The Anti-Corruption Ordinance imposes a maximum sentence of life imprisonment! A professional corruption lawyer teaches you how to successfully defend a civil servant in a corruption case | Fidelity Law Firm

What to do if a civil servant is investigated for corruption? Taipei corruption lawyer: These 3 situations are the most dangerous!

When receiving a notification from the prosecutor's office regarding the Anti-Corruption Act, you should first confirm the identity of the person notifying you, the specific charges, and the stage of the proceedings. The elements for establishing bribery, seeking personal gain, defrauding others of property, and offering bribes differ from the statutory penalties and cannot be generalized. You can first contact...Lawyers handling corruption casesVerify the facts, laws, and existing evidence, and then assess how to respond to the questioning and preserve the information.

Fidelity Law Firm assisted in handlingCorruption cases involving civil servants and related criminal casesThis analysis examines legal liability based on employment relationships, financial transactions, and case files. The following outlines basic crime types, investigative preparation, and statutory conditions for mitigation or exemption.

How serious is the Anti-Corruption Ordinance? These actions could easily break the law!

Different offenses under the Anti-Corruption Ordinance must have their constituent elements and legal liabilities verified separately:

1. Accepting bribes in violation of official duties: Article 4, Paragraph 1, Item 5, the statutory penalty is life imprisonment or imprisonment for a term of not less than 10 years, and may be subject to a fine of not more than 100 million yuan. The violation of official duties and the consideration for the bribe or improper benefit must be examined.
2. Accepting bribes in the course of one's official duties and defrauding others of property by taking advantage of one's position: These are judged according to Article 5, Paragraph 1, Subparagraph 3 and Subparagraph 2 respectively, with a statutory penalty of imprisonment for a term of not less than seven years and a fine of not more than NT$60 million. The former cannot be mistakenly classified as accepting bribes in violation of one's official duties, while the latter requires further examination of the fraudulent methods and all illegal intent.
3. Profiteering: Article 6, Paragraph 1, Subparagraphs 4 and 5 require a distinction between matters of supervisory or administrative authority and those of non-supervisory authority, examining whether there was knowledge of a violation of the laws listed in the article, for personal or other unlawful gain, and for which the perpetrator profited. The statutory penalty is imprisonment for a term of not less than five years, and may be subject to a fine of not more than NT$30 million; flaws in administrative procedures or the revocation of an administrative order do not automatically constitute the crime of profiteering.
4. Bribery: Article 11 stipulates that bribery involving conduct contrary to official duties is punishable by imprisonment for not less than one year but not more than seven years, and may also be subject to a fine of not more than 3 million yuan; bribery not involving conduct contrary to official duties is punishable by imprisonment for not more than three years, detention, or a fine of not more than 500,000 yuan, or both. Bribery may also be established by non-civil servants, and the relationship between the offer, agreement, or delivery and the official conduct must be examined.
5. Unexplained source of property: Article 6-1 has specific prerequisites; an increase in property does not automatically presume bribery. It requires involvement in one of the crimes listed in the article. During the investigation, the prosecutor discovers that the increase in property of the individual, their spouse, or minor children within three years after the alleged crime is significantly disproportionate to their income. The individual is ordered to explain the source of the suspicious property, and the prosecutor must determine if there is a legitimate reason for not providing an explanation, being unable to provide a reasonable explanation, or providing a false explanation. The statutory penalty is imprisonment for up to five years, detention, or a fine up to the amount of the unexplained property, or both. Article 10 stipulates that property whose source cannot be proven after being ordered to do so under Articles 4 to 6 is considered proceeds of crime. This provision cannot be confused with the elements of the crime in Article 6-1.

Many civil servantsI think I'm just doing a favor,orI think this is an unspoken rule in the industry, but was found guilty of corruption. Especially in recent years, the investigation and prosecution methods have become more and more sophisticated.Line conversations, communication records, and financial flow trackingAny of these may become evidence in court and must not be taken lightly.

How can civil servants recover from corruption? Taipei's corruption lawyer offers three key strategies.

1. Before being questioned: Confirm identity and preserve information.

• Clarify the facts before making a statement.Do not write down confessions or expressions of remorse based on speculation before understanding the alleged crime and relevant information; whether to confess and its legal consequences should be assessed based on the actual facts and legal conditions.
• Verify the timeline and procedural rights with your lawyerDistinguish between matters personally known, relayed, and uncertain; state facts based on true memory; do not provide inconsistent statements or fabricate evidence.
• Organize the complete evidence: Including meeting records, official correspondence, and conversations on communication software, these may become the key to overturning the verdict.

2. Defense focus: The crime of corruption actually has some room for attack!

Corruption cases should be investigated by verifying the position, benefits, and evidence against the specific charges, rather than using a fixed formula for acquittal.

• Verify the quid pro quo relationship between position and benefits.Birthday gifts, loans, or gifts do not automatically absolve one of liability; the background of the payment, the flow of funds, and the preceding and following actions should be examined, and one cannot presume bribery simply by receiving payment.
• Verify legal requirements based on specific factsThe absence of a written or explicit request does not necessarily mean there was no bribery involved; nor should administrative misconduct be directly equated with the crime of seeking personal gain.
• Questioning the strength of the prosecution's evidence(For example: Was the Line conversation taken out of context? Was the monitored translation incomplete?)

3. Surrender, confession, and return of proceeds: The legal requirements differ.

Whether statutory reduction or exemption applies must first be determined by confirming the charge, the time of the statement, and the circumstances of the surrendered funds. It is not sufficient to simply say that pleading guilty or repaying money guarantees a reduction in sentence.

• Surrender for crimes listed in Articles 4 through 6According to Article 8, Paragraph 1, if a person surrenders himself/herself after committing a crime and voluntarily surrenders all proceeds of crime, his/her sentence should be mitigated or waived; if other principals or accomplices are subsequently apprehended, the provision for waiver of their sentence shall apply. Simply paying the fine does not equate to fulfilling all the conditions.
• Confession during the investigation of crimes listed in Articles 4 through 6According to Article 8, Paragraph 2, if a person confesses during an investigation and voluntarily surrenders all proceeds of crime, their sentence may be reduced; if other principals or accomplices are subsequently apprehended, their sentence may be reduced or waived. Surrender is different from confession, and merely giving one's name does not automatically qualify as "subsequent apprehension."
• Bribery is subject to Article 11, Paragraph 5.For the crimes listed in the first four items of this article, those who surrender themselves to the authorities are exempt from punishment; those who confess during investigation or trial may have their punishment reduced or exempted. The rules of Article 8 cannot be applied indiscriminately. Performance evaluations and other character information are sentencing data, but do not replace the elements of a crime or statutory conditions for reduction or exemption; probation also requires other statutory conditions to be met.

Fuda Law FirmLawyer Li YushengHe participated in the second instance defense of a major assistant fund embezzlement case. In the first instance, he was sentenced to eight years and six months imprisonment. The second instance court overturned the embezzlement conviction and instead charged him with two crimes under Article 214 of the Criminal Law, each with a six-month sentence, commutable to a fine. The court provided a detailed analysis of the actual work, numerous pieces of evidence, the flow of funds, and the intent behind the illegality. See details.Assistant Fee Case: Second Instance Reversal of JudgmentThis is not a verdict of acquittal, probation, or a total of six months, nor does it constitute a conclusion; other cases still require independent judgment.

How does Fidelity Law Firm assist in corruption cases?

1. Clarify investigative procedures and evidentiary disputes

Our firm assists clients in confirming their investigative identity, official authority, and suspected conduct, and compiles the necessary information for questioning, search, seizure, and detention procedures. In the event of procedural disputes regarding searches or wiretapping, the Code of Criminal Procedure, the Communications Security Act, and the Surveillance Act must be applied; we cannot guarantee that all evidence will be excluded.

2. Verify legal requirements against objective data.

Legal analysis must be compared with the facts and verifiable information within the case file:

• Separate analysis of bribery and profit-seekingAccepting bribes requires examining the consideration between the position and the benefits; seeking personal gain requires verifying elements such as knowingly obtaining illegal or unlawful benefits; the absence of bribes does not mean that seeking personal gain is impossible.
• Separate confirmation of civil servant status and accomplice responsibilityArticle 10, Paragraph 2 of the Criminal Code, Articles 2 and 3 of the Anti-Corruption Ordinance, and Article 31 of the Criminal Code must be examined together; non-civil servants may also be involved in accomplice or bribery liability, and cannot be excluded in all cases.

3. Comprehensive defense from investigation to the third trial

Our firm assists in accordance with procedures in accompanying defendants during questioning, organizing and preserving evidence, submitting criminal defenses, and presenting grounds for appeal. The functions of the second and third instance trials differ; a third instance trial requires a judgment that violates the law. Retrials and extraordinary appeals each have their own statutory grounds and procedures. Extraordinary appeals are initiated by the Prosecutor General in accordance with the law, and parties may submit petitions according to law, not by filing them voluntarily with the court.

Accidentally violated the Anti-Corruption Ordinance? Take 3 corrective actions immediately!

1. Avoid publicly discussing the case or contacting witnesses to reach a consensus.First, confirm the procedures and statements with your lawyer, and then exercise your right to respond based on the true facts.
2. Save all relevant information: Includes official documents, emails, meeting minutes, and communication software conversations.
3. Contact a lawyer promptlyWe will provide notice, current procedures, and important deadlines. Our lawyers will assess the course of action based on available information. We do not guarantee the outcome in advance.

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Before accepting the interview, one can also discuss...Preparations for Civil Servants Facing Corruption InvestigationsVerify existing notices and documents.

Further reading

The corruption case lasted 8 years and 6 months in the first instance, and the second instance overturned the corruption conviction: How should the case of the councilor's assistant fee be judged?

Does falsely declaring a legislator's assistant's expenses necessarily constitute a serious crime under the Anti-Corruption Act? In this case, the first instance court sentenced one defendant to eight years and six months imprisonment. The second instance court, after reviewing the actual content of the assistant's work, objective data, and the use of funds, overturned the original judgment and instead charged the defendant with causing a public official to make false declarations. The core of the case lies in the application…

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# Corruption # Anti-Corruption Act # Public servant crimes # Lawyers specializing in corruption cases # Taipei corruption lawyers # Fidelity Law Firm

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Legal basis:Corruption Act,Article 10 of the Criminal Law,Article 31 of the Criminal LawThis article provides general legal information; specific cases must be judged based on applicable laws and evidence.