Relevant Legal Provisions

Article 87, Paragraph 3 of the Government Procurement Act: Any person who, by fraudulent or other illegal means, prevents a supplier from bidding or causes an incorrect result in the bid opening shall be sentenced to imprisonment for not more than five years, and may also be fined up to NT$1,000,000.

Facts and Reasons

The defendant (i.e., the client of this firm), in order to increase the likelihood of winning a bid for a certain procurement project and to avoid the project being voided due to fewer than three qualified bidders, sought out other companies that had no intention of bidding or performing the contract to participate in the bidding process together.

Prosecutor's Disposition

The above-mentioned defendants, for violations of the Government Procurement Act, have concluded the investigation, and it is deemed appropriate to grant a deferred prosecution.

The aforementioned criminal facts have been fully confessed by the defendants, consistent with witness testimonies, and are further supported by relevant evidence on record; the offenses are therefore sufficiently established.

The defendants' acts of violating the Government Procurement Act by using fraudulent means to cause an incorrect result in the bid opening do not fall under crimes punishable by death, life imprisonment, or a minimum sentence of no less than three years.
Considering that the defendants have generally good prior conduct, committed the offense due to a momentary lapse in judgment, have confessed their crimes and shown deep remorse, and should have gained sufficient warning through the investigation process, and also taking into account that the harm caused and the circumstances of the offense are not severe, a deferred prosecution is deemed appropriate.

(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys: Vincent Huang、 Herman Lyu、Hsuan Su