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June 2020

June 2020

The so-called confiscable proceeds of crime under Article 136-1 of the Banking Law refer to unlawful gains such as exchange rate differences, management fees, handling fees or other remuneration actually received by the operator, excluding remittance payments received (Taiwan)

June 2020

Brief Introduction of the Investigation Confidentiality Order System (Taiwan)

June 2020

Whether the requirement for "identical invention" under Article 28 of the Patent Law is met should be determined based on whether the invention set forth in the patent application claims is disclosed in the specification, patent application claims or drawings of the counterpart serving as the basis for claiming the right of priority (Taiwan)

June 2020

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)

June 2020

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)

June 2020

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)

June 2020

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)

June 2020

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)

June 2020

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)
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