What Should You Do If You Are Involved in a Criminal Case in Taiwan?
What Should You Do If You Are Involved in a Criminal Case in Taiwan?
A Complete Guide to Taiwan's Criminal Procedure
Receiving a notice from the police, a summons from a District Prosecutors Office, or learning that someone has filed a criminal complaint against you can be overwhelming. One of the first questions most people ask is: "Am I going to jail?"
The answer is: not necessarily.
A criminal case in Taiwan goes through several procedural stages before any final decision is made. Receiving a notice from the police or prosecutors does not mean that you have been found guilty. On the contrary, every stage of the criminal process provides different legal rights and strategic options for protecting your interests.
This article provides a comprehensive overview of Taiwan's criminal justice system, from the initial police investigation and prosecutorial investigation to criminal trials, appeals, and the enforcement of criminal judgments.
I. What Does It Mean If You Receive a Notice from the Police or the Prosecutor?
A criminal investigation in Taiwan may begin in several different ways, including:
- A victim files a criminal complaint.
- A member of the public reports a suspected crime.
- The police discover suspected criminal conduct during their duties.
- A prosecutor independently discovers information suggesting that a crime may have been committed.
Accordingly, a criminal investigation may begin even if no one has formally filed a complaint against you.
If you receive:
- a Notice from the Police,
- or a Summons issued by a District Prosecutors Office,
it simply means that the authorities wish to understand the facts of the case. It does not mean that you have already been found guilty.
Under Article 95 of the Taiwan Code of Criminal Procedure, before any interrogation begins, a suspect or defendant must be informed of important procedural rights, including:
- the offense of which they are suspected;
- the right to remain silent and not be compelled to make statements against their own will;
- the right to retain a defense attorney; and
- the right to request the investigation of evidence favorable to their defense.
These rights form one of the most fundamental safeguards in Taiwan's criminal justice system.
II. What Is a Police Interview?
In most criminal cases, the first formal step is a Police Interview, during which the police question the suspect and prepare an official interview record.
After receiving a report of a suspected crime, the police conduct an initial investigation to gather facts and preserve evidence before forwarding the case to the prosecutors. As part of this process, the police usually issue a notice requesting that the suspect appear at the police station—typically at the Criminal Investigation Division—to provide an explanation of the relevant events.
The purpose of the police interview is to collect evidence and clarify the facts so that the prosecutor can later determine how the investigation should proceed.
During a police interview, officers commonly ask questions such as:
- What happened?
- Do you know the people involved?
- Did you commit the alleged offense?
- Do you have any evidence relevant to the case?
Many people mistakenly believe:"As long as I cooperate with the police and explain everything, everything will be fine."
In reality, the police interview record is often the first contemporaneous account of the case and may become one of the prosecutor's most important pieces of evidence. If the case is later prosecuted, that interview record will also be submitted to the court and may significantly influence the judge's assessment of the facts.
For this reason, a police interview is far more important than many people realize.
Before attending a police interview, you should remember the following:
- Do not guess the answer if you do not know something.
- If you are uncertain, clearly state, "I am not sure."
- If you cannot remember, simply say, "I do not remember."
- Carefully read the interview record before signing it and make sure it accurately reflects what you intended to say.
If the case involves a serious offense or complicated legal issues, it is generally advisable to consult a defense attorney before the interview and, where appropriate, have your attorney accompany you during questioning. A single inaccurate or poorly phrased statement can have lasting consequences throughout the remainder of the criminal proceedings.
III. What Is the Prosecutor's Investigation?
After the police complete their initial investigation, the case is generally forwarded to the appropriate District Prosecutors Office, where a prosecutor will continue the investigation.
Unlike the police, whose primary responsibility is evidence collection, the prosecutor is responsible for independently determining whether sufficient evidence exists to prove that a criminal offense has been committed.
During the investigation, the prosecutor may:
- summon the suspect or defendant for questioning;
- summon the complainant;
- summon witnesses;
- obtain records from government agencies;
- obtain bank records;
- obtain telephone communication records or surveillance footage;
- conduct searches and seizures; and
- inspect or order forensic examinations of physical evidence.
For more complicated cases, the prosecutor may conduct several rounds of interrogation before deciding whether the available evidence is sufficient to conclude the investigation.
IV. What Decisions Can the Prosecutor Make?
Once the investigation is completed, the prosecutor will generally make one of the following decisions.
(1) Non-Prosecution Disposition
A Non-Prosecution Disposition means that, after completing the investigation, the prosecutor determines that criminal prosecution is not appropriate and therefore decides not to bring the case before the court.
In other words, the criminal proceedings end at the prosecutorial stage, and the defendant will not be required to stand trial or receive a criminal conviction.
Article 252 of the Taiwan Code of Criminal Procedure provides various grounds upon which a prosecutor may issue a Non-Prosecution Disposition, including circumstances where:
- there is insufficient evidence to establish criminal suspicion;
- the complaint has been lawfully withdrawn in an offense prosecutable only upon complaint, or the statutory complaint period has expired;
- the suspect or defendant has died; or
- the alleged conduct is not punishable under the law.
Receiving a Non-Prosecution Disposition generally means that the defendant will not proceed to criminal trial.
However, it is important to note that if the complainant disagrees with the prosecutor's decision, they may, within the statutory period, file an appeal (known as a Petition for Reconsideration) requesting review by the higher-level Prosecutors Office.
A Deferred Prosecution applies where the prosecutor concludes that the suspect committed a criminal offense, but the circumstances justify giving the individual an opportunity for rehabilitation rather than immediate prosecution.
Under Article 253-1 of the Taiwan Code of Criminal Procedure, deferred prosecution may generally be available where:
- the offense is not punishable by death, life imprisonment, or a minimum sentence of three years' imprisonment;
- the defendant does not have a significant criminal record; and
- the defendant has compensated the victim or reached a settlement where appropriate.
If deferred prosecution is granted, the prosecutor postpones prosecution for a specified observation period, usually between one and three years.
Pursuant to Article 253-2 of the Taiwan Code of Criminal Procedure, the prosecutor may also impose one or more conditions during that period, including:
- making a payment to the public treasury;
- apologizing to or compensating the victim;
- completing legal education programs; or
- performing community service.
If all conditions are successfully completed and no grounds for revocation arise during the observation period, the criminal case will be concluded without prosecution, and the defendant will not receive a criminal conviction.
If, after considering all witness testimony, documentary evidence, physical evidence, and other investigative materials, the prosecutor concludes that there is sufficient evidence to establish criminal suspicion, the prosecutor will file an Indictment with the court pursuant to Article 264 of the Taiwan Code of Criminal Procedure.
Once the indictment is filed, the case formally enters the criminal trial stage before the court.
V. How Does a Criminal Trial Work?
Once the prosecutor files an indictment, the case enters the criminal trial stage. The purpose of the trial is for the court to determine whether the defendant is guilty and, if so, what criminal penalty should be imposed.
During the trial, the court may:
- examine documentary and physical evidence;
- summon witnesses to testify;
- conduct witness examinations and cross-examinations;
- inspect physical evidence; and
- hear legal arguments from both the prosecutor and the defense attorney.
Under Taiwan's presumption of innocence, every defendant is presumed innocent unless and until guilt has been established by a final judgment.
After considering all of the evidence, the court may issue one of several different judgments, including:
- A guilty judgment;
- A not guilty judgment;
- A judgment dismissing the case on procedural grounds;
- A judgment exempting the defendant from prosecution; or
- A judgment exempting the defendant from punishment.
If the court finds the defendant guilty, it will also determine the appropriate criminal penalty. Depending on the offense, possible penalties include:
- A criminal fine;
- Short-term imprisonment;
- Fixed-term imprisonment;
- Life imprisonment; or
- The death penalty.
In appropriate cases, however, the court may also grant a Suspended Sentence under Article 74 of the Taiwan Criminal Code.
Generally speaking, where a defendant is sentenced to imprisonment for no more than two years, short-term imprisonment, or a criminal fine, and the court concludes that the defendant has shown genuine remorse or is unlikely to reoffend—for example, by reaching a settlement with the victim—the court may suspend the execution of the sentence for a probationary period of two to five years.
If the defendant successfully complies with the conditions imposed during that period, they will not be required to serve the suspended sentence.
VI. Can You Appeal a Criminal Judgment?
Taiwan generally adopts a three-level, three-instance court system for criminal cases.After a judgment is rendered by the trial court, both the defendant and the prosecutor have the right to appeal to the court of second instance.If the statutory requirements are satisfied, either party may further appeal to the Supreme Court, although third-instance appeals generally focus on legal issues rather than factual disputes.Accordingly, an unfavorable judgment at the first trial does not necessarily mean that the case has reached its final conclusion.
VII. What Happens After the Judgment Becomes Final?
Once a criminal judgment becomes final and binding, responsibility for enforcing the sentence is transferred to the appropriate District Prosecutors Office.
Depending on the contents of the judgment, the enforcement stage may include:
- Payment of a criminal fine;
- Serving a prison sentence;
- Commutation of imprisonment to a fine (where permitted by law);
- Community service in lieu of imprisonment (where permitted by law);
- Supervision during a suspended sentence or probation; and
- Confiscation of criminal proceeds or property.
At this stage, the case has moved beyond the court's adjudication process and entered the criminal enforcement stage.
A defendant who, without a legitimate reason, refuses to report for enforcement may be subject to compulsory measures, including arrest or being placed on Taiwan's wanted list.
Frequently Asked Questions
Below are some of the questions we are most frequently asked by clients who have become involved in criminal investigations in Taiwan.
Q1. Does receiving a police notice or a prosecutor's summons mean that I am guilty?
No.
Receiving a notice simply means that the authorities wish to obtain your explanation of the facts. It does not mean that you have already been found guilty.
Under Taiwan's criminal justice system, prosecutors must first investigate the case and collect sufficient evidence before deciding whether prosecution is appropriate. Even if a case is prosecuted, the court must independently examine the evidence before determining guilt.
Until a criminal judgment becomes final, every defendant is protected by the presumption of innocence.
Q2. Can I simply ignore the notice?
Generally, no.
If you fail to appear after being lawfully summoned by the police or the prosecutor without a legitimate reason, the authorities may take compulsory measures against you, including:
- Compulsory appearance (arrest pursuant to a warrant); or
- Being declared a wanted person.
If you genuinely cannot attend—for example, because of work obligations, hospitalization, or overseas travel—you should contact the investigating authority as early as possible to explain the circumstances and request a different appointment date, rather than simply failing to appear.
Q3. Do I have to pay any court filing fees in a criminal case?
No.
Unlike civil litigation, criminal proceedings are initiated and conducted by the government. Therefore, you are not required to pay any court filing fees simply because you are involved in a criminal investigation or criminal trial.
Court filing fees generally apply only to civil lawsuits, such as claims for damages or repayment of debts.
If someone claiming to be a police officer, prosecutor, or court official asks you to transfer money, pay a "security deposit," "case processing fee," or any other fee before your criminal case can proceed, it is very likely to be a fraudulent scam.
If this happens, you should immediately verify the request with the relevant authorities before making any payment.
Q4. Can I wait until the trial begins before hiring a lawyer?
It is strongly discouraged.
Many people assume: "I'll hire a lawyer only if I'm actually prosecuted."
In reality, the investigation stage is often the most important phase of a criminal case.
At this stage, suspects are frequently questioned by the police or prosecutor with little warning and insufficient preparation. It is also the stage where people are most likely to make statements that unintentionally damage their own case.
Early legal representation allows both the lawyer and the client to develop an appropriate defense strategy before these critical interviews take place.
For example:
- How should you answer questions during your first police interview?
- Should you proactively submit evidence favorable to your defense?
- Is it appropriate to negotiate a settlement with the victim?
- Would admitting certain facts improve your chances of obtaining Deferred Prosecution or a more lenient sentence?
In many criminal cases, the overall direction of the case is largely established during the prosecutor's investigation.
For that reason, seeking legal advice at an early stage generally provides the best opportunity to reduce legal risks and protect your rights.
Q5. I am innocent. Do I still need a lawyer?
Yes, it is still highly advisable.
Defense attorneys are not only for people who have committed crimes.
Many innocent individuals unintentionally make their situations more complicated because they:
- give inconsistent statements;
- misunderstand the questions asked by investigators;
- fail to submit evidence favorable to their defense in a timely manner; or
- are unaware of their procedural rights.
A defense attorney's role is not simply to defend guilty individuals. More importantly, an attorney helps ensure that your rights are protected throughout the criminal process, that your explanation is accurately presented, and that procedural mistakes do not negatively affect the outcome of your case.
Q6. Should I always exercise my right to remain silent, just like people do in TV dramas?
Not necessarily.
Under Article 95 of the Taiwan Code of Criminal Procedure, every defendant has the right to remain silent.
However, the right to remain silent is not a universal solution, nor is it always the best strategy.
For example, you may already possess evidence that strongly supports your innocence, such as:
- a complete alibi;
- surveillance footage;
- text messages or chat records demonstrating what actually happened; or
- other objective evidence capable of immediately eliminating suspicion.
In these situations, providing an appropriate explanation—or asking the prosecutor to investigate evidence favorable to your defense—may actually help resolve the case more quickly.
Rather than automatically remaining silent, the more important question is: Which questions should you answer, and which questions should you decline to answer?
The best approach is to discuss the circumstances of your case with your attorney first so that an appropriate defense strategy can be developed.
Q7. Can my lawyer attend the investigation or trial on my behalf so that I do not have to appear?
Generally, no.
A criminal investigation concerns the defendant personally.
If the police, prosecutor, or court lawfully requires your appearance, you are generally expected to attend in person.
Although Taiwan's law permits certain minor criminal cases to proceed without the defendant's personal appearance under limited circumstances, these exceptions are relatively uncommon.
In most cases, the best practice is: Appear in person with your defense attorney.
This allows you to respond promptly to questions from the prosecutor or the court while ensuring that your legal rights are properly protected.
Q8. If I settle with the victim, will the criminal case automatically disappear?
Not necessarily.
The answer depends on the nature of the offense.
For offenses prosecutable only upon complaint, such as:
- Simple Assault;
- Public Insult; or
- Criminal Defamation,
the withdrawal of the criminal complaint by the victim will generally result in either a Non-Prosecution Disposition by the prosecutor or dismissal of the criminal case by the court.
However, for offenses prosecutable regardless of the victim's wishes, such as:
- Fraud;
- Sexual Assault;
- Homicide; or
- Assault Resulting in Death,
the prosecutor may continue the prosecution even if the victim and the defendant have reached a settlement.
That said, a settlement is still an important mitigating factor. It may significantly improve the defendant's chances of obtaining Deferred Prosecution, a Suspended Sentence, a reduced sentence, or another favorable outcome.
Q9. Can the police require me to unlock my phone or provide my password?
Not always.
Whether you are legally required to cooperate depends on the specific facts of the case and the applicable legal authority.
For example, after lawfully searching and seizing a mobile phone, whether investigators may compel the owner to disclose a password involves important legal issues, including:
- the right to privacy;
- the privilege against self-incrimination; and
- constitutional protections.
There is no universal answer that applies to every situation.
If you encounter this issue during a criminal investigation, you should avoid making an immediate decision on your own. Instead, consult a defense attorney before deciding how to respond.
Q10. How long does a criminal case usually take?
There is no fixed timeline.
A relatively straightforward case may conclude within several months.
However, more complicated cases involving matters such as:
- multiple defendants;
- extensive financial transactions;
- digital forensic examinations;
- cross-border investigations; or
- expert opinions,
may take one year or even several years before reaching a final resolution.
Q11. If I have a criminal record, will I automatically receive a heavier sentence?
Not necessarily.
When determining an appropriate sentence, Taiwanese courts consider many factors, including:
- whether the defendant qualifies as a repeat offender under Article 47 of the Taiwan Criminal Code;
- whether the prior conviction involved a similar type of offense;
- how much time has passed since the previous conviction;
- whether the defendant admitted the offense;
- whether the defendant compensated the victim or reached a settlement; and
- the defendant's attitude after the offense.
Accordingly, having a prior criminal record does not automatically result in a harsher sentence, just as having no criminal record does not automatically guarantee probation or a lighter sentence.
Q12. If the prosecutor decides not to prosecute me, does that mean everything is over?
With respect to criminal liability, generally yes—but not necessarily with respect to civil liability.
A Non-Prosecution Disposition means that the prosecutor has determined there is insufficient legal basis to bring criminal charges.
However, some disputes also involve civil liability.
For example, cases involving:
- traffic accidents;
- tort claims; or
- contractual disputes,
may still result in a separate civil lawsuit seeking monetary damages, even if no criminal prosecution is initiated.
Q13. If I am indicted, does that mean I will definitely be convicted?
No.
An indictment simply means that the prosecutor believes sufficient evidence exists to bring the case before the court.
The court must still independently examine all of the evidence before deciding whether the prosecution has proven the defendant's guilt beyond a reasonable doubt.
Accordingly, many defendants who are indicted are ultimately found not guilty.
Being indicted does not mean that a conviction is inevitable.
Common Misconceptions
Misconception No. 1:
"The police said they only want to take a statement, so there is nothing to worry about."
Incorrect.
Your police interview record will usually be forwarded to the prosecutor and may later become important evidence during trial.
Every statement you make may affect the future direction of your case. You should therefore never treat a police interview as an informal conversation.
Misconception No. 2:
"If the prosecutor indicts me, the court has already decided that I am guilty."
Incorrect.
The prosecutor's role is to prosecute criminal offenses.
The court's role is to determine guilt.
These are separate functions, and the court must independently evaluate all of the evidence before deciding whether a defendant is guilty.
Misconception No. 3:
"Only guilty people need a lawyer."
Incorrect.
One of the most important functions of a defense attorney is to protect the procedural rights of every individual involved in a criminal case.
Even an innocent person may unintentionally damage their own case by giving inaccurate statements or misunderstanding legal procedures.
Delaying legal representation until later stages of the proceedings may mean that the best opportunity to protect your interests has already passed.
Misconception No. 4:
"If I did nothing wrong, I don't need to collect any evidence."
Incorrect.
Criminal cases are decided based on evidence.
Although prosecutors and police have a legal duty to investigate both favorable and unfavorable evidence, they may not always discover every piece of evidence that supports your defense.
If you possess surveillance footage, text messages, location records, payment records, or any other evidence that may demonstrate your innocence, you should preserve and present it as early as possible rather than waiting until the case reaches trial.
Misconception No. 5:
"The police told me to sign the interview record first. I can correct it later."
Incorrect.
Once you sign an interview record, you are confirming that it accurately reflects your statements.
If you notice any errors or omissions, you should request that they be corrected before signing the document—not afterward.
Conclusion
For most people, becoming involved in a criminal case is an unfamiliar and stressful experience. However, receiving a police notice or a prosecutor's summons does not mean that you are guilty, and being indicted does not necessarily mean that you will be convicted.
The most important thing is to understand your legal rights at the earliest possible stage, preserve any evidence that may support your defense, and seek professional legal advice when appropriate.
In many criminal cases, the investigation stage plays a decisive role in shaping the outcome of the proceedings. The earlier an appropriate legal strategy is developed, the greater the opportunity to protect your rights, reduce legal risks, and achieve the best possible result.
Whether you have received a police notice, a prosecutor's summons, or have already been indicted, obtaining timely legal advice may significantly affect the course of your case.
Legal Disclaimer
This article is provided solely for general informational purposes and is intended to help readers understand basic legal concepts under Taiwanese law. It does not constitute legal advice, legal opinions regarding any specific case, or create an attorney-client relationship between the reader and the author or this law firm.Every legal matter is unique. The applicable law, available evidence, procedural posture, and factual circumstances may differ significantly from one case to another. Even where similar legal issues arise, the appropriate legal analysis and strategy may vary depending on the specific facts. Accordingly, if you are involved in a legal dispute or require legal advice regarding a particular matter, you should consult a qualified attorney to obtain advice tailored to your individual circumstances.In addition, statutes, regulations, judicial decisions, and legal practice may change over time. This article reflects Taiwanese law and prevailing legal practice as of the date of publication (or the most recent update). Subsequent legislative amendments or developments in judicial practice may affect the accuracy or continuing applicability of the information contained herein. Readers are therefore encouraged to consult the latest legal authorities or seek professional legal advice before relying on this article.
