The legislature yesterday approved an amendment to the Anti--Corruption Act (貪汙治罪條例) that expands the scope of activities it covers and increases the penalties for public officials who are unable to explain the origins of suspicious assets or property, or who lie about the source of such assets.
Under the current act, within three years of a public official being found guilty of corruption, prosecutors can demand proof of the origins of the assets of the defendant if the total assets of the defendant, their spouse or children exceed the latest declaration under the Public -Functionary Disclosure Act (公職人員財產申報法).
After the amendment comes into effect, prosecutors can demand that civil servants suspected of corruption declare the origins of their assets if the increase in their assets is disproportionate to the increase in their income in the three years following the allegations.
If a defendant refuses to offer an explanation or if the explanation proves to be false and the defendant is found guilty of corruption, they would face a prison sentence of up to five years, up from the current three years, or a fine of no more than the value of the assets of undeclared origin, or both.
The amendment also -stipulates that not only public officials suspected of corruption should be subject to the compulsory declaration of their property and assets, but also those suspected of malpractice, profiteering from the sex trade and involvement in gambling, organized crime or violations of laws governing smuggling, drug abuse, human trafficking and weapons control.
Public officials suspected of taking advantage of their government post to commit crimes would also be obliged to clearly declare the sources of their possessions, the legislature said.
Chinese Nationalist Party (KMT) Legislator Hsieh Kuo--liang (謝國樑) said the amendment would be “helpful for the government to prevent and stamp out corruption.”
The legislature yesterday also approved an amendment to the Criminal Code that significantly increases penalties for drunk driving, a move following an incident in Taipei on Oct. 2 in which a young firefighter had her left leg amputated at the knee after she was hit by a drunk driver when on duty assisting victims of a traffic accident.
Under Article 185-3 of the current law, people who drive under the influence of drugs, narcotic medicines, alcohol or other mind-altering substances face a sentence of one year in jail and/or a fine of up to NT$150,000.
The amendment increased the sentence to two years and the fine to NT$200,000.
In addition, drivers could be sentenced to imprisonment of no less than one year, but no more than seven years if their actions cause death. In the case of severe injury, drunk drivers could be imprisoned for no less than six months, but no more than five years.
The legislature also passed an amendment to the National Security Act (國家安全法) that removes articles prohibiting organizations and civil associations advocating communism or the division of the national territory.
The amendment brings the act in line with the Constitution after the Council of Grand Justices issued interpretations No. 445 and No. 644, which state that the articles are unconstitutional because they limit freedom of speech.
An amendment to the Act Governing the Punishment of Violation of Road Traffic Regulations (道路交通管理處罰條例) was also passed, stating that those who have had heavy motorcycle — 550cc or above — licenses for more than one year can ride their motorcycles on specific sections of freeways during specified hours.
Additional reporting by CNA
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