Veteran hiker Yu Jinhe and six others formed a team to trek through the southern section of the Central Mountain Range. During the hike, he suffered severe abdominal pain and had to drop out of the group. Aside from a teammate surnamed Jian who stayed with him, the other four men and one woman abandoned him. Yu later died in the Taoyuan mountain area of Kaohsiung City. The Kaohsiung District Prosecutors Office indicted the five indifferent companions for negligent homicide.
On January 24, 2012, Yu Jinhe, along with Shen, Cheng, Fang, Lian, Jian, and Chen, formed a team to hike the southern section of the Central Mountain Range. Shen served as the team leader, and the trip was scheduled to end on January 29. Unexpectedly, at around 5 a.m. on the final day, 65-year-old Yu Jinhe suddenly experienced severe abdominal pain and had to drop out due to his condition, with Jian staying by his side.
That evening, 43-year-old female teammate Chen suggested turning back to assist Yu Jinhe in descending the mountain, but 63-year-old Fang criticized her, saying, “I can’t even handle myself, so don’t tell others what to do.” As a result, the five decided to rest for the night on their own. In the early hours of the next day at around 3 a.m., Yu and Jian, having no water to cook with, had Jian go down the mountain in the dark to fetch water from the others.
“Diao shan, diao shan!” (meaning Yu Jinhe was in trouble), Jian shouted in Taiwanese when he reached his teammates’ container hut to seek help. However, 53-year-old team leader Shen only gave him water and painkillers, refusing to heed Jian’s plea to go up the mountain to assist. At around 10 a.m. on January 30, Yu still felt abdominal pain and was physically weak, so he asked Jian to find someone to call for help.
Jian went down the mountain to report the situation to the Liouguei police. When he returned to the campsite that evening, Yu had already died from septic shock caused by acute peritonitis. Team leader Shen and three firefighters arrived at the scene at around 9 a.m. the next morning.
The coroner concluded that Yu would not have died if he had received medical treatment earlier. As a result, the prosecutors indicted Shen and the other five for negligent homicide.
The prosecutors stated that failing to help someone in need is a form of “omission.” Hiking groups, diving teams, and other “dangerous collectives” are legally considered groups where members have a mutual duty to prevent danger and support one another. However, Shen and the others abandoned Yu when he fell ill, which clearly constitutes a criminal act of omission.