萬國法律事務所

Taiwan’s Supreme Court reversed the decision in the case of Professor Lin of National Chung Cheng University (“Lin Case”), which triggered a dispute as to whether professors at national universities are “public officials” under the Criminal Law. In the Lin Case, the prosecutor charged Professor Lin with the offense of corruption because he provided fake receipts for research fees provided by the National Science Council.

As the Supreme Court opined that Professor Lin procured relevant equipment in accordance with the Fundamental Science and Technology Act (科學技術基本法), rather than the Government Procurement Act (政府採購法), Professor Lin did not qualify as a “public official” under the Criminal Law. Therefore, Professor Lin did not commit the criminal offense of corruption. The Lin Case was reversed and remanded to the original trial court.

The Supreme Court previously held that the professors at national universities qualify as “public officials” under the Criminal Law in three precedents, of which facts are similar to those in the Lin Case.

The Lin Case will be the leading case referred to in other similar cases involving the dispute as to whether professors at national universities qualify as “public officials” under the Criminal Law. In order to avoid any erroneous prosecutions, the Supreme Prosecutors’ Office stated that the Supreme Court should provide its unified opinion in connection with its definition of “public officials” as soon as possible.