Date: December 18, 2015
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. [FULL STORY]