[Criminal Defense Lawyer for Expats in Taiwan] Nightclub Dispute Leads to Assault Charges? Chien She
商品圖像
-
商品資訊
When foreigners travel, work, or live in Taiwan, getting involved in a criminal case can be an extremely terrifying and helpless experience, especially due to language barriers and unfamiliarity with Taiwan's legal system. More severely, being implicated in a criminal case may result in an "exit restriction" (travel ban), forcing the individual to remain in Taiwan to face lengthy judicial proceedings, which can severely disrupt their life and work plans.
Today, Chien Sheng International Law Firm would like to share a successful case handled by our bilingual legal team, Attorney Wang Sheng-Chieh and Attorney Cheng Jen-Ching. We will demonstrate how our fluent English communication skills and professional criminal defense strategies helped an American client resolve an "Assault" charge arising from a nightclub conflict, successfully securing a non-prosecution decision and allowing the client to return to the United States smoothly in a short period of time!
1. Case Background: Nightclub Altercation Leads to Assault Charges
Our client (name withheld for privacy) is a 21-year-old American citizen. One late night, while relaxing at a well-known nightclub in the Xinyi District of Taipei, the client got into a verbal altercation with another patron (the complainant in this case) whom he did not know.During the chaotic situation, unable to tolerate the complainant's continuous verbal provocation and physical contact, our client impulsively slapped the complainant in the face. Subsequently, the complainant reported the incident to the police, alleging that the client caused redness, swelling, and pain to their right cheek. The police then referred our client to the Taipei District Prosecutors Office for investigation under the charge of "Offense of Causing Bodily Harm" pursuant to Article 277, Paragraph 1 of the Criminal Code.
Facing sudden criminal charges in a foreign land, our client was extremely anxious. He was deeply concerned about getting a criminal record and even more worried about being restricted from leaving Taiwan. Highly recommended by a friend, he sought assistance from Chien Sheng International Law Firm, known for its extensive experience in handling cases involving foreigners and its full English communication capabilities.
2. Chien Sheng's Rescue: Barrier-Free English Communication and Precise Defense Strategy
Upon taking the case, Attorney Wang Sheng-Chieh and Attorney Cheng Jen-Ching immediately conducted an in-depth interview with the client in fluent English. Without any language barriers, the legal team was able to fully and clearly understand every detail of the incident.The client explained to the lawyers that he did strike the complainant, but it was because the complainant kept provoking him with profanities and initiated physical contact. The client himself even sustained injuries during the conflict. Furthermore, he believed the complainant did not suffer any actual harm from the slap.
Based on the client's statement, the Chien Sheng legal team quickly formulated a precise defense strategy:(1) Taking the Initiative: Presenting Counter-Evidence
The legal team first assisted the client in seeking medical examination at a hospital and obtained a medical certificate from Cathay General Hospital. The certificate clearly documented that the client suffered multiple abrasions and contusions on his right hip, left elbow, left upper limb, and chest wall. This crucial evidence strongly corroborated the client's claim: this was a conflict involving mutual physical contact, not a one-sided assault, and the client himself was also a victim.
(2) Strictly Examining the Complainant's Evidence: Exposing False Accusations
During the prosecutorial investigation, the Chien Sheng legal team pointed out to the prosecutor that although the surveillance footage captured the client raising his hand, the essential element for establishing the offense of causing bodily harm under the Criminal Code is that the victim must have actually suffered "injury to the body or health."
We strongly argued that since reporting the case, the complainant had never provided any medical certificate to prove their injuries. Moreover, based on the photos taken by the police at the station, there were no visible signs of redness, swelling, or injury on the complainant's right cheek. In the absence of objective medical evidence, a person cannot be convicted solely on the unilateral accusations of the complainant.
(3) Invoking the Principle of Evidence-Based Adjudication
In the defense brief, the legal team invoked Article 154, Paragraph 2 of the Code of Criminal Procedure: "Facts of a crime shall be established by evidence. Without evidence, facts of a crime may not be established." We emphasized that the prosecution must rely on positive evidence to establish a crime. Since the complainant could not prove they were injured, the client's actions did not constitute the offense of causing bodily harm.
3. Case Result: Non-Prosecution Due to Insufficient Evidence, Client Returns to the US Smoothly
Thanks to the professional bilingual assistance and meticulous legal defense provided by the Chien Sheng legal team, the prosecutor at the Taipei District Prosecutors Office fully adopted our defense arguments.The prosecutor explicitly stated in the non-prosecution disposition that the complainant failed to provide a medical certificate, and the police photos showed no visible injuries. Conversely, the client (the American citizen) was able to provide a medical certificate showing multiple abrasions and contusions, which corroborated his claim of being provoked and subjected to physical contact. Ultimately, the prosecutor determined that there was insufficient positive evidence to prove the client committed the offense of assault, and granted a "non-prosecution disposition" pursuant to Article 252, Subparagraph 10 of the Code of Criminal Procedure.
More importantly, with the active assistance and efficient handling by the Chien Sheng legal team, the case was resolved in a very short time. The client not only successfully cleared the assault charges but also avoided any travel restrictions, successfully boarding a flight back to the United States just one month after the incident, bringing this foreign nightmare to a perfect end.
4. Chien Sheng's Reminder: Professional Bilingual Lawyers Are Your Best Protection When Facing Legal Issues in Taiwan
According to Article 277, Paragraph 1 of the Criminal Code: "A person who causes injury to the body or health of another shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred thousand New Taiwan Dollars." If a foreigner violates criminal laws in Taiwan, in addition to facing criminal penalties, they may also face severe consequences such as deportation or exit restrictions.If you or your foreign friends encounter criminal cases in Taiwan (such as assault, fraud, drug offenses, or offenses against reputation), please seek assistance from a professional lawyer immediately.
Chien Sheng International Law Firm boasts a strong bilingual legal team. We are not only well-versed in Taiwan's criminal legal procedures but also capable of communicating seamlessly with foreign clients in fluent English. We are dedicated to eliminating the anxiety caused by language barriers, providing you with the most precise legal analysis and the most solid courtroom defense to fully protect your legal rights and help you overcome difficulties smoothly!
If you have any legal questions,Please contact us immediately → Online Free Consultation Platform.———————————————————
Chien Sheng International Law Firm
LINE Online Legal Consultation: @lawuicc001 (Click to consult)
Welcome to call to schedule a meeting: 03-3150-034
Multiple payment methods available: Cash, Credit Card, Bank Transfer
Facebook: Chien Sheng International Law Firm
Instagram: chien.sheng_
-
商品Q&A
