Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
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
- 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. - "Not violating the law" defense
Court Opinion: Administrative negligence alone does not equal profiteering (108 Shanggengyizi No. 5) - 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
- Time pressure:
Corruption cases are often detained within 48 hours after the search. We provide "Emergency Interrogation Accompanying" service. - The evidence speaks for itself:
Free analysis for you:
✓ Evidential capacity of monitoring translations
✓ Legal interpretation of account balance
✓ Responsibility for document approval - 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!
# Corruption # Anti-Corruption Ordinance # Public servant crime # Lawyers specializing in corruption cases # Crime of seeking profit # Crime of accepting bribes # Crime of offering bribes
Fuda Law Firm
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw
Frequently Asked Questions
What should a civil servant do immediately if they are investigated for embezzlement, bribery, or seeking personal gain?
First, confirm the nature of the case, the agency that summoned or questioned the defendant, and whether the person is a defendant or a witness. Immediately organize the division of responsibilities, approval processes, and relevant official documents and records. If the case may involve search, detention, or serious criminal liability, it is recommended to contact a criminal lawyer as soon as possible.
Can I have a lawyer accompany me if I am summoned for questioning by the Investigation Bureau, the Agency Against Corruption, or the District Prosecutor's Office?
Yes. In cases involving corruption, profiteering, bribery, offering bribes, or official misconduct, having a lawyer present can help clarify the scope of the issues, confirm the contents of the transcript, and avoid adverse statements due to nervousness or misunderstanding.
Why do corruption cases require lawyers familiar with major criminal cases?
Corruption cases typically involve administrative processes, procurement, document approvals, financial records, and multiple defendants or witnesses. Lawyers need to be able to handle criminal defense, evidence analysis, detention risks, and investigative strategies simultaneously.
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
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