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Department of Government Ethics

FAQ

What is the difference between surrender and confession?

The Criminal Law states that the punishment shall be lessened if the person who commits the crime surrenders before the act was disclosed. But if the person who confesses in the inspection or trial stage, the judge can not just lessen his punishment as well. The judge can only regard that his attitude is well after committing, and consider it as a standard to mete his punishment. However, according to the "Regulations of Corruption Punishment, except for the crimes of protecting corruption, false charge of corruption, and plunder, the punishment shall be lessened or exempted if any person who surrenders and returns all profits of corruption after committing the crime of corruption. If the other joint offenders are discovered due to his surrender, the punishment shall be exempted. If the actor confesses in the inspection stage and returns all profits, the punishment shall be lessened. If the other joint offenders are discovered due to his surrender, the punishment shall be lessened or exempted. This is the so called "clause of intramural fight".