Relevant Legal Provisions

Article 315-1 of the Criminal Code：

A person who commits any of the following acts shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than NT$300,000:

1. Without reason, using tools or equipment to peep at or eaveson another person's non-public activities, speech, conversation, or private body parts.
2. Without reason, secretly recording another person's non-public activities, speech, conversation, or private body parts by audio recording, photography, video recording, or electromagnetic records.

Facts and Reasons

The defendant, with the intent to secretly record another person's non-public activities by electromagnetic records without reason, was in a hotel in Taipei and, without the complainant's consent, privately filmed footage of the complainant during the massage process, and was later reported and prosecuted.

Prosecutor's Disposition

The above defendant's case involving offenses against privacy has been concluded after investigation, and it was determined that a disposition of non-prosecution should be issued.

For offenses subject to complaint, the complainant may withdraw the complaint before the conclusion of oral arguments in the first instance. In addition, where the complaint for an offense subject to complaint has been withdrawn, a disposition of non-prosecution shall be issued. The defendant’s conduct was found to involve the offense under Article 315-1, Paragraph 1, Subparagraph 2 of the Criminal Code, namely secretly recording another person's non-public activities by electromagnetic records without reason. Pursuant to Article 319 of the same Code, this offense is subject to complaint. Since the complainant and the defendant reached a mediation settlement outside court, and the complainant filed a written motion to withdraw the complaint, as evidenced by the mediation statement issued by the mediation committee and the written motion to withdraw the complaint in the case file, in accordance with the foregoing provisions, a disposition of non-prosecution shall be issued.

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

Attorneys:  Herman Lyu