What is the crime of corruption? If I accept money from a manufacturer, is this considered a crime of corruption? What are the constituent elements of the crime of corruption? What are the relevant legal provisions?

The crime of corruption refers to the behavior of civil servants or specific personnel who take advantage of their positions to illegally obtain illegitimate benefits. In Taiwan, the Corruption Crime Ordinance is legislation specifically targeting corruption crimes. Its purpose is to prevent and punish civil servants from abusing their powers and committing illegal acts. The following are the main elements of the crime of corruption:

1. Main elements

The perpetrators of corruption crimes must have specific identities, which mainly include:

• civil servant: According to the definition in Article 10 of the Criminal Law, civil servants include persons who are selected, appointed, and appointed in accordance with the law, or persons who are entrusted by the state or local self-government organizations to perform duties.
• other specified persons: Agents responsible for public affairs, private personnel assisting in the performance of official duties, and persons entrusted to exercise public power in accordance with the law or contract, etc., may all constitute the subject of corruption crimes.

2. object elements

The crime of corruption violates the integrity and legitimacy of the state or public institutions. Specifically, this involves civil servants using their positions to engage in illegal activities, thereby undermining the integrity expectations that the state or society has for civil servants.

3. behavioral requirements

Behavioral elements refer to illegal acts committed by civil servants or specific personnel in their duties, which are mainly divided into the following types:

• take bribes: Refers to civil servants or specific personnel taking advantage of their positions to accept or solicit illegal property, or promise to accept illegal benefits. For example, accepting money, property, services, etc. from others.
• profiteering behavior: Taking advantage of the influence of one’s position to illegally seek benefits for oneself or others, such as obtaining illegitimate benefits through abuse of power, bending the law for personal gain, etc.
• Illegal conduct in other positions: If you take advantage of your position to illegally dispose of property, or even deceive or conceal key facts to obtain benefits.

4. subjective elements

The perpetrator of the crime of corruption must meet the subjective element of "intentionality", that is, the perpetrator knows that his behavior is illegal, but still deliberately carries out the behavior. This means that the perpetrator not only knows his identity and position, but also understands that his actions will violate laws or norms.

5. causation

The actor's illegal behavior must have a causal relationship with the acquisition of illegal benefits. In other words, it is precisely by using his or her position that the perpetrator is able to realize or facilitate the acquisition of improper benefits.

6. Illegality and Liability

Finally, corruption must be illegal and accountable. The actor cannot commit illegal acts in the name of legal acts and must be an actor who can bear legal responsibility.

Criminal liability for corruption

According to the Corruption Offenses Ordinance, upon conviction of a corruption crime, the perpetrator may face serious criminal liability. The specific punishment depends on the nature of the behavior and the severity of the circumstances. For example, if a public servant causes significant damage or social impact due to corruption, he may face up to life imprisonment. In addition, there will be additional penalties such as confiscation of illegal gains and deprivation of public rights.

in conclusion

The constituent elements of the crime of corruption are relatively complex, requiring the perpetrator to have a specific identity and to have committed illegal acts to seek illegitimate benefits while on duty. In practice, judicial authorities need to examine the perpetrator's identity, behavior, intention and method of obtaining benefits based on the specific circumstances to determine whether the crime of corruption has been established. Therefore, understanding the constituent elements of corruption crimes can help prevent civil servants from abusing their powers and ensure the integrity of the public service system.

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