Non-prosecution for an alleged violation of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area
- Case type
- Criminal matter / alleged violation of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area
- Result
- The Taiwan New Taipei District Prosecutors Office entered a non-prosecution disposition
- Defense counsel
- Attorney Huang Po-Yao
Background
The client was investigated by the police and prosecutors on suspicion of violating the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. According to the investigation, the client was accused of carrying on, without permission from the competent authority, profit-making business in the Taiwan Area connected with the Mainland Area. The alleged conduct included handling Mainland-area documents, mobile numbers, and financial-institution cards, and collecting cross-strait payments, which raised the question of criminal liability.
Cross-strait commerce is governed by a specific set of rules. Whether conduct is a crime still depends on the facts, the elements of the offense, and the evidence. Cross-strait business dealings alone do not mean an offense was committed.
How the matter was handled
Attorney Huang Po-Yao was retained as defense counsel and assisted the client through the criminal investigation and the related legal issues.
When the Taiwan New Taipei District Prosecutors Office closed the investigation, the prosecutor entered a non-prosecution disposition, and the client was not indicted in this matter.
A note from counsel
The Act Governing Relations between the People of the Taiwan Area and the Mainland Area regulates certain cross-strait investment, business, and commercial activity. Carrying on specified business without permission may lead to administrative or criminal liability.
Whether a crime was committed still has to be judged case by case, from the actual business, how the conduct was carried out, what the person knew, and the evidence.
Jing Yao Attorneys-at-law notes that anyone investigated over cross-strait business should clarify the applicable rules early and seek counsel, so that the right to defend the case is protected.
Note: This summary is drawn from what the non-prosecution disposition already discloses. Identifying details have been omitted. The outcome of this matter does not mean another matter will end the same way.
