The legislature yesterday adopted a revision to the criminal code that makes it more difficult to convict public servants suspected of interest peddling and corruption in a bid to raise government efficiency.
"Hopefully, the legal amendment will free government officials from the specter of indiscreet prosecution and enhance their service to the people," DPP legislative whip Tsai Huang-liang (
Under the revision, only officials who reap personal gain, directly or indirectly, from activities branded illegal when discharging their duty are subject to criminal penalties.
The loose language contained in the existing rule, without reference to the legality of conduct under investigation, has been blamed for administrative inaction on all levels of government, Tsai said.
Tu Ping-sheng (
"It is necessary to draw the line between unscrupulous dealings and eager attempts by government officials to carry out their duties," Tu said.
Statistics show that most cases involving alleged illicit tradeoffs prove to be harmless and that public confidence in law enforcement authorities has suffered as a result.
The legal overhaul, in essence, raises the threshold for courts to convict officials charged with interest-peddling and corruption. In the future, activities which are not explicitly prohibited by law and which fail to bring the person at issue concrete benefit will not be judged as illicit tradeoffs.
The revision owes its quick passage to the Economic Development Advisory Conference in August, during which delegates maintained that the bill was necessary to invigorate the economy.
To that end, the legislature also modified the language of corruption statutes to make them consistent with the criminal code. Some lawmakers, however, expressed reservations about the change.
KMT lawmaker Liu Kuang-hua (
He said he agreed to amend the criminal code but insists more discussions should have been conducted before the legislature approved the revision.
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