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2020 年 6 月 1 日

In case an actor distributes a stock via false information, even if such actor does not sell the stock to a victim personally, the fact of a joint fraud is still constituted (Taiwan)

Nora Shih The Taichung Branch of the Taiwan High Court rendered the 108-Su-Yi-68 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that in case an actor distributes a stock via false information, even if such actor does not sell […]
2020 年 6 月 1 日

If the night shift snack allowance is a regular payment for workers under normal circumstances and is also recurrent in the system, it should be part of the wages (Taiwan)

Tiffany Hsiao The Kaohsiung Branch of the Taiwan High Court handed down the 108-Lao-Shang-Yi-98 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if the night shift snack allowance is a regular payment for workers under normal circumstances and […]
2020 年 6 月 1 日

If a landowner’s right to property is constrained in order to fulfill specific public interest objectives, the constraint of the right is valid only when the constraint is properly exercised to fulfill the objectives; and if it goes beyond specific common use purposes or is not properly exercised, a request may be lodged to claim exclusion or compensation (Taiwan)

Emily Chueh The Tainan Branch of the Taiwan High Court handed down the 108-Shang-Guo-Gent-Two-1 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if a landowner’s right to property is constrained in order to fulfill specific public interest objectives, […]
2020 年 6 月 1 日

If an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes in the situation afterwards or any unexpected circumstances, since it is difficult to regard them as the same act according to general social construct, such acts shall be punished separately (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-3336 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that if an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes […]
2020 年 6 月 1 日

In case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original disposition, if the Grand Justices have rendered an interpretation upholding the constitutionality, it should be deemed that the law relied on for rendering the original disposition is not unconstitutional and the Plaintiff’s complaint is obviously groundless (Taiwan)

Frank Sun The Taiwan High Administrative Court rendered the 108-Su-1160 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that in case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original […]
2020 年 6 月 1 日

The Code of Criminal Procedure does not limit the types of corroboration. Direct evidence, indirect evidence or indirect facts per se (i.e. circumstantial evidence) may all serve as materials to corroborative evidence (Taiwan)

Oli Wong The Supreme Court rendered the 108-Tai-Shang-Zi-3668 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that the Code of Criminal Procedure does not limit the types of corroboration. Direct evidence, indirect evidence or indirect facts per se (i.e. […]
2020 年 6 月 1 日

If an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes in the situation afterwards or any unexpected circumstances, since it is difficult to regard them as the same act according to general social construct, such acts shall be punished separately (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-3336 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that if an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes […]
2020 年 6 月 1 日

The grant of implied authority of agency still requires certain connections between the act of the expresser or other indirect facts and the matters for which the authority of agency is granted (Taiwan)

Jhen-Yi Chen The Supreme Court rendered the 107-Tai-Shang-2411 Decision of November 28, 2019 (hereinafter, the “Decision”), holding that the grant of implied authority of agency still requires certain connections between the act of the expresser or other indirect facts and […]
 

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