| 英文摘要 |
Sanctioning illegal remittance activities has become a global consensus. In Taiwan, sanctions on illegal remittances are primarily based on Articles 29 and 125 of the Banking Act. However, the Banking Act does not provide a legal definition of remittance services, leading to practical disputes in distinguishing between“collection and payment on behalf of another party”and“remittance”in legal practice. There are also differing opinions regarding the scope of confiscation in cases involving underground remittances. As Germany is the primary source of reference for Taiwan’s criminal law, its legal framework may offer valuable insights. This article selects three judgments, issued since 2021, from the Federal Supreme Court of Germany, related to the sanctioning of illegal remittances.
The controversies surrounding illegal remittances in Germany primarily concern three areas: the unlawful provision of payment services, organized crime, and the scope of confiscation. German legislators have narrowed the scope of punishment for remittance acts by legislating definitions for payment services (fund transfer business) and specifying exceptions. In practice, German courts consider underground remittance networks to constitute organized crime.
Regarding confiscation, German courts apply measures that reflect the distinct characteristics of the two aforementioned offenses. In addition to confiscating criminal proceeds, courts also impose other types of confiscatory measures. The German approach to handling illegal remittances may provide valuable guidance for Taiwan in addressing similar issues. |
