui of Liang I
Children are not symbols in a sentencing debate or tools for endorsing either side. Their best interests begin with hearing their current safety concerns, grief, choices, and need for long-term support.
13The presiding judge questions Mr. Hsieh
This reply was brief. These observation notes do not speculate further about his mental state or infer remorse from silence alone. Any assessment must be considered with the whole of his statements, expert opinions, and evidence.
14Attorney Wang's defense submissions
The defense described Mr. Hsieh as a husband and father who was gradually excluded from his family, whose self-worth was easily shaken by others' attitudes and family relationships, accumulating resistance, resentment, and frustration. This was the defense's explanation of the background, not a transfer of responsibility to the victims.
15The defense's pre-incident timeline
May 17:Mr. Hsieh went to his father-in-law's home, later conflicted with and assaulted his spouse. The defense said he had originally wanted to stand up for his wife and wanted her to return and to see his children.
July 2:Mr. Hsieh said he wanted to take the children out, but was refused.
July 5, 23:17:The defense presented Mr. Hsieh eating hot pot alone while crying to describe his loneliness, loss, and broken family relationships.
Purchase of three tools
Defense counsel showed the actual purchase inventory in court, but the observer could not record all the items, prices, and purchase times. This page does not fill them in independently and awaits the judgment or official transcript before supplementing them.
Other internet searches
The defense stated that besides looking up possible consequences of hitting someone, Mr. Hsieh also searched ordinary information such as part-time jobs. Not all search records could therefore be interpreted solely as part of a murder plan.
16The defense's claim of “emotional collapse”
The defense also asked professional and citizen judges to be aware of their own emotions during deliberation, lest the brutal outcome, powerful stimuli, and controversy displace judgment of the legal requirements.
Emotional state during a crime can inform the court's understanding of intent formation and degree of responsibility. Emotion does not automatically exclude liability; it must be assessed together with preparation, purposefulness, and subsequent conduct.
17Attorney Chen's defense submissions
- The case also included an attempted-offense component.
- It was not a killing following prolonged abuse of the victims.
- Although violent, the methods, the defense argued, did not reach the most extreme brutality among death-penalty cases.
- A complete murder plan had not formed at a very early stage and then been implemented step by step.
The defense argued that planned murder, as discussed by the Supreme Court, requires an explicit plan formed early and carried out accordingly. Heinous circumstances alone do not directly justify the harshest penalty. If correction and rehabilitation remain possible, imposing death is not necessarily required.
Citing the expert report, the defense said Mr. Hsieh's reoffending risk was moderate and could still decrease with appropriate treatment and corrective intervention.
18Life imprisonment, parole, and age calculations
The defense noted that a life sentence must be served for more than 25 years before parole eligibility is possible; it does not mean automatic release after 25 years.
| Defense calculation's starting point | ROC year 115 (2026) |
|---|---|
| 25 years later | ROC year 140 (2051), Mr. Hsieh approximately 71 |
| If parole is granted | 20 years of protective supervision still required |
| After completing that supervision | Approximately 91 years old |
The defense emphasized that Mr. Hsieh does not decide parole himself. The prison must submit the case based on imprisonment and treatment, followed by statutory review that may consider the victims' relatives' views. Authorities can deny parole if rehabilitation is ineffective or risk remains high.
Under current Criminal Code Article 77, a life prisoner must serve more than 25 years and demonstrate genuine repentance before the prison may request Ministry of Justice approval for parole. Under Article 79, only after 20 years on parole without revocation is the unserved sentence deemed completed. This is a threshold for review, not guaranteed release when time expires.
“There is no greater good than correcting one's errors.”Zuo Tradition, Duke Xuan, Year 2
The defense used the possibility of rehabilitation to support preserving life; the prosecution questioned whether change was genuine. A modern reading of this saying cannot mean time passing alone: it must include acknowledging responsibility, ending externalized blame, accepting intervention, and withstanding tests in different environments.
19Defense closing statement
The defense argued that children should retain the possibility of finding answers for themselves when they grow up.
The defense argued that even if the children choose to hate him in the future, Mr. Hsieh should remain alive to personally bear the hatred of the daughter he deeply loves, rather than death ending his possibility of facing responsibility.
This was the defense's value-based argument about the purposes of punishment. The court must independently balance culpability, general and specific prevention, victim impact, rehabilitation prospects, and constitutional requirements.
20First-instance judgment outcome
Public reports stated that the victims' relatives were emotional after the verdict and strongly dissatisfied that death had not been imposed. These notes respect their feelings and remind readers that the first-instance judgment was not final; appellate proceedings could follow.
“The people are the state's foundation; with a firm foundation, the state is at peace.”Book of Documents, Songs of the Five Sons
Law judges one person's responsibility; institutions must learn from the case to protect the next person. Public safety is ultimately not an abstract slogan, but whether someone remains there for a person seeking help after she leaves court and returns to everyday life.
Sources and editorial methods
This article reconstructs on-site observation notes, not an official verbatim transcript. Official court materials take priority in verifying the judgment's disposition; courtroom arguments retain attribution; wording that rapid notes cannot confirm is not invented. If the judgment or official transcript is later released, the article will be updated from those originals.
New Taipei District Court press releaseFirst-instance disposition and summary of reasons ↗Constitutional Court Judgment 113-Hsien-Pan-8 (2024)Death penalty and the most-serious-crimes requirement ↗Laws & Regulations Database · Criminal Code Article 77Parole threshold for life imprisonment ↗Before the Fracture: A Family's Silence and CollapseSocial case feature →
