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Corruption Prevention Act | Crime of Embezzlement | Defense of Civil Servants Involved in Corruption
Last updated: October 31, 2025｜Author:Lawyer Li Yusheng(Fidelity Law's host lawyer/guest legal commentator on political commentary programs)
When civil servants receive a notification from the Agency Against Corruption, the Investigation Bureau, or the prosecutor, what they fear most is not being questioned, but saying the wrong thing before they have even understood the case.
Many civil servants, who clearly did not accept bribes or kickbacks but were simply acting in accordance with administrative practices and to facilitate the public, have suddenly been suspected of violating the Anti-Corruption Ordinance.Crime of profiteeringThe difference between the crime of profiteering and administrative negligence often lies only in whether one "knowingly violated the law" and "whether one or a third party obtained an illegal benefit."
If you or your relatives have received a summons and been notified to appear before the Independent Commission Against Corruption (ICAC) or the Investigation Bureau, it is advisable to remain calm and preserve the relevant documents before attempting to explain yourself. Corruption cases carry severe penalties and are investigated rapidly. The sooner you have your lawyer review official documents, signed petitions, LINE conversations, meeting minutes, and financial transaction records, the better you can prevent your subsequent statements from becoming distorted.
1. I didn't receive any money, so why might I be considered guilty of "profiteering"?
This is the most common and easily misunderstood issue in corruption cases. Many people believe that only "receiving money" constitutes corruption, but according to Article 6, Paragraph 1, Subparagraph 4 of the Anti-Corruption Act, the focus of the offense of profiting from corruption is not necessarily the public official receiving money, but rather...Knowingly violating the law, yet obtaining illegal benefits for oneself or a third party..
Common elements of the crime of profiteering
- Having civil servant status:This includes those who, in accordance with laws and regulations, serve the state, local self-governing bodies, or those entrusted with the exercise of public power.
- Knowingly violating the law:This is usually the core of the prosecution and defense, and it is necessary to determine whether it was known at the time that it was not permissible.
- To obtain illegal benefits for oneself or a third party:The benefit may be money, or it may be qualifications, licenses, procurement benefits, or other illicit gains.
- The result has occurred:In practice, it is necessary to examine whether the benefit has actually occurred and whether the benefit is illegal.
The defense must first clarify
- What were the laws, interpretations, internal regulations, and administrative practices at that time?
- Do civil servants have discretionary power? Are there instructions from superiors or meeting minutes?
- Are the profits obtained by manufacturers or the public truly "illegal profits"?
- Can the relevant signing, dialogue, and document receiving and sending processes prove that there was no criminal intent?
Lawyer's opinion:Cases involving bribery should not only consider the outcome, but also whether the perpetrator "knowingly violated the law" at the time. If it is merely due to poor administrative efficiency, misunderstanding of regulations, negligence in handling the case, or unclear internal procedures, there is still a chance to argue that it is administrative responsibility rather than a crime of corruption.
II. What is the real difference between administrative negligence and the crime of profiteering?
The difference between "administrative negligence" and "profiteering" often lies not in whether there is an outward appearance of wrongdoing, but in whether there is criminal intent behind the wrongdoing. This is why corruption cases cannot be handled in the same way as ordinary criminal cases; it is necessary to understand the practices of public agencies, administrative procedures, procurement processes, and internal approval culture.
It is more likely to be an administrative oversight.
Examples include unfamiliarity with regulations, oversights in procedures, unclear instructions from superiors, continued adherence to established practices, insufficient administrative efficiency, and errors in paperwork. These situations may carry the risk of administrative penalties, but do not necessarily equate to criminal offenses.
The prosecution may claim that it was for personal gain.
If the prosecution believes that the person knowingly bypassed procedures, relaxed conditions, changed standards, or allowed specific individuals to benefit despite knowing that the law prohibits it, the case may be investigated for profiteering.
Key reminder:Before the first interrogation, don't rely solely on your memory to "explain clearly." In corruption cases, it's often necessary to review official documents, signed petitions, meeting minutes, LINE conversations, emails, procurement documents, and financial transaction data together to determine the safest course of action.
Third, is there any chance for a reduced sentence or a favorable outcome if the suspect is accused of accepting or offering bribes?
If a case involves monetary transactions, bribes, kickbacks, political donations, consulting fees, loans, or other arrangements of interest, it may be investigated as bribery, offering bribes, or other corruption offenses. These cases carry extremely heavy penalties, but that doesn't mean there's no room for defense.
Confessions during investigations and the recovery of proceeds of crime must first be assessed by a lawyer.
The Anti-Corruption Ordinance includes provisions for reduced or exempted sentences such as surrendering oneself, confessing, returning ill-gotten gains, and identifying accomplices. However, whether these provisions apply, when to make the confession, and how to present the confession all affect the subsequent outcome. Pleading guilty hastily without a complete assessment of the evidence may actually put one in a more unfavorable position.
- Strength of evidence:Does the prosecution possess evidence of financial transactions, recordings, witness testimonies, or merely speculation?
- Nature of the benefit:Is it a bribe, political donation, loan, gift, or administrative transaction?
- Confession strategy:Should one remain silent, provide partial explanations, or submit written statements and evidence?
- Detention risks:Is it possible that there are suspicions of collusion, destruction of evidence, or flight?
IV. Receiving a notification from the Agency Against Corruption, the Investigation Bureau, or the District Prosecutor's Office: 3 steps to save your life with gold.
Stay calm and first confirm the identity and the reason for the case.
Upon receiving a summons or notice, first confirm the notifying authority, the cause of action, the time of arrival, and the identity of the person as a witness, defendant, or related party. It is not advisable to rush to provide extensive additional information before the lawyer arrives or conducts an assessment.
Complete preservation of official documents, conversation records, and electronic data
The key to the crime of profiting from others' interests lies in "whether there was knowledge that the law was being violated." Relevant documents, official procedures, meeting minutes, LINE conversations, emails, and internal regulations are often important materials for proving administrative negligence or legitimate discretion.
Consult with a lawyer familiar with corruption cases before the interrogation.
Corruption cases involve administrative law, government procurement, institutional practices, and criminal defense. It is recommended that a lawyer assist in preparing a timeline, a list of evidence, and possible questions before the initial explanation or interrogation.
You can also send the summons, notice, or publicly available case information via Line first:[Contact Fidelity Law Firm – Corruption Case Task Force Now]
V. Frequently Asked Questions (FAQ)
Q1: If civil servants are simply doing things to help the public, will that be considered a crime of seeking personal gain?
The key issue is whether there was "knowing violation of the law." If convenience is provided within the scope of legal discretion, it is usually closer to providing convenience to the public; if it is knowingly prohibited by law and still intentionally allows a specific person to obtain illegal benefits, it may be considered profiteering. The specifics depend on the official documents, the basis for the discretion, and the administrative procedures at the time.
Q2: Is the criminal liability for profiteering severe?
The crime of profiting from corruption is a serious offense. Under Section 6 of the Anti-Corruption Ordinance, it carries a potential sentence of five years or more imprisonment, along with a hefty fine. Therefore, how evidence is gathered and questions are answered during the investigation phase directly impacts the decision to not prosecute, release on bail, prosecute, or the direction of the subsequent trial.
Q3: If I receive a notification from the Independent Commission Against Corruption (ICAC) or the Investigation Bureau, can I go and explain it myself?
While you can cooperate in accordance with the law, it is not advisable to arrive unprepared. Corruption cases often involve details, timelines, and document coherence; inaccurate answers may be interpreted as contradictions or evasiveness. It is recommended to discuss the case, potential issues, and available objective evidence with a lawyer beforehand.
Q4: If a person is involved in accepting or offering bribes, is it necessary to plead guilty in order to have a chance of getting a reduced sentence?
Not necessarily. While confessions, restitution, and identifying accomplices can indeed affect sentencing, the decision to adopt such strategies must first assess the strength of the evidence, the nature of the funds, the content of the conversations, and the risks posed by co-defendants. A hasty guilty plea could lead to irreversible consequences.
Q5: Do companies, manufacturers, or ordinary citizens need to hire a lawyer specializing in corruption cases when bribing public officials?
Yes, it is necessary. The Anti-Corruption Act not only deals with public officials accepting bribes, but may also involve bribery of public officials, intermediaries, transfer of benefits, or joint principal offenses. Businesses or individuals who are summoned for questioning should promptly compile transaction documents, payment records, and conversations.
When dealing with cases under the Anti-Corruption Act, please first solidify your statements and evidence.
Whether it's a case involving bribery, corruption, or bribery, a government procurement dispute, or a case being investigated by the Agency Against Corruption, the Investigation Bureau, or the District Prosecutor's Office, time is usually of the essence. Fidelity Law Firm can assist you in gathering evidence, assessing investigative risks, accompanying suspects during questioning, and planning strategies for non-prosecution, bail, or trial defense.
About the author | Fidelity Legal Attorney Li Yusheng
Current position:Host attorney at Fidelity Law Firm / Guest legal commentator on political commentary programs
Areas of expertise:Defense in cases involving corruption by civil servants, crimes of seeking personal gain, bribery, offering bribes, political donations, and major criminal cases.
Professional opinion:When prosecutors examine a case through financial transactions, dialogue, and administrative procedures, the defense cannot simply cry foul; it must present the context of government decision-making, the legal basis, and the full picture of the evidence.
Finally, a reminder: corruption cases typically have a golden period for investigation. From being questioned, searched, detained, to indictment, each step can affect the final outcome. You can call now. 02-77093611Schedule an appointment for preliminary legal consultation regarding an embezzlement case.
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Frequently Asked Questions
What should a civil servant do if he/she is summoned for questioning due to corruption?
It is recommended to first organize your job authority, decision-making process, transaction records, financial flow and meeting materials, and consult a lawyer before being questioned by the Investigation Bureau, the Independent Commission Against Corruption, or the prosecutor's office.
What are the key points of attack and defense in cases involving seeking personal gain, offering bribes, and accepting bribes?
The focus is usually on whether the law was violated, whether there was a quid pro quo relationship, whether there was an illegal gain, and whether the perpetrator was subjectively aware of the illegality. It is recommended to commission [a legal counsel/organization].Lawyers specializing in corruption prosecution lawsTo assist.
Can bail be granted or travel restrictions lifted in corruption cases?
An assessment can be made, but it depends on the suspicion of the suspect, the state of the evidence, the risk of escape or collusion, and the alternative measures that can be proposed.
Related topic groups and service portals
If you encounter legal issues similar to those described in this article, you typically need to consider contracts, financial transactions, records, company documents, and litigation risks simultaneously, rather than just looking at a single legal provision. Below is a summary of related topics and services offered by Fidelity Law Firm that can be further explored after reading this article.
Extended Theme Group
Frequently Asked Questions
What is the most important thing before being questioned in a corruption case?
First, the scope of duties, administrative procedures, cash flow, contact records, and the consideration that may be identified by the prosecution should be confirmed.
What is the difference between the crime of profiteering and administrative negligence?
The crime of profiteering usually requires examining whether there was knowledge of violating the law and whether a specific person gained an illegal benefit; a crime cannot be presumed simply because of a poor outcome of an administrative decision.
Can private manufacturers also be involved in corruption cases?
Possibly. If interactions with public officials involve money, improper benefits, or procurement interests, they may be examined to determine whether they constitute bribery or complicity.
Further Reading on the Risks of Corruption and Civil Servant Investigations
If you are dealing with company, responsible persons, contracts, financial transactions, investigative, or litigation risks, it is recommended that you first organize the facts, documents, and potential legal proceedings together, rather than relying on a single keyword. The following content can help you explore related topics further and quickly determine your next steps.
Embezzlement, bribery, accepting bribes, seeking personal gain and the risks of investigation by public officials
Major criminal and corporate executive risks
What civil servants need to do when facing corruption investigations
The "Reservoir Theory" of Corruption Cases
Major criminal and corporate executive risks
What civil servants need to do when facing corruption investigations
The "Reservoir Theory" of Corruption Cases
What should you be aware of when being interviewed by the Independent Commission Against Corruption (ICAC) or the Investigation Bureau regarding a corruption case?
The identity of the person notifying you, the suspected crime, their job authority, the decision-making process, the flow of funds and related documents should be clarified first. It is not appropriate to answer the question based on impressions alone, such as the reason for the official act or the receipt of funds.
How to distinguish between the crime of profiteering and administrative negligence?
The crime of profiteering typically examines whether there was knowledge of illegality, whether a specific person obtained an unlawful benefit, whether the discretion of office deviated from the purpose of the law, and whether there was consideration or an improper relationship.
Why should you seek legal counsel as early as possible in a corruption case?
Corruption cases involve severe penalties and intensive investigations. Early statements and seized documents often influence the direction of subsequent defense. Organizing work procedures and evidence in advance can reduce the risk of misjudgment.
If you need legal assistance to determine the next step, you can first organize the above documents and timeline, and then contact Fidelity Law Firm for assistance in assessing the direction of the process. Contact Fidelity Law Firm