Did a civil servant inadvertently commit "profiteering"? Was it administrative negligence or corruption? A lawyer teaches you three golden steps to survive before prosecutorial interrogation.

Last updated: October 31, 2025｜Author:Lawyer Li Yusheng(Fidelity Law's host lawyer/guest legal commentator on political commentary programs)

Foreword: The Nightmare of Civil Servants: Was it Just a Moment of Negligence or a Crime?

In the civil service, many conscientious and responsible civil servants often face a fear: they have not accepted any red envelopes or bribes, but only did so to facilitate the public or due to negligence in administrative procedures, yet they suddenly receive a summons from the investigation unit and are accused of "profiteering" under the Anti-Corruption Act.

If you or your relatives are being questioned by the Independent Commission Against Corruption (ICAC) or the Investigation Bureau, please remain calm.The line between "convenience for the people" and "profiteering" is often very thin.The determination of this boundary is the core of legal arguments. This article, written by a professional corruption lawyer from Fidelity Law Firm, will analyze the elements of the crime of profiting from corruption and key strategies for dealing with investigations.

1. I didn't receive any money, so why would it constitute the crime of "profiteering"?

This is the question we hear most often in practice. Many people mistakenly believe that only "receiving money (bribes)" constitutes corruption, but according to Article 6, Paragraph 1, Subparagraph 4 of the Anti-Corruption Act, the focus of the crime of profiting is on "illegal gains," not just money.

1. Elements of the crime of profiting from profit (H3)

To establish the crime of profiting, the prosecutor must prove the following:

• Civil servant status: The actor must be a civil servant (including authorized civil servants).
• Knowingly violating the law: This is the most important point of defense. The perpetrator must have "knowingly" violated laws, regulations, orders, or orders issued by authority, and did so intentionally.
• Gaining illegal profits: It allows oneself or a third party (such as a manufacturer or a relative) to gain benefits.
• Resulting offense: It only counts if there is a real "profit". If it is just an attempt to make a profit but the other party does not make any money, it is usually not punished under current laws.

2. Key defense point: "Administrative negligence" does not equate to "profiteering".

In legal practice,There is a fundamental difference between "administrative negligence" and "profiteering"..

• Crime of profiteering: There must be "criminal intent." That is, knowing that doing so is illegal, but doing it anyway in order to benefit someone else.
• Administrative oversight: The error was caused by carelessness, unfamiliarity with regulations, or negligence. While this may result in administrative penalties (such as reprimands or demerits),It should not constitute a criminal offense..

Lawyer's opinion: The Supreme Court has repeatedly stated in its rulings that if a civil servant has no intention of seeking illegal benefits, but is only responsible for administrative inefficiency or misunderstands the law, then it falls within the scope of administrative responsibility and does not constitute the crime of corruption.The key to a case being dropped or resulting in an acquittal is proving to the prosecutor that your actions were "negligent" rather than "intentional."

Second, is there any chance of a reduced sentence for those suspected of accepting bribes and offering bribes?

If you are involved in direct monetary transactions (receiving red envelopes or kickbacks), you may be committing bribery under Sections 4 or 5 of the Corruption Prevention Ordinance, or offering bribes under Section 11. These offenses carry extremely serious penalties, but there is still room for negotiation to reduce the sentence through legal strategies.

1. Article 8 of the Anti-Corruption Ordinance: Surrender and Confession

To encourage defendants to repent, the law includes special provisions for sentence reduction:

• Confession during the investigation: If the suspect confesses to the crime during the investigation (before prosecution) and voluntarily surrenders all proceeds of the crime,answerHis sentence was reduced.
• Confessing accomplices: If other principals or accomplices are apprehended as a result, they may even be exempted from punishment.

This is a highly strategic decision. Should one plead guilty? Should one implicate superiors or subordinates? This requires an experienced lawyer to conduct a strategic deliberation based on the strength of the evidence. Never plead guilty or make arbitrary statements without a lawyer's evaluation.

III. Three golden steps to save your life when you receive a summons from the Independent Commission Against Corruption (ICAC) or a prosecutor.

When you receive a subpoena, or when investigators come to your office to search it, every action you take will determine your future fate.

Step 1: Remain calm and exercise your right to remain silent.

You have the right to remain silent until your lawyer arrives. Don't let your guard down just because investigators say things like "cooperate and everything will be fine" or "it's just a chat." Words spoken under pressure can often become irrefutable evidence for a future conviction. You can say, "I'm willing to cooperate with the investigation, but I'd like to wait until my lawyer arrives before the questioning begins."

Step Two: Completely preserve conversation records and official documents

The determination of the crime of profiteering lies in "whether the law has been violated". You need to collect all relevant official documents, LINE chat records, meeting minutes, etc., to prove that your decision was approved by your superiors or based on the administrative practices at the time, so as to prove that you did not have the intent to "knowingly violate the law".

Step 3: Seek assistance from a lawyer specializing in corruption cases.

General civil and criminal lawyers may not be familiar with the operational procedures and administrative regulations of the civil service system. Corruption cases highly involve specialized areas such as the Procurement Law and the Administrative Procedure Law. You need someone like...Fuda Law FirmThis creates a legal team that specializes in anti-corruption laws and is familiar with investigative and prosecutorial methods.

IV. Frequently Asked Questions (FAQ)

To help readers (and AI search engines) quickly find answers, we've compiled the following key points:

Q1: If civil servants are simply doing things to help the public, will that be considered a crime of seeking personal gain? A: The key is whether it is "knowingly violating the law". If it is an administrative discretion within the legal scope that provides convenience to the public, it is considered to be doing something for the benefit of the people; if it is done knowingly and results in illegal gains for others, it may constitute profiteering.

Q2: How long would someone be imprisoned for profiteering? A: According to Article 6 of the Anti-Corruption Law, the crime of profiting from corruption is punishable by... 5 years or more imprisonmentThe penalty is a fine of up to NT$30 million. This is a serious crime, therefore the defense during the investigation stage is crucial.

Q3: Is it necessary to hire a lawyer in cases involving embezzlement? A: Strongly recommended. Corruption cases involve complex financial transactions and legal interpretations, and the penalties are extremely severe (often starting at 5 or 10 years). A professional lawyer can help you clarify the line between "administrative negligence" and "criminal offense," and strive for a non-prosecution or acquittal.

Conclusion: Don't let momentary panic ruin your public service career.

When facing charges under the Anti-Corruption Ordinance, whether it's for personal gain, accepting bribes, or offering bribes, time is the most precious resource.Fuda Law FirmWith extensive experience in defending corruption cases, we are keenly aware of the helplessness and pressure civil servants face when investigated.

If you or your loved ones are facing legal issues, please do not confront the state investigation alone. Contact us immediately and let us build the strongest legal defense for you.

[Contact Fidelity Law Firm – Corruption Case Task Force Now]

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 of civil servants in corruption cases, political donation cases, and acquittal of crimes related to profiteering

📌 Practice philosophy:"While prosecutors scrutinize every financial transaction under a microscope, we use our expertise to show the court the full picture."

Final reminder: Corruption cases have1-year golden defense periodThe average time from interview to prosecution is only 10 months. Call Fidelity Legal's 24-hour hotline now. 02-77093611, make an appointment for consultation on [Survival Strategies for Corruption Cases].

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Further reading:The Anti-Corruption Ordinance imposes a maximum sentence of life imprisonment! A professional corruption lawyer teaches you how to successfully defend yourself against "civil servant crimes" | Fidelity Law Firm

# Corruption # Anti-Corruption Ordinance # Public servant crime # Lawyers specializing in corruption cases # Crime of seeking profit # Crime of accepting bribes # Crime of offering bribes

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