1. Analysis of the three most common crimes committed by civil servants

1. Crime of profiteering (Section 6 of the Anti-Corruption Ordinance)

• Criminal liability:More than 5 years to life imprisonment
• Key elements: knowingly violating the law + intention to profit
• Case Study: A department head was prosecuted for relaxing project specifications. Our firm successfully acquitted him by finding room for administrative discretion.

2. Bribery (Article 5 of the Anti-Corruption Ordinance)

• Differences in sentencing:
  ✓ Breach of duty:More than 10 years to life imprisonment
  ✓ Not in violation of duties:More than 7 years
• Defense focus: Proof of severing the "consideration relationship"

3. Bribery (Article 122 of the Criminal Law)

• Especially applicable to: specific identities such as representatives of the people and arbitrators
• Defense strategy: Proving "non-job-related behavior"

2. 7 Things You Must Do When Prosecutors and Investigators Visit Your Home (Including the Latest Court Insights)

When agents from the Independent Commission Against Corruption (ICAC) or the Investigation Bureau ring the doorbell and present a search warrant, panic is your biggest enemy. Raids by investigative agencies often occur in the early morning, aiming to exploit information gaps to extract unfavorable testimonies. Please remain calm and follow these 7 steps; they will determine whether you are released on bail or face detention and incommunicado confinement.

1. Confirm the content and scope of the "search ticket".

Don't be intimidated by their imposing manner. Politely but firmly request to see the search warrant.

• Check informationConfirm the "name of the person being searched" recorded on the confirmation ticket.,Is the address completely correct?
• Pay close attention to the "search scope".Search warrants issued by judges usually have limited scope (e.g., desks only, accounting office only). If the investigator attempts to access private documents outside the scope of the search, you have the right to object on the spot and request that it be recorded.

2. Exercise the right to "contact a lawyer"

This is an absolute right granted to you by the Criminal Procedure Law.

• Call nowTell the investigator, "I need to contact my lawyer."
• During the waiting periodYou can cooperate with the search until the lawyer arrives, but for any inquiries, it is recommended that you [do not inquire further].Remain silentDo not casually discuss the case with investigators.

3. Insist on the "right to remain silent": I won't say anything unless my lawyer comes.

"I relied on my lawyer's professional advice and remained silent until the lawyer arrived." Please repeat this sentence over and over. Corruption cases are complex, and investigators often use tactics like "it's just a chat" or "cooperate and everything will be fine" to induce you to cooperate. Remember, every word you say in informal conversations can be recorded and used as evidence in court later.

4. Handling Digital Evidence (Mobile Phone/Computer) [Latest Court Insights]

This has become a hot topic in legal battles in recent years.

• Password provision problemThe investigator will ask you to unlock your phone or provide a password.
• Latest InsightsBased on the Constitutional Court and recent practical insights,Search warrants must clearly state whether the device is an "electromagnetic record" or a "digital device".Furthermore, if the data is stored in the "cloud" (not on the local hard drive), the prosecution may not arbitrarily log in and download it without special permission for the cloud.
• Action RecommendationsUnless advised by a lawyer, do not proactively assist in unlocking or providing cloud account passwords, so as not to expand the scope of investigation.

5. Carefully check the "List of Seized Items".

After the search is completed, the investigators will prepare a seizure list.

• Check one by oneConfirm that the amounts of checks, ledgers, cash, and USB drives taken away are recorded correctly.
• Request a copyBe sure to obtain a copy for your records, as this will be an important basis for your lawyer to review the case files and formulate a defense strategy.

6. Never "delete data" or "contact accomplices".

This is a big no-no! Many people panic and rush to delete Line messages or call their colleagues to coordinate their statements.

• as a result ofIf these actions are discovered (and can be reconstructed by digital forensic analysis), the prosecutor will charge them with "potential destruction of evidence and collusion."On the grounds that, they filed a petition with the court."Detention and incommunicado confinement." In order to secure bail, please maintain the status quo and refrain from any unnecessary actions.

7. Fight for the rights to "rest" and "access to the transcript".

If the interrogation lasts too long (e.g., overnight), you have the right to request a break. Please read the transcript carefully before signing.

Right to CorrectIf the record does not match your original intention (for example, you said it was a "loan", but the record says "money transfer"), please insist on making corrections until it is accurate before signing.

III. Fidelity Legal's Three Exclusive Defense Techniques

Technique 1: Cracking the Prosecution’s Evidence Chain

• Legality review of monitoring translations
• Reasonable interpretation of the trajectory of capital flow

Technique 2: Tainted Witness Negotiation

• Strive to become a witness in accordance with Article 252 of the Criminal Procedure Law

Technique 3: Sentencing Negotiation Strategy

• Our unique "Sentence Prediction Model" has an accuracy rate of 92%

IV. Seeking a lawyer for those convicted of embezzlement – Emergency Assistance Form

1. Basic information (confidentiality clause)
2. Brief description of the case (files can be uploaded)
3. Most pressing issues:
   □ Already summoned for questioning □ Will be searched □ Worried about being implicated

V. Successful Case Studies

Cause of action	Prosecutor's sentence	Our defense results	Key Strategies
Project Bribery Case	7 years	2 years (suspended sentence)	Proof that the amount is a loan
Procurement for the benefit of manufacturers	9 years	Not guilty	Administrative discretion defense
Fire safety inspection red envelope	5 years	No prosecution	Cutting off job duties

VI. Frequently Asked Questions about the Regulations on the Punishment of Corruption: Lawyers Explain the Key Aspects of Criminal Liability and Sentence Reduction

A: This is the most common point of attack and defense in corruption cases.

• ConvenienceThis refers to civil servants providing convenience to the public within the "scope authorized by law," and the process being legal.
• TuliThis refers to a civil servant who "knowingly violates the law" but deliberately uses their power to obtain illegal benefits for themselves or others. Fidelity Law Firm's ViewThe key to the prosecution's charge of profiteering lies in proving that the public official had "subjective intent." The defense strategy involves reviewing administrative procedures and regulations to demonstrate that the action fell within the reasonable scope of "administrative discretion," striving to prove otherwise.No prosecution or not guilty.

Q2: Will I always be imprisoned if I am convicted of embezzlement? Is there any chance of probation?

A: The Anti-Corruption Ordinance is considered a serious crime (such as accepting bribes, with a minimum sentence of 7 years). However, it's not entirely without opportunity. According to the regulations, if the following conditions are met, there is a chance to appeal.Sentence reductionevenprobation:

1. Confession during investigation: Confess to the crime during questioning by the prosecutor.
2. Recover the proceeds of crimeAutomatically surrender all illegal gains.
3. Minor offenseThe proceeds of the crime are less than NT$50,000. If the aforementioned mitigation provisions (Article 59 of the Criminal Code) can be accurately applied, coupled with a lawyer's sentencing defense, there is a high chance of avoiding imprisonment.

Q3: I am a civil servant. If I am convicted of a crime, will my pension be canceled?

A: This is often the consequence that the person involved fears most. According to the "Civil Servants Retirement, Severance, and Compensation Law," if a civil servant commits a crime of corruption and is sentenced (including probation), they may face the following consequences:

• Deprivation of pensionThose sentenced to death, life imprisonment, or imprisonment for more than 7 years shall have all their retirement pensions revoked.
• Reduce pensionThose sentenced to 3 years or more but less than 7 years will have their sentence reduced by 20% – 50%. Strategy ReminderTherefore, a lawyer's goal in court is not only to "avoid jail time," but also to do everything possible to reduce the sentence in order to protect your retirement rights after a lifetime of dedication.

Q4: Even though I'm not a civil servant, can I still be charged with embezzlement? (Issuance of identity)

A: Yes, the scope of the anti-corruption law is broader than most people imagine.

• Authorized civil servantsFor example, personnel from non-governmental inspection agencies who are entrusted by the government to exercise public power.
• Accomplices to public officialsIf ordinary citizens (such as manufacturers) and civil servants jointly commit corrupt acts (such as bribery or bid-rigging), according to the theory of complicity in criminal law, non-civil servants will also be subject to severe penalties under the Anti-Corruption Act.

Q5: What should I do if I accidentally receive a gift box or red envelope from a manufacturer?

A: The method of handling will determine whether a crime has been committed. If the money or property was received "unknowingly" or cannot be returned immediately, it should be handed over to the civil service ethics unit for registration and filing in accordance with the "Code of Ethics for Civil Servants". Fidelity recommendsIf you have been interviewed by prosecutors, do not make arbitrary statements such as "it was a loan" or "a favor" before your lawyer has reviewed the evidence. False statements often become irrefutable evidence for future convictions.

Q6: What should I do during an investigation and search? Can I remain silent?

A: Facing surprise searches and interviews by the Independent Commission Against Corruption (ICAC) or the Investigation Bureau:

Contact a lawyerThe initial statements taken during the investigation of corruption cases are crucial.Fuda Law FirmWe offer emergency escort services to ensure you are not subjected to leading questions during interrogations.

keep CalmConfirm search ticket content.

Exercising the right to remain silentYou can say, "I'll speak only when my lawyer arrives."

Our criminal lawyer group specializes in criminal prosecution and not guilty plea, and has the following advantages:

Main service areas:Taipei District Court,Taipei District Prosecutor's Office,New Taipei District Court,New Taipei District Prosecutor's Office,Shilin District Court,Shilin District Prosecutor's Office,high court,Supreme Court

Lawyer's Recommendation on Anti-Corruption Law: How can civil servants facing extremely heavy sentences for corruption secure probation and sentence reduction?

The Anti-Corruption Act is a serious law that public officials are most reluctant to face, yet are most likely to inadvertently violate due to momentary negligence. Compared to fraud or embezzlement under ordinary criminal law, the penalties for corruption are often severe, starting with "seven years" or "ten years".

At Fidelity Law Firm, we have handled numerous cases involving public officials under investigation for misreporting overtime pay, travel expenses, or embezzlement. When faced with questioning by the Independent Commission Against Corruption (ICAC) or prosecutors, the initial legal strategy is crucial, as it directly determines whether subsequent opportunities for reduced sentences, probation, or even non-prosecution can be secured.

The two core types of corruption

1. Crime of defrauding others of property by taking advantage of one's position

This is currently the most common type of crime committed by civil servants. Examples include: inflating overtime pay, falsifying travel expenses, and defrauding assistants' fees by elected representatives. Although the amounts are sometimes small, the minimum penalty stipulated by law is...imprisonment for seven years or moreThis is why many civil servants are shocked when they receive summonses: "I only overreported by a few thousand yuan, how could it become a seven-year serious crime?"

2. Crime of accepting bribes (embezzlement and accepting bribes)

This refers to a public official demanding, making promises, or accepting bribes or other improper benefits in the course of their duties. If it involves "accepting bribes in violation of official duties" (taking money to do wrong), the penalty is even higher.More than ten yearsStarting from that point, the sentence could even be life imprisonment.

Key defense strategy: How to obtain a reduced sentence or probation?

Faced with such severe criminal charges, the value of a professional lawyer lies in assisting the client to utilize the "special commutation clauses" under the Anti-Corruption Ordinance. If executed precisely, it is possible to significantly reduce the sentence, or even secure probation and avoid imprisonment.

1. Confession during the investigation: If a person confesses to a crime during the investigation stage (before the prosecutor files charges), their sentence should be reduced according to law.
2. All proceeds of crime shall be recovered: If he voluntarily surrenders all his illegal gains, his sentence should be reduced in accordance with the law.
3. Minor offenses (profits less than 50,000 yuan): If the amount embezzled is less than NT$50,000 and the circumstances are minor, there is a possibility of being eligible for more favorable sentence reduction provisions.

[Frequently Asked Questions] Corruption Prevention Ordinance Q&A

Q1: How long is the sentence for a civil servant suspected of embezzlement? Is there any chance of probation?

A: The Anti-Corruption Act carries extremely severe penalties; for example, the minimum sentence for "abusing one's position to defraud others" is seven years or more. However, if certain conditions are met, such as confessing during the investigation, returning all proceeds of crime, or having proceeds of crime below NT$50,000, there is a legal possibility of obtaining a reduced sentence or probation. Therefore, the initial defense strategy in a case is crucial.

Q2: Is it considered embezzlement if a civil servant falsely reports overtime pay or assistant fees?

A: Yes, this typically constitutes "fraudulently obtaining property by taking advantage of one's position" under the Anti-Corruption Act. While the amount may be small, it is a serious offense (sentenced to imprisonment for seven years or more), significantly different from general fraud under criminal law. It is recommended that public servants facing such investigations immediately consult a professional lawyer to clarify applicable legal issues.

Q3: Can ordinary citizens who accept or offer bribes also be charged with embezzlement?

A: The Anti-Corruption Act primarily regulates public officials, but ordinary citizens who "jointly commit" crimes with public officials (such as acting as fronts or accomplices) or who bribe public officials (without violating the crime of bribery in the course of their duties) are also subject to punishment. Even non-public officials may be subject to relevant laws if they are involved in government tenders or public affairs.

What to do when the Independent Commission Against Corruption (ICAC) or prosecutors come to your door?

If the case has entered the investigation process, please remember:The written record is key to conviction..

Before clarifying the facts of the case, never casually admit "I had the intent to embezzle" or arbitrarily accuse others. Fidelity Law Firm's team of specialist lawyers can assist you in analyzing financial transaction evidence to determine whether it constitutes only administrative negligence rather than a criminal offense, or, if necessary, assist you in plea bargaining to retain your public office or obtain the maximum leniency.

⚖️ Urgent consultation on corruption cases

Your career and freedom cannot be risked. If you face any legal issues, please contact our firm immediately for an assessment by a senior criminal lawyer.

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