Taiwanese who commit aggravated fraud overseas are now to be subject to punishment in Taiwan after the Legislative Yuan passed an amendment to the Criminal Code yesterday.
The amendment to Article 5 of the Criminal Code added “aggravated fraud” to the list of offenses committed “outside the territories of the Republic of China” to which the Criminal Code will apply, making it easier to prosecute suspects in Taiwan.
The revision is to take effect when it is promulgated by the president, a formality that usually takes about two weeks.
Photo: CNA
Under existing law, aggravated fraud is not among the offenses listed under Article 5, making it nearly impossible for authorities to prosecute alleged fraudsters after they return to Taiwan.
In some cases, offenses committed overseas, but not listed in Article 5, may still be covered by the Criminal Code, but only if they are punishable by at least three years in jail.
As people guilty of fraud in Taiwan face jail sentences of between one and seven years and fines of up to NT$1 million (US$31,378), many cases do not meet the three-year threshold.
These legal loopholes have often forced prosecutors to drop cases against citizens suspected of committing fraud overseas.
Chinese Nationalist Party (KMT) Legislator Hsu Shu-hua (許淑華), who proposed the amendment, said a spate of recent cross-border telecom fraud cases involving Taiwanese called attention to the nation’s lenient treatment of its citizens committing fraud overseas and the possibility that it encouraged more criminal activity.
These cross-border fraud cases have tarnished the image of Taiwan’s judicial system and given the impression that “Taiwan is unwilling to harshly crack down on fraud and condones the perpetrators’ actions,” or that “Taiwan is a haven for fraudsters,” she said.
Hsu supported Taiwan’s judicial authorities having jurisdiction over Taiwanese who commit fraud overseas, which she said would live up to the expectations of the public and improve the image of the nation’s judiciary.
Dozens of Taiwanese have been arrested in countries such as Kenya, Malaysia and Indonesia over the past year for suspected involvement in fraud rings that were scamming people in China.
China then pushed, successfully in most cases, to have Taiwanese sent to China for prosecution rather than to Taiwan, arguing that it had jurisdiction over the cases because the victims were in China and Taiwan would not punish the suspects.
‘CROWN JEWEL’: Washington ‘can delay and deter’ Chinese President Xi Jinping’s plans for Taiwan, but it is ‘a very delicate situation there,’ the secretary of state said US President Donald Trump is opposed to any change to Taiwan’s “status quo” by force or extortion and would maintain that policy, US Secretary of State Marco Rubio told the Hugh Hewitt Show host on Wednesday. The US’ policy is to maintain Taiwan’s “status quo” and to oppose any changes in the situation by force or extortion, Rubio said. Hewitt asked Rubio about the significance of Trump earlier this month speaking with Taiwan Semiconductor Manufacturing Co (台積電) chairman C.C. Wei (魏哲家) at the White House, a meeting that Hewitt described as a “big deal.” Asked whether the meeting was an indication of the
‘RELATIVELY STRONG LANGUAGE’: An expert said the state department has not softened its language on China and was ‘probably a little more Taiwan supportive’ China’s latest drills near Taiwan on Monday were “brazen and irresponsible threats,” a US Department of State spokesperson said on Tuesday, while reiterating Washington’s decades-long support of Taipei. “China cannot credibly claim to be a ‘force for stability in a turbulent world’ while issuing brazen and irresponsible threats toward Taiwan,” the unnamed spokesperson said in an e-mailed response to media queries. Washington’s enduring commitment to Taiwan will continue as it has for 45 years and the US “will continue to support Taiwan in the face of China’s military, economic, informational and diplomatic pressure campaign,” the e-mail said. “Alongside our international partners, we firmly
KAOHSIUNG CEREMONY: The contract chipmaker is planning to build 5 fabs in the southern city to gradually expand its 2-nanometer chip capacity Taiwan Semiconductor Manufacturing Co (TSMC, 台積電), the world’s biggest contract chipmaker, yesterday confirmed that it plans to hold a ceremony on March 31 to unveil a capacity expansion plan for its most advanced 2-nanometer chips in Kaohsiung, demonstrating its commitment to further investment at home. The ceremony is to be hosted by TSMC cochief operating officer Y.P. Chyn (秦永沛). It did not disclose whether Premier Cho Jung-tai (卓榮泰) and high-ranking government officials would attend the ceremony. More details are to be released next week, it said. The chipmaker’s latest move came after its announcement earlier this month of an additional US$100 billion
Authorities yesterday elaborated on the rules governing Employment Gold Cards after a US cardholder was barred from entering Taiwan for six years after working without a permit during a 2023 visit. American YouTuber LeLe Farley was barred after already being approved for an Employment Gold Card, he said in a video published on his channel on Saturday. Farley, who has more than 420,000 subscribers on his YouTube channel, was approved for his Gold Card last month, but was told at a check-in counter at the Los Angeles International Airport that he could not enter Taiwan. That was because he previously participated in two
RSS