Foreign Caregiver Sentenced to 6 Months for Abandoning Patient

Chiayi: A caregiver of Indonesian nationality has been handed a six-month prison sentence, convertible to a fine, by the Chiayi District Court for abandoning a helpless patient. Cicih Nurhayati, the defendant, will be deported after serving her term, according to the verdict released last Thursday. The case can be appealed.

According to Focus Taiwan, the court found the caregiver guilty of violating Article 294 of the Criminal Code. This article stipulates that anyone who is bound by law, order, or contract to support or protect a helpless person but abandons the person or fails to provide necessary support or protection to preserve their life, shall be punished by imprisonment for not less than six months but not more than five years. The court stated that the six-month penalty, the lowest allowed under Article 294, was issued based on the defendant’s confession and the minimal damage caused by the crime.

The court’s decision was based on information provided by prosecutors in their indictment. The Indonesian caregiver was employed in March 2020 as a live-in 24-hour caregiver to a man surnamed Lin, who suffers from spinal muscular atrophy and chronic respiratory failure with symptoms of hypoxia. Lin requires constant care to prevent life-threatening situations, such as nasal obstruction or issues with his respirator.

In September 2021, after her request for leave was denied, Cicih packed her belongings and left the residence at around 1 a.m., leaving behind Lin, who was unable to survive on his own. Later, Lin used the voice-activation function on his mobile phone to call his mother, who had hired Cicih, to inform her of the situation.

Cicih admitted to the crime during police questioning shortly after it occurred but repeatedly failed to respond to prosecutors’ summons. She was later indicted for abandoning a helpless person in violation of her contractual duties, as per the indictment filed in December 2021. Since that time, the Indonesian national had been unaccounted for until she reappeared earlier this year and surrendered to the court.

When asked by CNA about the court’s verdict, Kadir, a labor affairs analyst at the Indonesian Economic and Trade Office to Taipei (IETO), stated that they “respect the legal process that is underway in Taiwan.”