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謙聖緩刑案例分享

 

【Attorneys in Charge: Attorney Sheng-Chieh Wang and Attorney Fu-Chi Tsai】

 

▪️Case Result: The Taiwan High Court revoked the sentencing and confiscation portions of the original judgment, resentenced the client to 3 months of imprisonment and a fine of NT$10,000, and granted a 2-year probation. During the probation period, the client is subject to probation supervision and must comply with compensation obligations and complete 40 hours of community service.

▪️Case Type: Criminal defense for foreign nationals in Taiwan, Money Laundering Control Act, aiding fraud, financial account-related criminal cases, appeal against sentencing, probation defense, and full English criminal legal services.

This article is based on an actual successful case handled by Chien Sheng International Law Firm. To protect the client’s privacy, all personal information, including the client’s name, passport number, date of birth, address, and any other identifying details, has been fully anonymized. The client is referred to below as “the Australian client.”

 

1. Case Background: When a Foreign National Faces a Money Laundering Case in Taiwan

The client in this case was an Australian national involved in a criminal case in Taiwan concerning the Money Laundering Control Act and related allegations. The case was associated with the provision of a financial account and alleged assistance in concealing criminal proceeds connected to fraud and money laundering activities. For Taiwanese citizens, criminal investigation and court proceedings can already be difficult to understand. For a foreign national whose primary language is English, the pressure is even greater because the client must deal not only with the case itself, but also with language barriers, cultural differences, legal procedures, settlement negotiations, sentencing risks, and future life arrangements in Taiwan.

In criminal cases involving foreign nationals, one of the most serious challenges is that the accused may not fully understand the legal consequences of police questioning, prosecutorial interrogation, indictments, court hearings, judgments, or appeal procedures. Without timely and accurate legal guidance, a defendant may miss crucial opportunities, such as confession-based sentence reduction, settlement with victims, a properly structured appeal, or probation advocacy.

➙In this case, Chien Sheng International Law Firm, through Attorney Sheng-Chieh Wang and Attorney Fu-Chi Tsai, assisted the Australian client in English throughout the case. The legal team explained Taiwan’s criminal procedure, the risks under the relevant criminal statutes, and the available defense strategies. At the appellate stage, the defense focused on obtaining a more favorable sentence and securing probation.

 

2. Case Result: The Appellate Court Revoked the Sentencing and Confiscation Portions and Granted Probation

After reviewing the case, the Taiwan High Court found that the original judgment had not fully considered the client’s subsequent settlements with multiple complainants and victims, as well as the client’s actual performance of compensation obligations. The Court therefore revoked the sentencing and confiscation portions of the original judgment, imposed a more favorable sentence, and granted a 2-year probation.The final judgment sentenced the client to 3 months of imprisonment and a fine of NT$10,000. If the fine is converted into labor, it is to be calculated at NT$1,000 per day. More importantly, the Court granted a 2-year probation. During the probation period, the client is subject to probation supervision, must comply with the settlement and compensation obligations stated in the judgment, and must complete 40 hours of community service within one year from the date the judgment becomes final.For a foreign national, this result is highly significant. If a criminal sentence must be executed in prison, it may affect not only personal liberty, but also the person’s residence status, employment, studies, family life, and future immigration or travel plans. By securing probation at the appellate stage, the client avoided immediate imprisonment and was given an opportunity to continue life while fulfilling legal obligations and repairing the harm caused.

 

3. Defense Strategy: A Successful Outcome Requires More Than a Guilty Plea

In money laundering and aiding fraud cases, courts do not look only at whether the defendant admits the offense. Courts also consider whether the defendant understands the harm caused, whether the defendant has attempted to repair the damage, whether compensation has actually been paid, and whether there is a risk of reoffending. In this case, the defense did not simply argue that the client was a foreigner unfamiliar with Taiwanese law. Instead, the defense presented concrete sentencing materials that the Court could rely on. Chien Sheng International Law Firm assisted the client in organizing information regarding the client’s education, work, and life in Taiwan. Through full English communication, the attorneys ensured that the client clearly understood the court procedure and the consequences of each legal decision. Attorney Sheng-Chieh Wang and Attorney Fu-Chi Tsai also helped the client address settlement and compensation arrangements with multiple complainants and victims, demonstrating to the Court that the client was not avoiding responsibility, but was willing to face the case, accept responsibility, and repair the harm.

➙The Taiwan High Court expressly considered that the client had confessed during the investigation, at trial, and after filing the appeal. The Court also considered that the client had reached settlements with multiple complainants and victims and had begun making installment payments. Because the original judgment had not fully considered these subsequent developments, the Court found the original sentence too severe and revoked the sentencing and confiscation portions of the judgment.

 

4. Why English-Speaking Criminal Defense Matters for Foreign Nationals in Taiwan

When a foreign national becomes involved in a criminal case in Taiwan, the inability to understand the case in a familiar language may serious risks. The client may not understand how each statement can affect the case, whether to plead guilty, whether to appeal, how to define the scope of appeal, or what settlement, probation supervision, community service, fines, and compensation obligations actually mean.This case also involved a strategic decision regarding the scope of appeal. The client did not challenge all findings of fact or legal classification. Instead, the appeal focused on sentencing and confiscation. Such a strategy requires a clear understanding of the judgment, the evidence, and the scope of appellate review. Without effective legal advice in a language the client understands, an appeal may lose focus or fail to achieve the most favorable possible outcome.

Chien Sheng International Law Firm provides full English communication for foreign nationals involved in criminal cases in Taiwan. We explain each stage of the criminal process, including investigation, indictment, first-instance trial, appeal, probation, probation supervision, community service, settlement, compensation, and post-judgment obligations. This is not merely translation; it is legal strategy delivered in a language the client can understand and rely on.

 

5. Relevant Legal Provisions in This Case

This case involved provisions concerning aiding offenses, fraud, and money laundering. According to the appendix to the judgment, Article 30 of the Criminal Code provides that a person who aids another in the commission of a crime is an accessory, even if the principal offender is unaware of the assistance. The punishment of an accessory may be reduced in comparison with that of the principal offender.

 

Article 339 of the Criminal Code provides that a person who, for the purpose of obtaining unlawful ownership for oneself or a third person, causes another to deliver property by fraud shall be punished by imprisonment for not more than five years, short-term imprisonment, or a fine of not more than NT$500,000, or both. The same applies to obtaining an unlawful pecuniary benefit by such means, and attempts are punishable.

 

The judgment also cited the former Article 14 of the Money Laundering Control Act, which provided that a person who commits money laundering acts under Article 2 shall be punished by imprisonment for not more than seven years and a fine of not more than NT$5 million. Attempts are punishable, and the sentence may not exceed the maximum principal punishment prescribed for the specified predicate offense.

 

The probation result in this case also reflects the importance of Article 74 of the Criminal Code concerning probation and probation conditions. In addition to granting probation, the Court ordered the client to fulfill compensation obligations and complete community service. This demonstrates that, even in money laundering cases, a concrete settlement plan, compensation efforts, and responsible post-offense conduct may an opportunity for a more favorable sentence.

 

6. What This Case Shows About Money Laundering Defense in Taiwan

Money laundering cases have become increasingly common in Taiwan, particularly in situations involving financial accounts, receiving or transferring funds, assisting with withdrawals, or allowing others to use financial tools. Even if the defendant does not fully understand the entire criminal scheme, prosecutors may still consider charges such as aiding fraud, aiding money laundering, or money laundering.

 

Therefore, if a foreign national in Taiwan receives a police notice, a summons from the prosecutor’s office, a court hearing notice, or discovers that a bank account has been flagged.