5 Mistakes to Avoid as a Fraud Defendant in Taiwan

Understanding the mistakes to avoid as a fraud defendant can help protect your position before your first interview or court hearing in Taiwan. Deleting messages, coordinating accounts with others, guessing during questioning, ignoring notices, or moving disputed funds can make an already stressful investigation harder to resolve.Being named as a suspect or defendant does not establish guilt. The immediate priorities are to preserve evidence, identify your procedural status, meet applicable deadlines, and obtain advice based on the actual allegations.

👨🏻‍⚖️Chien Sheng International Law Firm explains five common errors and the practical steps that can help defendants prepare for a fraud investigation.

【Five mistakes to avoid as a fraud defendant in Taiwan】

The five actions to avoid are:

1. Deleting or altering potentially relevant evidence.
2. Coordinating stories or pressuring witnesses and complainants.
3. Guessing, inventing facts, or signing an inaccurate interview record.
4. Ignoring official notices or assuming an absence has been approved.
5. Concealing, transferring, or spending funds connected to the investigation without clarifying their status.

➠These are practical cautions, not a statement that every listed action automatically constitutes a separate offense. Legal consequences depend on the circumstances, evidence, intent, and applicable law.

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1. Do not delete messages, reset devices, or alter digital records

Fraud investigations often involve more than bank statements. Relevant material may include LINE conversations, Telegram messages, emails, recruitment advertisements, delivery receipts, voice messages, account login records, and documents explaining a transaction.

A conversation that appears unfavorable in isolation may also show how someone recruited you, what explanation you received, when you became suspicious, or whether you suffered a loss yourself. Removing selected messages can destroy that context.

▫️Preserve originals and complete conversations　　

Keep original devices and files where possible. Retain account identifiers, dates, timestamps, attachments, and surrounding messages. Screenshots can help organize information, but they should not replace available original records.

Avoid factory resets, selective editing, and remote deletion. Ask counsel how to preserve data safely without changing its contents or compromising another person’s privacy.

Deleting information does not automatically establish an additional crime. However, evidence destruction concerns can become relevant to procedural decisions, including detention, when the statutory requirements are met. law.moj.gov.tw

▫️Request preservation before records disappear　　

Some evidence is held by banks, platforms, employers, or surveillance operators. Tell your lawyer who holds it, the relevant dates, and what it could establish.

The Judicial Yuan explains that suspects, defendants, and defense counsel may seek preservation of evidence through the applicable criminal procedure. This can be important where recordings may be overwritten or other material may become unavailable. judicial.gov.tw

🔎Related case: Loan application documents misused to open an account—an acquittal obtained by Chien Sheng. This illustrates why the circumstances surrounding identity documents and account control deserve investigation; it does not guarantee the same result in another case. chiensheng.com

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2. Do not coordinate stories or pressure other people

Contacting other people to decide what everyone should tell investigators can create serious problems. Examples include asking someone to change a statement, agree on a false timeline, delete conversations, or conceal who handled money.

👨🏻‍⚖️Article 101 of Taiwan’s Code of Criminal Procedure identifies substantiated risks of destroying or falsifying evidence or colluding with accomplices or witnesses as possible grounds relevant to detention. Detention still requires the other statutory conditions and a judicial assessment of necessity; it is not automatic because two ➠people communicated. law.moj.gov.tw

▫️Keep settlement separate from interference　　

A genuine compensation proposal is different from asking a complainant to change evidence. Settlement should address verified losses, payment terms, civil claims, and the intended scope of the agreement.

Where appropriate, use counsel, court mediation, or another documented process. Do not threaten, harass, or offer improper benefits in exchange for false testimony or destruction of records.If a complainant contacts you, preserve the exchange and avoid making admissions about facts you have not checked. A lawyer can help assess an appropriate response.

▫️Follow any no-contact restrictions　　

Necessary family or workplace communication is not automatically unlawful. However, any bail condition, court order, or other applicable contact restriction must be observed. Ask counsel before communicating where the boundary is unclear.

➠Avoid posting detailed allegations, private information, or attacks on case participants online. Public statements can create additional evidentiary, privacy, or defamation issues. This does not mean defendants lose their right to lawful expression.

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3. Do not guess during questioning or sign an inaccurate record

Pressure can lead people to answer questions they do not understand, estimate dates as if certain, or agree with a summary simply to finish an interview. Those statements may later be compared with messages, transaction records, and witness accounts.Before questioning, distinguish what you personally did or observed from what someone told you. Mark uncertain details as uncertain.

▫️Understand your procedural rights　

Article 95 of the Code of Criminal Procedure requires notification of the suspected offenses and rights including silence, selection of defense counsel, and requesting investigation of favorable evidence. It also addresses stopping questioning when an unrepresented defendant states that counsel has already been retained, subject to the statutory exception for agreeing to continue. law.moj.gov.tw

👨🏻‍⚖️Article 156 provides safeguards concerning confessions and states that a defendant’s or accomplice’s confession cannot be the sole basis for conviction. Silence alone cannot substitute for evidence of guilt. law.moj.gov.tw

➠Exercising these rights is not the same as evading the process.

▫️Be accurate about what you know　

If truthful, appropriate responses may include:

• “I do not remember the exact date and need to check the records.”
• “I did not see that myself; someone else told me.”
• “I would like to consult my lawyer before answering.”
• “I wish to exercise my right to remain silent.”

These are ways to communicate your actual position, not a script for inventing uncertainty or withholding a fabricated account until later.A defendant does not acquire a general right to fabricate evidence or falsely accuse others. At the same time, denying an allegation does not automatically amount to perjury.

▫️Read the record before signing　

Check whether the written interview record accurately reflects your answers, qualifications, and favorable explanations. Request corrections or additions before signing if something is inaccurate or incomplete.

➠If you later discover an error, tell counsel promptly. Identify the specific passage, explain the problem honestly, and preserve supporting records. Do not create a new version of events merely to make earlier answers appear consistent.

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4. Do not ignore police notices, prosecutor summonses, or court documents

There is no general rule that authorities must send two summonses before compulsory appearance can become possible.

Under Article 71-1 of the Code of Criminal Procedure, failure to attend after lawful police notification without a legitimate reason may lead police to seek a prosecutor-issued compulsory appearance warrant. Article 75 separately addresses a defendant’s failure to appear after lawful summons without a legitimate reason. law.moj.gov.tw

➠An unanswered phone call is not automatically equivalent to lawful service. Nevertheless, an uncertain notice should be verified, not simply discarded.

▫️Check the document and its source　

Confirm the issuing authority through independently obtained official contact information. Record:

• The case number and alleged offense.
• Whether you are being contacted as a witness, suspect, or defendant.
• The attendance date, location, and required documents.
• Any deadline for a written response or other action.

Do not transfer money or disclose banking credentials to someone claiming that this will cancel a summons or resolve the case.

▫️Request a change of date properly　

If illness or another substantial difficulty prevents attendance, contact the responsible authority promptly, explain the circumstances, and provide supporting documents where appropriate.Hospitalization or planned travel does not automatically excuse attendance. Filing a request or making a phone call also does not mean rescheduling has been approved. Keep the submission and confirm the response.

➠A missed appointment does not automatically make someone a wanted person. Article 84 separately permits a wanted notice where a defendant has fled or is hiding. Counsel should check the actual procedural status rather than assume either that nothing has happened or that a wanted notice must exist. law.moj.gov.tw

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5. Do not conceal or move funds linked to the case

Once you learn that a transaction may be connected to fraud, avoid further transfers intended to hide the source, recipient, ownership, or location of the money.Do not follow instructions from an unknown person to withdraw cash, convert disputed funds into cryptocurrency, route money through relatives, or “refund” it to an unverified account.

▫️Confiscation can extend beyond the original money　　

Article 38-1 of Taiwan’s Criminal Code addresses confiscation of criminal proceeds, including converted assets and certain related benefits. Where confiscation is unavailable or inappropriate in whole or part, recovery of the corresponding value may be ordered. law.moj.gov.tw

➠Moving money does not necessarily remove it from the scope of investigation or recovery.

Article 2 of the Money Laundering Control Act covers conduct including concealing specified criminal proceeds or their source and obstructing their investigation, preservation, or confiscation. Whether a transaction constitutes money laundering requires analysis of the actual funds, conduct, and relevant mental elements. law.moj.gov.tw

▫️Separate legitimate living expenses from disputed funds　　

Not every balance in an investigated account is criminal proceeds, and an investigation does not automatically prohibit every ordinary transaction. Preserve salary records, loan documents, invoices, and other evidence of lawful sources.If money or an account is frozen, seized, or otherwise restricted, do not bypass the restriction. Ask counsel about lawful access, release, or other relief.

➠Any repayment should go to a verified recipient through a documented arrangement. A private transfer to an unverified person can create another loss without resolving the original dispute.

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💡What if you have already made one of these errors?

Do not compound the situation by deleting more information, fabricating explanations, or avoiding further contact with the authorities.

First, stop unnecessary changes to potentially relevant data. Preserve the remaining devices, backups, messages, and transaction records.

Second, tell your lawyer exactly what happened. Explain when you deleted a conversation, whom you contacted, why you transferred money, or which appointment you missed. Keep the full records of those actions.Third, address urgent procedural issues. Counsel can help verify deadlines, whether compulsory appearance measures exist, and what submissions or arrangements may be appropriate.

★ Finally, organize an accurate timeline. Correcting a genuine mistake requires a truthful explanation and supporting material, not a replacement story. No lawyer can guarantee that a correction will eliminate every legal consequence.

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Frequently asked questions🔍

Q1. What are the most important mistakes to avoid as a fraud defendant?

Preserve evidence, do not coordinate false accounts, avoid guessing during questioning, respond to lawful notices, and do not conceal or improperly move disputed funds. The appropriate next step depends on your procedural status and the evidence.

Q2. Does asking for a lawyer make me look guilty?

Requesting defense counsel is a procedural right. It does not establish guilt. A lawyer can help identify the allegations, protect your rights, and check whether your statements are accurately recorded.

Q3. Can I contact the complainant to offer compensation?

A lawful settlement discussion may be possible, subject to any applicable restrictions. It should not involve pressure, demands to alter evidence, or promises that payment will necessarily end the criminal case. Counsel or formal mediation can help document the arrangement.

Q4. If my account received fraud proceeds, am I automatically guilty?

No. Account ownership and receipt of funds do not by themselves resolve every element of criminal liability. Investigators must examine account control, your conduct, knowledge, intent, and other relevant evidence. Different account-related offenses may also require separate analysis.

Q5. Can I still obtain legal assistance after completing a police interview?

Yes. Counsel can review available documents, identify statements requiring clarification, assess evidence preservation needs, and prepare for later questioning or court proceedings. Earlier statements remain part of the case and should be addressed honestly.

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How Chien Sheng International Law Firm can assist

Fraud defense requires understanding each person’s actual role. An account holder, cash collector, recruiter, intermediary, and organizer should not be assumed to have identical knowledge or responsibility.

👨🏻‍⚖️Chien Sheng International Law Firm can assist with reviewing notices and case documents, organizing communications and money flows, attending questioning, evaluating evidence and procedural issues, and preparing investigation or trial submissions.

Where appropriate, assistance may also include settlement, compensation, sentencing submissions, and appeals. The available strategy depends on the case materials and the client’s actual circumstances.

🚨To prepare for a consultation, gather official notices, account statements, relevant conversations, transaction documents, and a concise timeline. Contact Chien Sheng International Law Firm to discuss the current stage and any approaching deadline.

➥This article provides general information under Taiwan law, reviewed on October 29, 2026. It is not individualized legal advice or a guarantee of non-prosecution, acquittal, a reduced sentence, or any other outcome.

 

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