Offenses against liberty and related counts — non-prosecution (不起訴)
Under the non-prosecution (不起訴) decision caption «Offenses against liberty and related counts», we defended against intimidation and extortion-by-intimidation allegations and obtained non-prosecution (不起訴).
The complainant alleged that defendants, amid a monetary debt dispute, sent photos and LINE messages to intimidate the complainant into delivering NT$ 1,000,000 in cash; the file referenced offenses against liberty and extortion by intimidation.
Our attorneys addressed the elements of extortion by intimidation and liberty offenses against the debt background, arguing insufficient proof of joint criminal intent.
- Do the messages constitute extortion by intimidation?
- Is there causation between the NT$ 1,000,000 payment and the defendants' conduct?
- Debt collection rather than crime?
Taiwan Criminal Code Art. 305 (intimidation endangering safety), Art. 346 (extortion by intimidation), liberty offenses chapter; Taiwan Code of Criminal Procedure Art. 253(1).
The prosecutor issued a non-prosecution (不起訴) decision.
* Personal data such as names and ID numbers in this Decision of Non-Prosecution (personal data redacted) has been redacted in accordance with Taiwan's Personal Data Protection Act * Document images are official Traditional Chinese legal papers; the original text controls.
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These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.