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The Anti-Corruption Informant Rewards and Protection Regulation

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  • Last updated:2018-11-01
  • Count Views:1907
Article 1   This regulation is enacted pursuant to paragraph 1, Article 18 of the Anti-Corruption Act.
Article 2   The corruption & malfeasance cases referred to in this regulation mean these offences as follows:
1. The offences prescribed in Article 4 to 6 of the Anti-Corruption Act.
2. The offences prescribed in paragraph 1 of Article 121, paragraph 1 & 2 of Article 122, Article 123 and paragraph 1 of Article 131 of the Criminal Code of the Republic of China.
3. The offences prescribed in paragraph 1 of Article 9 and paragraph 1 of Article 10 of the Smuggling Penalty Act.
4. The offences prescribed in paragraph 1 of Article 19 and Article 20 of Punishment Act for Violation to Military Service System.
5. Public servant who takes advantage of authority, opportunities, means in his or her capacity to commit the crimes prescribed in paragraph 1 to 5 of Article 4, Article 5, paragraph 1 to 4 of Article 6, paragraph 1 & 2 of Article 12 of the Narcotics Hazard Prevention Act
6. Public servant who intentionally harbors those who commit the crimes prescribed in the preceding subparagraph
Article 3   Informants who reported to prosecutor offices, judicial police authority or government employee ethics units of undiscovered corruption & malfeasance cases shall be issued a reporting reward in accordance with this regulation (hereinafter referred to as “the Reward”).
Article 4   The Reward shall not be issued in any one of the following circumstances:
1. The fact reported is not consistent with that indicated in the Court’s written judgment.
2. The public servant who is aware of any suspicious corruption & malfeasance case in performing his or her duties reports the offense.
3. Informants join, solicit, or aid another party in a corruption & malfeasance offense.
4. A person who promises, or gives a bribe or other improper benefits to a public servant intentionally and then report the set up offense.
5. Informants report anonymously or with a fictitious name, or report without presenting specific evidences or refuse to take a statement
6. Informants entrust others to report, report in the name of others, or are commissioned to report.
In the case of the Subparagraph 2 of the preceding paragraph, if it is otherwise provided by the statutes, such statutes shall be followed.
Article 5   The reward shall be increased by one-half portion if more than five offenders are convicted by the Court in the same corruption & malfeasance case reported. The maximum reward shall not exceed NTD 10 million.
The same corruption & malfeasance case defined in the preceding paragraph shall consist of the circumstances including multiple offences committed by one offender, single or multiple offences jointly committed by several offenders, or one conviction judgment.
Article 6   The reward shall be equally distributed to every informant when multiple informants jointly report on the corruption & malfeasance case. Also, multiple informants respectively report on the same corruption & malfeasance case shall share the rewards equally if their order in seniority cannot be judged.
In the circumstance that the same corruption & malfeasance case is reported by several informants successively, the Reward shall be granted to the first one who presents concrete evidence; the other informants who present significant and direct evidences that help solving the case may be granted discretionary Reward within the amount specified in paragraph 1 of Article 7.
Article 7   A one-third portion of the Reward calculated based on the criteria listed in the appendix table shall be granted to the informant if the corruption & malfeasance case is convicted by the court. After the final guilty judgment has been entered, the informant shall receive the remaining Rewards.
In the circumstances that the Reward shall not be issued that the facts reported by the informant are correspond with the Subparagraph 1, paragraph 1, Article 4, however, the Review Commission prescribed in Article 8, paragraph 2 of this Regulation approves and considers that the reported facts are significantly helpful in solving the case, withal the conviction is affirmed by court, a one-tenth portion of the Reward calculated based on the criteria listed in the appendix table may be awarded.
The Reward shall be issued after deduction of tax payable.
According to related regulations set forth in the Civil Code, the heir shall take the Reward if the Informant has passed away.
Except as provided in the provisions set forth in Article 11 of this Regulation, the rewards granted shall not be recovered.
File Appendix Table:Rewarding Criteria for Reporting Corruption & Malfeasance Cases.doc
Article 8   The informed agency shall grant the rewards to the informant after submitting the prosecutor’s indictment, the court’s judgment and relevant information to the Ministry of Justice for approval of rewards without initiating the rewards request from the informant. The Informant may also submit his application to the informed agency for rewards after the court hands down the conviction judgment.
The Ministry of Justice shall organize a Review Commission by convening representatives from the Supreme Prosecutors Office, Agency Against Corruption in the Ministry of Justice (AAC), the Investigation Bureau in the Ministry of Justice, the Department of Prosecutorial Affairs of the Ministry of Justice. The official function of the Review Committee is to review the matters pertinent to the granting of the Reward. The Review Commission may invite the processing official in the informed agency to appear and clarify the case.
Article 9   The corruption & malfeasance case report shall be made in writing or verbally.
A written report shall specify the following information and shall be signed, affixed the seal or fingerprinted by the informant:
1. The Informant’s name, gender, date of birth, ID document number, residence or domicile address, the serving agency, school, organization and the accused’s name or distinct characteristics.
2. Fact of corruption & malfeasance.
3. Evidence.
A verbal report which specifies in detail shall be transformed into records by the informed agency, and signed, affixed the seal or fingerprinted by the informant, while in the case reported by phone call specifying in detail, the informed agency shall notify the informant to take statements at a designated place.
Article 10   The informed agency shall keep confidentiality on materials including but not limited to the report and records prescribed in the preceding article, and file the documents separately without attaching them into the investigation file. However, the prosecutor or the judge may access the materials to investigate a case as necessary, so may the related authority in order to verify the matter pertaining to the Rewards.
Parties who disclose the materials prescribed in the preceding paragraph without due cause shall be punished pursuant to the Criminal Code or other laws.
Article 11   If the informant falsely accuses others of committing corruption & malfeasance and is later convicted by the Court, the Rewards granted to the informant shall be retrieved by the informed agency.
If the informant in the preceding paragraph is deceased, the informed agency is entitled to retrieve the Rewards from the informant’s heir.
Article 12   The safety of the Informant shall be protected; any threat, intimidation or other illegal act against the Informant shall be severely punished pursuant to the law.
Article 13   The Prosecutor offices, judicial police authority or government employee ethics units shall set up a dedicated phone, answering machine, mailbox, fax machine or other communication equipment for reporting of corruption & malfeasance cases.
Article 14   The Reward of the corruption & malfeasance case prior to the amendment and enactment of this regulation shall be governed by the regulations effective at the time of the report accepted.
Article 15   This Regulation is set to be effective on the date of promulgation.
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