ROC Legislature OKs illicit gains seizure bill

2015/12/21

Amendments to the ROC Criminal Code were passed Dec. 17 by the Legislature, expanding the scope of confiscation orders pertaining to gains through criminal acts or means.

The bill authorizes the court to seize illicit profits, including any purchases made using interest from illegally obtained income by natural or juridical persons like corporations. Presently, the penalty can only be enforced on the former.

In addition, the confiscation penalty takes on an independent legal capacity as opposed to its previous status as supplementary punishment. This enables the court to recover ill-gotten income without a principal penalty sentence in place.

Vice Minister of Justice Chen Ming-tang said the revisions also remove previous restrictions preventing the judiciary from chasing dirty money. “Under the new framework, prosecutors can file an independent appeal to seize illicit gains from those convicted of crimes or their estates.

“It similarly applies to cases exceeding maximum time periods under the statute of limitations.”

Separately, the Ministry of Justice proposed changes to the Code of Criminal Procedure in an effort to strengthen the prosecution process.

The new amendments are viewed as a significant boost in Taiwan’s campaign to crack down on those making profits out of adulterated oils and tainted foods. Previous legal actions were often thwarted as the existing law stipulates that confiscation of illicit gains can only be imposed on natural persons but not corporations.

The bill is expected to take effect in July 2016.

Source: Taiwan Today (http://taiwantoday.tw/ct.asp?xItem=240380&ctNode=2194&mp=9)