DPP Taipei mayoral candidate Shen Boyang's article discussing drug policy sparked a debate. The Kuomintang and Taipei Mayor Chiang Wanan questioned his advocacy of decriminalizing drugs and supplying drugs in the community. Shen said he was introducing harm reduction measures from various countries. Several prosecutors from the Civil Crime Unit who have handled drug cases pointed out that prosecution and sentencing may not eliminate drug addiction. In addition to investigating criminal liability, handling cases must also assess the need for addiction treatment to prevent users from falling into a cycle of "drug abuse, jail time, and drug abuse again after release."
A prosecutor who did not want to be named said that when handling drug abuse cases, in addition to confirming the type of drug and urine test results, it is also necessary to understand the suspect's drug use process, past treatment status, and whether he has a stable job and family support. Why the defendant continues to use drugs and where the addiction treatment was interrupted will all affect the choice of case treatment.
The prosecutor continued that there was a case where a suspect suffered severe physical discomfort due to the use of amphetamines. At first, he wanted to help others to detoxify, but he lacked the will. It was only after attending mindfulness courses that he gradually understood the reasons for the use and learned to cope with the cravings during drug addiction. He also reduced the chance of being exposed to drugs again by blocking dating apps, limiting cash, and seeking help from psychosomatic departments.
Regarding the question that treating drug users as patients may promote drug abuse, some prosecutors pointed out that it is necessary to distinguish between drug trafficking and use. Drug trafficking cases focus on tracing supply sources, transactions and cash flows; drug trafficking cases must not only confirm criminal facts, but also assess the extent of addiction and treatment needs. The use of first- and second-level drugs is still criminally liable, and introducing addicts into treatment does not mean that they are exempted from legal responsibility.
Another prosecutor mentioned that if the suspect returns to the environment where he was originally exposed to drugs after being punished, and does not continue to receive treatment, he may still use drugs again. Therefore, based on individual cases and professional assessment, through deferred prosecution and life-long addiction treatment and other systems, he can be required to receive treatment, counseling and follow-up to reduce the risk of recidivism. If he violates the conditions that should be fulfilled and meets the reasons for revocation, deferred prosecution may still be revoked and the prosecution may be re-indicted.
As for the recent controversy over harm reduction policies, some senior officials from the Ministry of Justice believe that in addition to the number of arrests and prosecutions, the effectiveness of anti-drug abuse depends on whether the abusers continue to receive treatment and whether they are involved in the crime again. After judicial intervention, the case should be tracked to see whether it has interrupted medical treatment, and help connect the case with employment and family support; if the case is still unemployed, lacks support, and returns to the original environment of drug exposure, it may lead to drug abuse again, forming a cycle of repeated entry and exit from the judicial system.
