Study on the Criminal Liability of Offering a Bribe to ensure no Breach of official Duties.

• Main Authors: Meng-HsungWu, 吳孟勳
• Other Authors: Chen-Chung Ku
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/65bs9r

碩士 === 國立成功大學 === 法律學系 === 104 === The penalty for bribery in accordance to Taiwan’s criminal laws does not include situations of offering a bribe to ensure no breach of official duties. Instead, it was added as an amendment to the Anti-Corruption Act in 2011. Its reasons were, in addition to eliminating the “red envelope” culture, as well as to ensure that justice, efficiency, and the establishment of trust in the people of the civil operations, the reduced penalty provision seemed to have also revealed that, to include this as a crime, it would force the briber to confess or surrender in order to exchange for a reduced or zero sentence, would help with overcoming the dilemma of the difficulty in police investigations due to these briberies often having high level of privacy. However, since this crime was established in the legislation, the number of cases where judgments has been established against these crimes in practice is scarce. While there have been a lot of discussions in terms of the abolishing of civil servant bribery and corruption offences ordinance in the academic field, there has been very little attention paid to the discussion of this crime. The items that this article seeks to discuss are that, in addition to the legal interests and the significance of the various key elements, whether the classification of the crime of offering a bribe should be similar to that of the crime of accepting a bribe, which are based on whether there was a breach of official duties, or if there are other potential key elements, should no doubt be discussed as well. As for the incrimination issue of offering a bribe to ensure no breach of official duties, it cannot be rationalized solely based on considerations for the litigation strategy. Therefore, this article will discuss the necessity and rationalization for the punishment for offering a bribe to ensure no breach of official duties, from the aspects of the briber’s intent and legal interest infringement results, the typical definition of danger for an offender of abstract danger, the basis of punishment for the instigator, and the last resort of criminal law.