貪污治罪條例,圖利罪,公務員貪污

Is Ko Wen-je facing another new case? The demolition of the Zhongxiao Bridge approach road is suspected of involving bribery. The Taipei District Prosecutors Office is investigating the case. Lawyer Li Yu-sheng explains the elements and criminal liability of the crime of bribery under the Anti-Corruption Act.


Is Ko Wen-je facing another new case? The demolition of the Zhongxiao Bridge approach road is suspected of involving bribery; the Taipei District Prosecutors Office is investigating the case. | Huang Guocheng, reporter for FTV News

News link:https://youtu.be/T-LvmWk66dg?si=VdQNBe_xk8VRgJy8

Ko Wen-je, the founding chairman of the Taiwan People's Party, was sentenced to 17 years in prison in the first instance for corruption, and there may be more unexploded bombs to come. Last week, the Agency Against Corruption summoned witnesses to investigate the "Zhongxiao Bridge approach demolition project" of the Ko government. The witness's letter has now been released, pointing out that the construction methods did not match the tender specifications. The safer but more expensive "cutting method" was changed to the cheaper but dangerous "breaking method", reducing the project cost from NT$310 million to less than NT$30 million. The Taipei District Prosecutors Office is also investigating the case separately.

Lawyer Li Yusheng of Fidelity Law Firm stated that Huangchang Construction's construction methods did not match the tender content, which may involve forgery, fraud, and other crimes. If the subsequent investigation finds that the Taipei City Government may have protected the contractor or even received kickbacks, it may be involved in the Anti-Corruption Act, such as profiteering, bribery, or accepting bribes. The case may even be extended to the then-mayor of Taipei.

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Frequently Asked Questions

What are the core issues in cases involving profiteering?

The crime of profiteering typically examines whether a public official knowingly violated the law, whether a specific person gained an unlawful benefit, and whether administrative discretion or procedural flaws were excessively criminalized.

What should a civil servant prepare when under investigation for alleged corruption?

The relevant laws, official document approvals, meeting minutes, decision-making processes, division of responsibilities, supplier communications, and instructions from superiors should be compiled and a lawyer should be consulted to assess whether there is a reasonable basis for discretion.

Does the Tuli case require a lawyer to accompany the suspect during interrogation?

It is recommended. Cases involving the pursuit of personal gain often involve administrative procedures and legal interpretations. Inaccurate descriptions of laws, discretions, or the attribution of benefits in the transcript may have adverse effects.

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