Man Who Decapitated Mother Acquitted in Second Ruling|桃園男子殘忍弒母案 二審無期改判無罪


In 2018, a Taoyuan City resident surnamed Liang used a knife to decapitate his mother and threw the head from their 12th floor apartment. He was sentenced to life in the first ruling. A second ruling acquitted him on the grounds that he was on drugs during the incident and therefore not in control of his actions.


This man surnamed Liang walks out of the courthouse, and softly tells the assembled reporters, "thank you" before he is whisked away by health officials.

In 2018, Liang used a knife to attack his own mother, decapitated her, and threw her head out of their 12th floor apartment into a courtyard below, frightening neighbors. The first ruling found that he had a drug-induced mental disorder, which affected his recognition ability, and sentenced him to life. The ruling was appealed, and the second ruling reversed the original ruling and acquitted Liang.

The defendant has been found innocent. During the fact confirmation process, it was found that the defendant had murdered a blood relative. The reasons why he was found innocent are because the defendant said he had taken amphetamines before the incident and urine and hair tests of the defendant after the incident showed the presence of not only amphetamines, but also acetone-based drugs.

The court determined that Liang was a long-time drug user and took amphetamines and cathinone-class drugs prior to the incident. A psychiatric evaluation found the defendant acted precisely at the time when the effects of the cathinone-class drugs were the strongest and he lost his recognition ability. His sister and neighbors all confirmed that he got along with his mother, so there was no motive. Therefore, the court cited Article 19 of the Criminal Code, which says "an offense is not punishable if it is committed by a person who has a mental disorder or defect and as a result is unable or less able to judge his act or lack the ability to act according to his judgment" in acquitting Liang. The court also placed him in the custody of Taoyuan City's Department of Public Health.

The two rulings are completely opposite, and this ruling doesn't meet society's expectations. With regards to what we can do, we will work with a psychiatric hospital and recovery institutions to carry out the best professional evaluation.

People might misunderstand this ruling, so I urge everyone, especially young people, not to think that they can do whatever they want just because they lose their recognition ability due to alcohol or drugs.

The Taiwan High Prosecutors' Office has decided to appeal this ruling. Liang will be taken to a medical clinic for another assessment. If he meets the requirements for hospitalization, he will be placed in a medical emergency ward. The majority of patients stay hospitalized for six to eight weeks and are transferred to the chronic disease ward or recovery institutions after treatment. If he doesn't meet the requirements for hospitalization, he will be placed under the care of nursing institutions. Meanwhile, the Taoyuan District Prosecutors' Office announced that Liang was sentenced to detainment, preventing this assessment from proceeding.

There is a related detention in this case that he needs to serve, so the district prosecutors' office will shortly send someone here to take him away.

Liang was handcuffed and transferred to the Taoyuan District Prosecutors' Office to serve a 55-day sentence for assault. He needs to complete this sentence before the evaluation can take place.



走出法院門口,面對記者提問,只是雙手合十、小小聲的說了一句「謝謝」,就被衛生局人員帶上車,這名梁姓男子,2018年涉嫌拿刀砍殺自己的母親,並將母親的頭顱丟到社區一樓中庭,嚇壞不少社區住戶,一審認定他吸毒導致精神障礙,在案發時辨識能力減弱,判決無期徒刑,全案上訴後,二審則逆轉改判無罪。

台北高等法院行政庭長 洪于智表示:「判決被告無罪,在事實當中,認定被告確實有殺害直系血親、尊親屬。那認定無罪的理由如下,第一點,是被告承認在案發前,有食用安非他命。另外,被告在案發之後,經過採集尿液以及毛髮鑑定的結果,他另外除了安非他命外,也有適用丙酮類的毒品。」

合議庭認定,梁姓男子因爲長期施用多種毒品,案發前也吸食了安非他命及卡西酮類毒品,根據醫院精神鑑定結果更顯示出被告在行為時,正好處在卡西酮類物質作用最強的時期,導致他失去辨識能力,而他的姊姊、附近鄰居都證實,他與母親平時相處和睦,缺乏犯案動機,因此,適用刑法第19條第1項規定,「行為時因精神障礙或其他心智缺陷,致不能辨識其行為違法之能力者」,不罰,判決無罪,並責付桃園市衛生局。

桃園市長 鄭文燦表示:「兩次判決,是完全南轅北轍。那這個判決,並不符合社會大眾認知,那屬於我們可以做的部分,我們會配合精神專科醫院、療養機構,做最好的專業評估。」

法務部長 蔡清祥表示:「法院判決,怕傳達一個錯誤的訊息。所以我要呼籲一般民眾,還有青少年朋友,不要誤會,你以為喝酒、吸毒,讓自己陷於一個無辨識能力的狀況下,就可以為所欲為。」

針對這起案件,高檢署已經決定上訴,而梁姓男子被衛生局委由醫療院所診斷,如果符合住院條件,會安置於院內急症病房,一般病人大約住院6到8週,治療後再轉往慢性病房、復健機構等,如果不符合住院條件,會請衛生局交由護理機構等院所管理,不過,診療前,地檢署突然通知,梁姓男子因案被判拘役確認,必須入監,讓評估中斷。

桃園衛生局心理健康科長 洪健翔表示:「這個個案,他還有相關的拘役,必須要執行的部分,所以待一會兒,地檢署這邊會派人,來將個案帶走。」

梁姓被告被上手銬腳鐐,移送桃園地檢署,由於他先前犯下「傷害罪」,被處拘役55天,得先執行完畢,後續才能進行精神評估。