Deferred Prosecution with Drug Treatment: 5 Rules in Taiwan

Deferred Prosecution with Drug Treatment may still be considered in Taiwan even when you have another criminal case. A separate investigation, prosecution, detention order or sentence needs careful review, but it does not always mean treatment is unavailable. The central question is whether the legal requirements are met and the other proceedings would prevent you from completing treatment.

💡For someone facing a drug-use investigation, this distinction matters. A realistic request should explain the status of every case, address possible imprisonment and show how treatment can actually be completed. Willingness to change is valuable, but supporting documents and a workable plan make the request more concrete.

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1. What Is a Treatment-Based Deferral?

Deferred prosecution is a prosecutor’s decision to postpone prosecution subject to a specified period and, where imposed, conditions. Under Article 253-1 of Taiwan’s Code of Criminal Procedure, the period is one to three years. The provision also sets limits based on the statutory punishment for the offense. law.moj.gov.tw

This is different from a suspended sentence, which follows a court’s conviction and sentencing. It is also different from a non-prosecution decision based on insufficient suspicion.For eligible drug-use cases, treatment may form part of the conditions. Article 24 of the Narcotics Hazard Prevention Act provides the relevant relationship between conditional deferral and the statutory procedures for observation and rehabilitation. law.moj.gov.tw

➥The prosecutor decides whether this route is appropriate. Asking for treatment does not automatically secure approval, and a disposition in the drug-use case does not resolve your other criminal proceedings.

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2. Deferred Prosecution with Drug Treatment: The Exception for Other Cases

Article 2 of the regulations governing addiction treatment and completion standards identifies three circumstances that ordinarily make a defendant unsuitable:

1. Before the disposition, the defendant has been prosecuted for another intentional offense or has a final conviction for it.
2. Parole in another case has been revoked, and the defendant is awaiting imprisonment.
3. The defendant is detained or serving a prison sentence in another case.

However, the provision expressly preserves an exception where those circumstances do not obstruct completion of the treatment course. mojlaw.moj.gov.tw

➥The current Chinese wording does not say merely “may be unsuitable.” The opportunity comes from the express exception, together with the prosecutor’s assessment under the applicable laws.A lawyer should therefore address the actual effect of the other proceedings, rather than argue that another case never matters.

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3. Five Points to Review Before Making a Request

(1) Identify the exact stage of the other proceedings

“Having another case” can mean very different things: receiving a police notice, being investigated, facing prosecution, appealing a judgment or awaiting execution of a sentence.

➥Provide the relevant notices, charging documents, judgments and execution documents. A case still under investigation should not automatically be described as a prosecution or final conviction.

(2) Assess whether custody would interrupt treatment

If another case involves detention or imprisonment, explain how that situation affects attendance and completion. Avoid relying on a hoped-for release date or an assumed sentencing outcome.

➥Where the timetable is uncertain, disclose the uncertainty and identify what further information is needed. A treatment proposal must account for practical restrictions on movement.

(3) Obtain a professional assessment

Article 3 of the treatment regulations requires assessment of matters such as the severity of drug use, other mental health conditions and treatment planning. If a non-medical treatment institution is proposed, its suitability and feasibility must also be assessed. mojlaw.moj.gov.tw

➥A legal submission cannot replace that professional evaluation. The treatment needs, provider’s capacity and proposed schedule should support the request.

(4) Explain how attendance and costs will be managed

Prepare information about work hours, transport, family support and existing care responsibilities. These details can help explain whether the proposed schedule is realistic.

➥Article 15 generally places assessment and treatment costs on the defendant, except where public or private assistance reduces or covers them. If finances are a barrier, raise the issue early and check available assistance rather than silently missing appointments. mojlaw.moj.gov.tw

(5) Review risks that continue after approval

An existing case may remain relevant after the prosecutor grants a deferral. Article 253-3 of the Code of Criminal Procedure permits revocation in specified circumstances, including a prison sentence imposed during the deferral period for another intentional offense committed beforehand. law.moj.gov.tw

➥Treatment-related breaches can also create revocation risks. Approval should therefore be accompanied by a plan for keeping counsel and the responsible authorities informed about changes.

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4. Does a Separate Drug-Trafficking Case Change the Analysis?

It can. A drug-use investigation and an allegation of manufacturing, transporting or selling drugs involve different legal questions.Treatment in the consumption case does not erase the trafficking allegation. The other case may affect custody, sentencing, the ability to attend treatment and the suitability of a deferral.

Counsel should review each alleged offense and its statutory punishment separately. You should not assume that a treatment exception makes an otherwise ineligible trafficking charge eligible for the same disposition.The practical task is to map both cases: what conduct is alleged, what evidence exists, what stage each case has reached and how their timelines interact.

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5. What Documents Should You Prepare?

Before consulting a lawyer, gather available documents in these categories:

• Case information: police notices, prosecutor’s summonses, charging documents, judgments and case numbers.
• Custody information: detention decisions, parole-revocation documents and notices concerning sentence execution.
• Treatment information: assessment results, appointment records, medical documents and any proposed schedule.
• Practical support: employment information, transport arrangements, family assistance and relevant financial documents.
• Compliance history: records showing attendance and any explanations for interruptions.

➥Organize the papers by case and date. Clearly separate confirmed facts from estimates.Do not hide another prosecution or sentence. An incomplete account may prevent the lawyer from addressing precisely the obstacle that needs to be resolved.

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6. What If You Have Already Been Told You Are Ineligible?

First, clarify who gave the explanation, what legal provision was relied on and whether a formal decision has been made.

A lawyer can check whether the correct procedural status was used, whether the treatment-completion exception was considered and whether the request lacked necessary information.Where appropriate, counsel may submit a written explanation or additional documents asking the prosecutor to consider the individual circumstances. Any further procedural response depends on the decision and the stage of the case.

💡There is no universal “golden deadline” guaranteeing access to treatment. Raise the issue promptly, while there is still an appropriate procedural opportunity to present the assessment and supporting materials.

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7. Frequently Asked Questions

(1) Can I request Deferred Prosecution with Drug Treatment if another case is pending?

Potentially. The other case’s stage and effect on treatment must be examined. The regulations contain an exception concerning completion, but approval remains subject to the applicable legal requirements and individual assessment.

(2) Is being investigated the same as already being prosecuted?

No. Those are different procedural stages. Provide the actual documents so counsel can identify which rules apply, rather than relying on the general phrase “another case.”

(3) Does agreeing to treatment guarantee approval?

No. Consent matters, but it does not replace professional assessment, legal eligibility or the prosecutor’s decision.

(4) How long does the process last?

The deferral period is one to three years. Under Article 9 of the treatment regulations, a single treatment course has a maximum duration of one continuous year. These are different periods; completing treatment does not necessarily end the deferral period. law.moj.gov.tw

(5) What happens if I miss appointments or test positive?

Article 11 lists circumstances treated as failure to complete treatment, including specified unjustified absences and specified positive drug-test results. They can support revocation. Report genuine difficulties promptly and preserve supporting evidence instead of assuming missed treatment will be excused. mojlaw.moj.gov.tw

(6) Does approval mean I have no criminal record of any kind?

It is not a conviction, but it should not be described as deleting all investigation and disposition records. Employment, licensing, immigration and police-certificate questions require separate review of the applicable rules. www.tph.moj.gov.tw

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8. How Chien Sheng International Law Firm Can Help

A useful defense request connects the legal exception with verifiable facts: the other case’s status, any custody restrictions, the professional assessment and a credible treatment timetable.Chien Sheng International Law Firm can review the proceedings, prepare legal submissions and supporting documents, and explain both the potential benefit and the continuing risks. Medical assessment and treatment arrangements remain matters for the relevant professionals and institutions.

🕵🏻‍♂️Learn more about our criminal defense and drug-case services, or review our lawyer team.

If you are facing a drug-use case alongside another prosecution, bring the documents for both cases to your consultation. Early review can help identify what must be addressed before asking the prosecutor to consider a treatment-based disposition.

➥This article provides general information about Taiwan law. Approval, treatment suitability and case outcomes depend on the evidence, applicable law and procedural circumstances. No particular disposition or result is guaranteed.

 

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