Drug CasesNon-prosecutionFeatured Case

Attempted sale of Schedule III drugs — non-prosecution (不起訴)

Non-prosecution (不起訴) decision
Handling attorney:謝政翰、林宗諺
Case Overview

Under the non-prosecution (不起訴) decision caption «Violation of Taiwan Drug Hazard Prevention Act», we defended attempted sale of Schedule III ketamine; non-prosecution (不起訴) obtained.

Background

Police undercover purchase of 5 grams of ketamine; defendant alleged attempted sale of Schedule III drugs; defendant denied knowledge of transaction contents.

Defense Strategy

Our attorneys argued single-source evidence was insufficient to prove sale and requested non-prosecution (不起訴).

Key Issues
  • Does undercover buy prove defendant personally sold?
  • Are communication records sufficient corroboration?
  • Can attempted-sale intent be established?
Legal Basis & Argument

Taiwan Drug Hazard Prevention Act Art. 4(3), Art. 6; Taiwan Code of Criminal Procedure Art. 154(2), Art. 253(1).

Disposition

The prosecutor found insufficient evidence and issued non-prosecution (不起訴).

Decision of Non-Prosecution (personal data redacted)
Decision of Non-Prosecution (personal data redacted)
Click to enlarge

* 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.

Related Tags

Attempted drug saleKetamineSchedule III drugsNon-prosecution (不起訴)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes

林宗諺

Attorney

Criminal defenseFraud casesDrug casesTaiwan Anti-Money Laundering Act

These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.