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Chapter Law Content

Title: Government Procurement Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter VII Penal Provisions
Article 87
A person who commits violence or threat, administers drugs, or applies hypnosis with the intent to cause a supplier not to tender or to tender contrary to its real intention, or cause the winning tenderer to forego the award or to assign or subcontract after award shall be punished with imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed.
If death results from the offense specified in the preceding paragraph, the offender shall be punished with imprisonment for life or for not less than seven years; if serious bodily injury results therefrom, the offender shall be punished with imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed.
A person who commits fraud or uses any other illegal means to make the supplier unable to tender or cause the opening of tenders to have an incorrect result shall be punished with imprisonment for not more than five years; in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.
A person who causes the supplier not to tender or not to proceed with price competition by means of contract, agreement or other forms of meeting of minds, with the intent to adversely affect the price of award or to gain illegal benefits, shall be punished with imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.
A person who borrows or assumes any other’s name or certificate to tender, with the intent to adversely affect the result of procurement or to gain illegal benefits, shall be punished with imprisonment for not more than three years; in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed. The foregoing shall also apply to the cases of a person who allows any other person to borrow or assume his name of certificate to tender.
An attempt to commit an offense specified in paragraphs 1, 3 or 4 is punishable.
Article 88
A personnel of a supplier who is entrusted by an entity to conduct planning, design, review, monitoring, project management, or procurement but imposes unlawful restrictions or review on the technologies, technical methodology, materials, equipment, or specifications with the intent to gain personal illegal benefits and thereby obtains benefits, shall be punished with imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed. In addition, the foregoing personnel who imposes unlawful restrictions or review on the qualifications of suppliers or sub-suppliers with the intent to gain personal illegal benefits and thereby obtains benefits, shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 89
The personnel of a supplier who is entrusted by an entity to conduct planning, design, project management, or procurement but discloses or delivers confidential documents, drawings, information, things, or any other data related to the procurement with the intent to gain personal illegal benefits and thereby obtains benefits, shall be punished with imprisonment for not more than five years or detention; in lieu thereof or in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 90
A person who commits violence or threat with the intent to cause the personnel of an entity who is engaged in planning, design, handling, or supervision of a procurement, or the personnel of a supplier who is entrusted by an entity either to provide services of planning, design, or project management of a procurement or to conduct its procurement, not to decide on matters with respect to the procurement or to decide on such matters contrary to his/her own mind, shall be punished with imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed.
If death results from the offense specified in the preceding paragraph, the offender shall be punished with imprisonment for life or for not less than seven years; if serious bodily injury results therefrom, the offender shall be punished with imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 91
A person who commits violence or threat with the intent to cause the personnel of an entity who is engaged in planning, design, handling, or supervision of a procurement, or the personnel of a supplier who is entrusted by an entity either to provide services of planning, design, or project management of a procurement or to conduct its procurement, to disclose or deliver the confidential documents, drawings, information, things, or any other data related to the procurement, shall be punished with imprisonment for not more than five years; in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.
If death results from the offense specified in the preceding paragraph, the offender shall be punished with imprisonment for life or for not less than seven years; if serious bodily injury results therefrom, the offender shall be punished with imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed respectively.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 92
Where a representative, agent, employee, or any other staff of a supplier who, in performing his/her duty, commits an offense specified in this Act, the wrongdoer shall be subject to the punishment prescribed in the relevant Articles; in addition thereto, the supplier shall also be subject to the fine prescribed therein.