Recently, news reports often show the following situation: some government officials or legislators privately hint to business owners, “If you don’t make some arrangements, the case may not go smoothly,” while suggesting that they can help appease local concerns. The business owner, after thinking it over, decides to send gifts or sponsor events during festivals in hopes of maintaining a good relationship with the officials. Later, the official is indicted by prosecutors — at this point, will the business owner also end up behind bars?

Let’s first see what the law says: the Anti-Corruption Act

The Anti-Corruption Act is a special law established to prevent public officials from engaging in corrupt acts such as accepting bribes, seeking illicit gains, or extorting property through their official duties. It also supplements the gaps in the Criminal Code regarding the misconduct of public officials.In this case, when an official hints to a business owner that “the case will go smoothly only if you take care of things,” it may violate Articles 4 and 5 of the Anti-Corruption Act (hereinafter the same):

1. Bribery in violation of official duties: This refers to a public official who, in exchange for performing an illegal act within their official duties (such as approving something that should not be approved), requests, agrees to receive, or accepts a bribe or other improper benefit from a citizen. Such an official may face imprisonment of over 10 years or life imprisonment, and a fine of up to NT$100 million.

2. Bribery not in violation of official duties: This refers to a public official who lawfully assists or promotes a case within the scope of their duties but still demands a bribe from the public. Such an official may face imprisonment of over 7 years and a fine of up to NT$60 million.

As for the business owner's actions of “giving gifts or sponsorships,” they fall under Article 11 of the same law:

1. Bribery in violation of official duties (by the giver): If a citizen provides specific benefits to induce a public official to violate their duties and thereby obtain unlawful gains (such as illegal permits), this constitutes “bribery in violation of official duties.” The giver may face imprisonment of 1 to 7 years and a fine of up to NT$3 million.

2. Bribery not in violation of official duties (by the giver): If the citizen's intention is merely to facilitate or speed up the case, without causing the public official to violate their duties, it constitutes “bribery not in violation of official duties.” The giver may still face imprisonment of up to 3 years and a fine of up to NT$500,000.

Legislative consideration: the confession leniency clause

From the above, it can be seen that the penalties for bribery are lighter than those for accepting bribes. This is because legislators considered that in most cases, business owners do not offer gifts on their own initiative — rather, it is due to repeated hints or pressure from public officials, compelling them to “show sincerity.” The real culprits deserving harsh punishment are the public officials who abuse their authority.

At the same time, the law also provides a confession leniency clause. According to Article 11, Paragraph 5 of the same Act, if a citizen voluntarily confesses during the investigation by prosecutors, the punishment may be reduced or exempted. This allows those who accidentally cross the legal line a chance to seek leniency.

Additionally, if a public official not only “hints” but directly “demands a price” or explicitly threatens potential harm for noncompliance, this may constitute extortion by abuse of authority. In such cases, whether the citizen's act of gift-giving still constitutes bribery becomes a significant point of legal debate.

How to “legally give gifts” without breaking the law

At this point, the public might feel that the boundary between “bribery” and “courtesy” is blurry. In fact, public officials are not completely prohibited from receiving gifts, but the act must comply with the Civil Servants Service Act, the Ethical Standards for Civil Servants, and the Procurement Personnel Code of Ethics, among other regulations.

Citizens are advised, when giving gifts, to carefully consider the recipient's status and the reason for the gift. Evaluate the type, value, and frequency of gifts. Beyond maintaining ordinary social courtesy, avoid any involvement of vested interests that may cause misunderstanding.
 

Giving a gift is not necessarily bribery, but be cautious whenever a public official's duties are involved!

In routine dealings with government agencies or public officials, even slight carelessness could entangle one in corruption-related disputes. Therefore, while expressing goodwill through gifts, entertainment, or introductions, it is crucial to maintain legal awareness, refuse any suggestive solicitation, and — most importantly — seek professional legal assistance if entering a gray area or suspected of involvement in corruption. This is the only way to promptly develop the best defense strategy and assert your rights at critical moments.

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