Closing a Major Loophole in Taiwan’s Anti-corruption Statute


June 10, 2011

A heavily criticized loophole in the Anti-corruption Statute will finally be closed as the proposed amendment passed the third reading at the legislature on June 7.  Under the existing law, it is unlawful for a person to give, or promise to give, a bribe to a civil servant in return for such civil servant to act in breach of his duties. The issue that has plagued the legal community is when there is no evidence to suggest the civil servant has deviated from his duties but has been proven to receive a bribe or be promised a bribe. Obviously, it is difficult to hold the giver of the bribe to liability. As a result, there had been reports that some wealthy businessmen alleged paid great sums of money to civil servants as a form of insurance and were not found to have liability although their counterpart, the receiving civil servants, were found to violate the anti-corruption law, which resulted in a public outcry. It is hoped that the amendment will restore the public confidence and improve the overall efficiency of the government.