MOJ Compiles List of Election Bribery Examples 法部核定「賄選犯行例舉」 包含28項類型

More and more incidents of vote bribery are being reported as the year-end elections draw closer. What can candidates legally hand out as gifts? The Ministry of Justice has come up with a list of examples of election bribery.

A Miaoli County councilor surnamed Cheng previously made headlines for his angry interpellations. He is running in the year-end elections. It was recently discovered that his team is offering constituents NT$500 in exchange for their votes. Prosecutors conducted a search on Oct. 18 and detained 16 people. They also confiscated NT$9,500 in bribes.

Liu Wei-cheng, Head Prosecutor, Miaoli District Prosecutors Office: “Four were people who gave out bribes, and the other 12 were constituents who accepted the bribes. Two (of those who gave out bribes) posted bail of NT$50,000 each and the others were released after the interrogation.”

Cheng was not among those who were taken in. Prosecutors are still trying to determine if the vote bribery was his idea. Over in Hsinchu City, a borough chief candidate surnamed Yeh was found to be handing out rapid tests to secure votes. More and more incidents of vote bribery are emerging as the year-end elections get closer, and the actions and words of candidates are being scrutinized to see if they crossed the red line. The Ministry of Justice has come up with a list of examples of election bribery.

Tsai Ching-hsiang, Justice Minister: “We listed explicit examples based on current practices and court decisions for everyone to use as a reference.”

What are candidates allowed to legally hand out as gifts? The value of tangible objects used as promotional materials must not exceed NT$30. During campaign activities, candidates are allowed to hand out tea in moderate amounts, simple food and drink, couplets, and desk calendars. However, they may not pay people to appear at activities, hand out cash, or gift rice cookers, hot water bottles, and other products with economic value. The ministry also added regulations on mobile payments and overseas funding. Meanwhile, prosecutors will consider the circumstances of individual cases in determining whether there is vote bribery.

曾經在議會氣憤質詢，苗栗的鄭姓縣議員也投入這次年底大選，如今被發現他的樁腳涉嫌用一票500元，向第5選區選民行賄，檢方18日發動搜索，帶回16人到案，並查扣9500元賄款。

苗栗地檢署主任檢察官劉偉誠指出：「4名是行賄方，12名是屬於收賄的選民，有2名（行賄方）是分別都是以5萬元交保，其餘的都是無保請回。」

鄭姓縣議員參選人沒有被傳喚，到底有沒有授意檢方還要釐清，然而在新竹市東區也有葉姓里長參選人，被查出涉嫌贈送快篩劑來爭取選民支持，接近九合一大選，疑涉賄選情形不斷出現，參選人一言一行都被放大檢視，就怕踩到法律紅線，法務部也核定賄選犯行例舉。

法務部長蔡清祥表示：「我們很明確的把它依照現實的實務見解，以及法院的判決來做一個例舉，來給大家做參考。」

選舉送什麼才不算賄選？像是過去的30元查賄標準，現在只限文宣品；在選舉造勢活動，提供適度茶水、簡便餐飲或贈送門聯、桌曆等也不會構成賄選犯行。不過，提供走路工茶水費，還是贈與電鍋、熱水瓶具經濟價值商品就可能違法，法務部更新增行動支付、境外勢力資金等賄選手法。縱使明確化賄選態樣，是否構成賄選，檢方仍視具體個案情況進行偵辦。