- 1. Taiwan’s Criminal Justice System: The Three Stages Explained
- 2. Interrogation Rules & Defense Strategy Comparison Table
- 3. Actionable SOP When Accused of a Crime in Taiwan
- 4. Case Study: Foreign Engineer Cleared of Fraud and Money Laundering Charges
-
5.
Frequently Asked Questions (FAQ)
- 5.1. Q1: Will I be deported immediately if convicted of a crime in Taiwan?
- 5.2. Q2: What happens if I make a statement without a lawyer present?
- 5.3. Q3: What is a “Deferred Prosecution” (緩起訴)?
- 5.4. Q4: Can I travel outside Taiwan while under criminal investigation?
- 5.5. Q5: Does Chensheng International Law Firm provide full English representation?
- 6. Protect Your Future: Partner with Chensheng International Law Firm
- 7. ✅ 24h免費法律諮詢
When foreign nationals face criminal allegations in Taiwan, securing a non-indictment (不起訴) during prosecution is the ultimate goal to avoid trial and criminal records. This guide breaks down Taiwan’s three-stage criminal procedure—Police Investigation, Prosecution, and Court Trial—along with essential legal rights.
Chensheng International Law Firm offers seamless English defense services to achieve the best legal outcomes.
Taiwan’s Criminal Justice System: The Three Stages Explained
Attorney Insight Summary: Criminal proceedings in Taiwan move through Police Investigation, Prosecutorial Review, and Court Trial. Early intervention during police interrogations is critical to building a winning defense.
Navigating Taiwanese criminal court requires a clear understanding of procedural milestones:
Stage 1: Police Investigation (警察偵查)
The process begins when police issue a summons or detain a suspect. Police gather physical evidence, review digital logs, and conduct formal interrogations.
- Core Rights: You have the constitutional right to remain silent, the right to retain a defense attorney, and the right to a qualified interpreter.
- Legal Warning: Statements recorded in the police transcript (筆錄) serve as permanent evidence. Never answer questions or sign Chinese documents without legal representation.
Stage 2: Prosecution Stage (檢察官偵查)
The case is transferred to the District Prosecutors Office. A prosecutor re-examines the evidence and conducts formal hearings to determine one of three outcomes:
- Indictment (起訴): Formal charges are filed, sending the case to trial.
- Non-Indictment (不起訴): Charges are dropped completely due to insufficient evidence or lack of criminal intent. No criminal record is created.
- Deferred Prosecution (緩起訴): Probationary status with conditions (e.g., paying a fine). Successful completion results in a clean record.
Stage 3: Court Trial (法院審判)
If indicted, the case proceeds to the District Court. Judges evaluate evidence, hear arguments from your defense team and the prosecutor, and issue a judgment of Guilty or Not Guilty.
Interrogation Rules & Defense Strategy Comparison Table
Attorney Insight Summary: Mistakes made during early police questioning are difficult to reverse later in trial. Understanding your rights protects you against self-incrimination.
| Defense Action | Implementation & Scope | Statutory Basis | Legal Impact & Risk Level |
|---|---|---|---|
| Right to Remain Silent | Refusing to answer questions that may be incriminating. | Article 95, Code of Criminal Procedure | Low Risk: The law explicitly forbids adverse inference based on silence. |
| Retaining Defense Counsel | Requesting an attorney’s presence before questioning begins. | Article 27, Code of Criminal Procedure | Maximum Protection: Counsel prevents coercive questioning and reviews statements. |
| Requesting an Interpreter | Requiring an official court-certified translator. | Article 99, Code of Criminal Procedure | Essential Guarantee: Prevents misinterpretation due to language barriers. |
| Unadvised Signing of Logs | Signing Chinese interrogation records without verification. | Article 41, Code of Criminal Procedure | Extreme Risk: Signed statements hold official evidentiary weight and are hard to refute. |
Actionable SOP When Accused of a Crime in Taiwan
Attorney Insight Summary: Follow three steps: remain calm and exercise silence, demand an interpreter and counsel, and let specialized criminal lawyers handle prosecution strategy.
Step 1: Remain Calm and Assert Your Constitutional Rights
Do not attempt to explain your way out of suspicion. State clearly: “I wish to exercise my right to remain silent until my legal counsel and an official interpreter are present.”
Step 2: Never Sign Unverified Chinese Documents
Ensure every line of the interrogation transcript is translated accurately before signing. Request corrections immediately if your statements are misrepresented.
Step 3: Retain Specialized Criminal Defense Counsel Immediately
Early representation allows attorneys to attend interrogations, submit legal briefs, and negotiate directly with prosecutors for non-indictment.
Case Study: Foreign Engineer Cleared of Fraud and Money Laundering Charges
Attorney Insight Summary: A foreign national accused of bank account fraud achieved a full non-indictment after Chensheng’s defense team demonstrated a lack of criminal intent.
Case Background
Mark (pseudonym), a foreign engineer residing in Taiwan, unwittingly shared his local bank account details with a third party during a private currency exchange. Fraud syndicates used his account to deposit illicit funds, leading police to classify Mark as an accomplice under Article 339 of the Criminal Code (Fraud) and the Money Laundering Control Act. He faced imprisonment and deportation.
Defense Strategy by Chensheng Law Firm
- Evidentiary Translation & Reconstitution: Chensheng’s legal team compiled and certified Mark’s entire English chat logs, demonstrating he was an innocent victim without intent to facilitate fraud.
- Prosecutorial Briefing: Attorneys submitted structured briefs asserting that Mark derived no financial benefit from the scheme, negating the statutory elements of money laundering.
- Bilingual Interrogation Advocacy: Defense counsel accompanied Mark to prosecutorial hearings, ensuring clear communication and defending his testimony.
Case Outcome
The prosecutor adopted Chensheng’s arguments in full, granting a Non-Indictment處分 (不起訴). Mark was completely cleared of all charges, preserving his employment visa and clean record in Taiwan.
Frequently Asked Questions (FAQ)
Attorney Insight Summary: Answers to top long-tail queries regarding foreign criminal defense in Taiwan.
Q1: Will I be deported immediately if convicted of a crime in Taiwan?
Answer: Under Article 95 of the Criminal Code, foreign nationals sentenced to imprisonment may be deported after serving their sentence. Securing a non-indictment or acquittal prevents deportation entirely.
Q2: What happens if I make a statement without a lawyer present?
Answer: Police transcripts are submitted directly to prosecutors and judges. Unadvised statements caused by stress or translation errors can be heavily used against you.
Q3: What is a “Deferred Prosecution” (緩起訴)?
Answer: It is a prosecutorial disposition where charges are suspended subject to fulfilling specific conditions (e.g., paying a fine). Completing the period leaves you with no criminal record.
Q4: Can I travel outside Taiwan while under criminal investigation?
Answer: Prosecutors or courts may issue travel restrictions (限制出境) under the Code of Criminal Procedure if a suspect is deemed a flight risk.
Q5: Does Chensheng International Law Firm provide full English representation?
Answer: Yes. Our firm provides comprehensive English services, including bilingual strategy sessions, attendance at interrogations, and English legal briefs.
Protect Your Future: Partner with Chensheng International Law Firm
Attorney Insight Summary: Facing criminal charges in Taiwan requires an experienced, bilingual legal team dedicated to achieving the best possible result.
Facing criminal prosecution in a foreign jurisdiction is daunting, but Taiwanese law accords vital rights to defense when properly asserted.
Chensheng International Law Firm (謙聖國際法律事務所) brings a stellar record of over 6,000 criminal cases, specializing in fraud, narcotics, and complex defense litigation with over 1,000 non-indictments, acquittals, and probation verdicts. With branches in Taipei, Taoyuan, and Kaohsiung, our bilingual team provides aggressive, high-caliber defense across Taiwan.
Don’t let language barriers compromise your liberty. Contact Chensheng International Law Firm today for a confidential case evaluation to secure the best possible outcome.
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