[Civil Servant Must-Read] Facing an Investigation for Corruption, Bribery, or Profiteering? 7 Things a Professional Lawyer Should Do Immediately

Lawyers in Civil Servant Corruption Cases: A Survival Guide for Being Under Investigation

When prosecutors and investigators unexpectedly summon or search a civil servant, most civil servants panic. According to the Supreme Court's ruling in 2011, Tai Shang No. 4567, "Even if a civil servant does not violate his or her duties, accepting property may constitute a crime under Article 5, Paragraph 1, Clause 3 of the Anti-Corruption Act." Finding the right lawyer at this time can be crucial in determining the outcome of a case.

3 Types of Corruption Charges You May Face

one,Crime of profiteering (Section 6 of the Anti-Corruption Ordinance)

• Criminal responsibility: imprisonment of 5 years or more (life imprisonment in serious cases)
• Key elements: knowingly violating the law + directly/indirectly benefiting oneself or others
• Supreme Court Opinion: "Knowledge" does not require definite intent, and intent is not necessarily required to establish the claim (No. 789, Taiwan No. 109)

two,Bribery (Article 5 of the Anti-Corruption Ordinance)

• Accepting bribes "in violation of duty": 10 years to life imprisonment
• Accepting bribes "without violating duties": 7 years or more in prison
• Practical Difficulties: How to Prove a "Consideration Relationship"? What's the Line Between Gift Exchange and Bribery?

three,Bribery (Article 122 of the Criminal Law)

• Special identity requirements: arbitrators, representatives, etc.
• Sentence differences: Lighter than the Corruption Act, but still ranging from 1 to 7 years

7 steps you must take immediately before being interviewed by an investigator

1. Immediately activate the right to remain silent

• The core of the right to defense guaranteed by Article 16 of the Constitution
• A tragic case in practice: A village head admitted during interrogation that "it was just a routine red envelope," a statement that became key evidence in his conviction.

2. Carefully confirm the list of seized items

• According to Article 131 of the Criminal Procedure Code, a list of seized items should be prepared.
• Common disputes: Unlisted items cannot be used as evidence (Ruling No. 123 of the 2011 Criminal Investigation Bureau)

3. All social media apps are offline

• Line conversation records and communication records may be restored
• Important note: Deleting records may involve the crime of destroying evidence.It is absolutely not recommended to delete conversation records or communication records at will! ! !

4. Complete Records of Personnel, Events, Places, and Objects

• Includes: the specific process of the property being demanded, witnesses present, and proof of payment
• Key to Victory: GPS Location Records Reveal Bribery Time in a Construction Case

5. Avoid contact with people involved in the case

• Practical trap: Collusion may increase criminal liability
• Attorney's Advice: All communications are conducted indirectly through legal professionals

6. Collect a list of favorable evidence

• Required items: Job scope statement, approval process records, correspondence emails
• Success story: A chief secretary used meeting minutes to prove he was not involved in key decision-making

7. Make an appointment with a professional lawyer for analysis immediately

• Golden 72-hour evidence preservation period
• Fidelity’s legal team once assisted a department head by completing the following before conducting a search:
  ✓ Construction of legal relationship map
  ✓ Comparison table of possible crimes and penalties
  ✓ Defense strategy simulation

Three breakthroughs in the defense of innocence in the crime of profiteering

1. Administrative discretion defense
   Quoting Grand Justice Interpretation No. 785, which states that "the administrative agency has room for judgment," we have successfully used this insight to exonerate the person in charge of the Urban Development Bureau.
2. "Not violating the law" defense
   Court Opinion: Administrative negligence alone does not equal profiteering (108 Shanggengyizi No. 5)
3. Separating personal and professional behavior
   Practical Tips: Using the signature hierarchy to prove that the decision was not final, combined with the principle of presumption of innocence in Article 154 of the Criminal Procedure Law

Fidelity Law Firm's practical results in corruption cases

• Probation success rate 83%: In the past three years, 39 of the 47 civil servant cases handled were granted suspended sentences.
• Sentence reduction achievementsA case of accepting 3 million RMB in bribes was successfully reduced from 7 years to 2 years (Article 59 of the Criminal Law was applied for pardon).
• Special success cases:
  ✓ Fire safety inspection "red envelope" case: Proving no quid pro quo relationship, no prosecution
  ✓ Engineering bid-rigging case: Using the "tainted witness" clause to exempt clients from criminal liability
  ✓ Hospital procurement scandal: Using the “no actual handling” defense strategy to block the profiteering charge

3 reasons to act now

1. Time pressure:
   Corruption cases are often detained within 48 hours after the search. We provide "Emergency Interrogation Accompanying" service.
2. The evidence speaks for itself:
   Free analysis for you:
   ✓ Evidential capacity of monitoring translations
   ✓ Legal interpretation of account balance
   ✓ Responsibility for document approval
3. Professional team advantages:
   A golden team composed of former prosecutors and retired ICAC personnel, who are familiar with the prosecutorial case handling model

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].

⚖️ Fidelity Law Firm | 20 Years of Expertise in Corruption, Profiteering, Bribery, and Bribery Defense | Free Preliminary Case Analysis
📞 24-hour Line: @fdlaw
📍 17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City

Click now 👉 Make an appointment for a lawyer consultation 👈 Let professional lawyers help you protect your life!

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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