A hiker, Yu Jinhé, and a man surnamed Shen formed a mountaineering team. Yu left the group due to abdominal pain and later died from septic shock caused by acute peritonitis. Five teammates accused of negligent homicide were acquitted.

The Kaohsiung District Court verdict stated that Yu and the man surnamed Shen, along with four others, formed a team in 2012 (Republic of China Year 101) to trek the southern section of the Central Mountain Range. Yu, suffering from severe abdominal pain, separated from the group. A teammate surnamed Jian stayed behind to accompany him, while Shen and the other five continued descending. Yu later died from septic shock caused by acute peritonitis.

Investigations by prosecutors and police revealed that Jian visited the Endemic Species Research Institute and informed Shen and the others about Yu’s condition. He also reported the situation to the Liouguei Precinct of the Kaohsiung City Police Department to initiate a search and rescue operation. However, by the time they reached the campsite, Yu had already passed away.

The forensic pathologist concluded that Yu could have survived with timely medical treatment. Prosecutors from the Kaohsiung District Prosecutors Office believed that Shen and the others had abandoned their teammate when he was unwell, which could be considered a criminal omission. In May of this year, they indicted Shen and the other five for negligent homicide.

The Kaohsiung District Court concluded that whether the “omission” of Shen and the other five met the criteria for both “negligent crime” and “omission crime” needed to be assessed—if any one criterion was not met, the charge would not stand, nor could they be held criminally liable. Moreover, the defendants faced limitations in space, rescue capability, and lack of tools, making it impossible for them to prevent Yu’s death.

The Kaohsiung District Court ruled that Shen and the other five could not have foreseen that Yu’s abdominal pain might lead to death, nor were they able to secure immediate medical assistance for him. It was also difficult to establish that the five had violated their duty of care as team leaders or fellow hikers. They were therefore acquitted. The case can be appealed. 1031212

(CNA)