Telephone
02-77093611
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@fdlaw
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17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City

Reporter Hsu Hsiang-yun from Sanlih News
News link:https://youtu.be/Xfqr_HIbhwY?si=ZXC0UwTH5zHDL2O8
On the day of Ko Wen-je's landmark verdict, which garnered nationwide attention, a large number of media outlets and members of the public gathered outside the courthouse. This was in response to this significant and pivotal case.Attorney Li Yusheng of Fidelity Law FirmInvited to conduct live broadcasts from the courtroom and various news media outlets, Attorney Li provided an objective and professional analysis of the legal core behind the judgment. In the interview, Attorney Li clearly pointed out that the biggest legal battleground in this case lies in the […].Corruption Act" in "BriberyThe determination was made based on Article 6, Paragraph 1, Subparagraph 4 of the Act. The subjective and objective elements constituting the crime of profiteering are very strict. It requires that a public official, in matters under their supervision or management, "knowingly violates the law" and "directly or indirectly seeks illegal benefits for themselves or other private individuals, thereby obtaining those benefits." Attorney Li further explained, citing the Supreme Court's practical insights (such as the Supreme Court's Judgment No. 3082 of 2012), that the prosecution must bear a strict burden of proof, demonstrating that the perpetrator had the subjective intent to profit, and that objectively, there was indeed a "violation of the law" and the "obtaining of illegal benefits." This not only tests the completeness of the prosecution's evidence gathering but also highlights the importance of seeking prosecutors with extensive practical experience when dealing with such highly complex cases.Corrupt lawyerHelping to clarify the legality of financial transactions and administrative procedures is absolutely crucial to protecting the litigation rights of the parties involved.
As society's expectations for a clean and efficient government continue to rise,Civil servants involved in corruptionCases involving corruption often face immense public pressure and coercive measures (such as detention and prohibition of visitation) even in the early stages of investigation. Attorney Li Yusheng, at the end of the interview, specifically appealed to all officials, from high-ranking officials to lower-level civil servants, that if unfortunately implicated in allegations of corruption or embezzlement, they should not panic and make statements detrimental to themselves. In such situations, it is crucial to immediately engage a professional...Defense lawyer for embezzlementIntervention is crucial. Attorney Li has summarized the following three main steps for individuals and government employees facing such legal risks:
Precisely construct grounds for excluding illegal acts: By having professional lawyers analyze complex administrative regulations and past precedents, they can provide prosecutors or judges with concrete arguments that the administrative action constitutes "legitimate administrative discretion" rather than "knowingly violating the law for personal gain," thereby fundamentally undermining the prosecution's elements of a crime.
Remain silent and seek a defense immediately: Before a lawyer arrives to accompany you, make good use of the right to remain silent granted by law to avoid misinterpretation of legal terms (such as the distinction between "administrative discretion" and "violation of law"), which could result in a misinterpretation of your statement.
Preservation of key administrative documents and meeting minutes: Whether a case of embezzlement for personal gain is convicted often depends on whether the decision-making process complied with the administrative regulations at the time. Please work with your lawyer as soon as possible to review and preserve any favorable documents, meeting minutes, and expert endorsements to prove that there was no subjective intent to profit.
Further reading:Special Zone for Corruption Cases Involving Civil Servants
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