影片摘要
2025/11/28
監察院訴願判決撤銷加重裁罰!募款小物、演唱會收入到底是不是政治獻金?會構成公益侵占嗎?|#廖震談時事 EP105
Here are the main points raised by Professor Liao Zhen in the video:
- Regarding the Control Yuan's Appeal Decision on Ko Wen-je(柯文哲)'s Political Donation Case:
- The Control Yuan determined that Ko Wen-je(柯文哲) violated the Political Donations Act and imposed a forfeiture and fine.
- Ko Wen-je(柯文哲) filed an appeal.
- The Control Yuan's Appeal Review Committee upheld the forfeiture amount and part of the fine, but revoked the additional penalty of NT$1.2 million and requested the Control Yuan to issue another legal interpretation within two months.
- The Control Yuan's Findings of Ko Wen-je(柯文哲)'s Violations:
- Intentional false reporting, including income from fundraising concert ticket sales and the sale of campaign merchandise, as well as falsely reported expenses.
- Intentional violation of legally stipulated expenditure items.
- Failure to fulfill due diligence in verification, and failure to return or deposit funds promptly.
- Acceptance of 164 political donations that were deposited into designated accounts more than 15 days late.
- Ko Wen-je(柯文哲)'s Arguments:
- The inaccurate reporting was done by the accountant and should not be attributed to him.
- The concert was initially planned as a commercial activity, without political or campaign elements, and ticket revenue was not political donations.
- The sale of campaign merchandise was also a commercial activity.
- The NT$15 million in "authorization fees" were campaign-related business and promotion expenses.
- The Control Yuan's Appeal Review Committee's Determination:
- Ko Wen-je(柯文哲) entrusted an accountant to audit and certify the report, so he should be responsible for the content.
- Ko Wen-je(柯文哲) stated in media interviews that the concert was for fundraising, and there was seized contract as evidence, in addition to the official website openly promoting campaign merchandise, indicating that the concert was a campaign activity and that the proceeds from the sale of fundraising merchandise were also for campaign purposes, all of which constitute political donations.
- Questioning the Control Yuan's Standards:
- Is it too arbitrary to determine that the concert was a campaign activity based solely on Ko Wen-je(柯文哲)'s statement in a media interview that "it was fundraising," and should Ko Wen-je(柯文哲)'s "language style" also be considered?
- Is it reasonable to determine that the merchandise selling was a campaign activity simply because the fundraising merchandise was openly unboxed on the official website?
- The Control Yuan's Determination Regarding Muko Company's NT$15 Million:
- According to Article 20 of the Political Donations Act, business expenses only apply to political parties and political groups, not to prospective candidates.
- There were vouchers for these four expenditures, but no supporting documents such as transaction details or payment requests.
- Questioning the Control Yuan's Revocation of the Additional Penalty:
- The Control Yuan pointed out that Ko Wen-je(柯文哲) failed to report the income from the concert and merchandise sales, but did not explain whether to deduct the related costs and expenses.
- If they insist on recognizing them as political donations, why deduct costs and expenses?
- Regarding the Crime of Embezzlement for Public Benefit:
- In criminal law, embezzlement refers to an act where a person holding another person's property changes the nature of the possession to ownership.
- The crime of embezzlement for public benefit refers to an act where a person holding property for public benefit changes the nature of the possession to ownership.
- Questioning the reasonableness of the Taipei District Prosecutors Office's indictment of Ko Wen-je(柯文哲) for embezzlement for public benefit, arguing that Ko Wen-je(柯文哲)'s campaign activities were for the purpose of running for president and realizing the political ideals of his supporters and himself, and should not be regarded as purely for private benefit.
- Questioning the Taipei District Prosecutors Office's Indictment:
- The Control Yuan determined that the political donations were used for campaign activities, but the Taipei District Prosecutors Office indicted him for embezzlement for public benefit, which is logically contradictory.
- To constitute the crime of embezzlement for public benefit, it must be proven that Ko Wen-je(柯文哲) embezzled the funds for his own benefit, but the flow of funds did not enter Ko Wen-je(柯文哲)'s control.
- If politics is a matter for the public and the money was used for campaigning and party development, how can it be proven that Ko Wen-je(柯文哲) diverted it for personal use?
- Expectations for the Administrative Court:
- The Administrative Court should face the difficult issue of how to define political commercial activities versus commercial political activities.
- Conclusion:
- Points out the controversies of the case, not to draw a definitive conclusion, but to highlight the discrepancies in the constitutive elements.
- Emphasizes that the words and deeds of political figures should be viewed with the same standards, without double standards.