What Should Foreign Nationals Do If They Receive a Police Notice, Prosecutor’s Summons, or Court Summons in Taiwan?
商品圖像
-
商品資訊
目錄
- 1. First, identify what kind of document you received
- 2. If you receive a police notice in Taiwan
- 3. If you receive a District Prosecutors Office summons
- 4. If you receive a court summons
- 5. Your core rights during police, prosecutor, and court proceedings
- 6. What not to do after receiving a notice or summons
- 7. Why foreign nationals may choose Chien Sheng International Law Firm
- 8. How a lawyer can help before, during, and after the hearing
- 9. Practical checklist for foreign nationals in Taiwan
- 10. Selected statutory provisions: full English text
- 11. Conclusion: respond early, respond strategically, and protect your record
A practical legal guide for expatriates, foreign workers, students, business visitors, and travelers
Receiving an official document from a police station, a District Prosecutors Office, or a court in Taiwan can be deeply stressful for a foreign national. Even when the matter appears minor, the document may relate to a criminal investigation, a witness interview, a complaint filed by another person, a fraud investigation involving a bank account, a traffic-related criminal matter, a drug-related allegation, an assault dispute, or another issue that can affect your visa, employment, travel plans, and future ability to remain in Taiwan.
The most important principle is simple: do not ignore the notice, do not assume that the matter will disappear, and do not give a statement before you understand your legal status and rights. Taiwan’s Code of Criminal Procedure expressly regulates summonses, police notices, interrogation rights, the right to counsel, interpretation, examination records, and the possible consequences of failing to appear.
This article explains what a foreign national should do when receiving a police notice, a District Prosecutors Office summons, or a court summons in Taiwan. It also explains why foreign nationals may choose Chien Sheng International Law Firm, also known as 謙聖國際法律事務所, for assistance in English-speaking criminal defense and cross-border legal communication.
This article is provided for general legal information only. It does not constitute legal advice for any specific case. If you receive any police notice, prosecutor’s summons, court summons, arrest-related document, or travel-ban notice in Taiwan, you should consult a qualified Taiwan attorney immediately.
1. First, identify what kind of document you received
In Taiwan, the practical response depends on the type of document, the issuing authority, and your procedural status. A foreign national may receive a police notice for questioning, a prosecutor’s summons for an investigation hearing, or a court summons after a case has already entered trial. These documents should be treated seriously because failure to appear without a justifiable reason may lead to compulsory measures.
▪️A police notice for interview or questioning is usually issued by a police station or judicial police authority.
Its purpose is commonly to ask a suspect or related person to appear for questioning and evidence collection. If a suspect fails to appear without good reason after legal service, the police may seek a prosecutor-issued arrest warrant under Article 71-1 of the Code of Criminal Procedure.
▪️A District Prosecutors Office summons is usually issued by a public prosecutor.
Its purpose is to conduct an investigation hearing and decide whether to indict, issue a non-indictment disposition, grant deferred prosecution where legally available, or take another prosecutorial measure. If an accused fails to appear without good reason after being legally summoned, an arrest warrant may be ordered under Articles 71 and 75 of the Code of Criminal Procedure.
▪️A court summons is usually issued by a District Court or another court.
Its purpose is to require appearance for trial or other court proceedings. Failure to appear may result in compulsory appearance, adverse procedural consequences, or other court measures depending on the case.
A foreign national should carefully check the name of the issuing authority, the case number, the date and time for appearance, the location, whether the document identifies the recipient as a suspect, accused, defendant, witness, complainant, or other participant, and whether the document mentions a specific criminal offense.If you cannot read Chinese, do not rely on informal translation alone. A mistake in understanding a legal term may change the entire strategy.2. If you receive a police notice in Taiwan
A police notice is often the first point of contact in a criminal investigation. Under Article 71-1 of the Code of Criminal Procedure, a judicial police officer or judicial policeman may issue a notice requiring a suspect to appear for interrogation when necessary to investigate suspected involvement in a crime and collect evidence.
A police interview is not merely a casual conversation. In practice, the statements made during police questioning may be recorded, signed, forwarded to the prosecutor, and later used to evaluate whether the case should continue. For foreign nationals, the danger is often not intentional misconduct but misunderstanding: misunderstanding the question, misunderstanding the legal meaning of an answer, misunderstanding the written Chinese record, or signing a transcript that does not accurately reflect what was said.Before attending the police station, you should immediately preserve the document by photographing or scanning every page of the notice, envelope, and attachments. The service date, case number, issuing officer, and appearance date may affect procedural strategy.
★You should also confirm your status. A person summoned as a suspect faces different rights and risks from a person summoned as a witness, complainant, or related party. If the notice is unclear, a lawyer can help contact the authority and clarify the procedural status before the interview.
You should contact a lawyer before appearing. Article 27 of the Code of Criminal Procedure allows an accused to retain defense attorneys at any time, and the same rule applies to a suspect under investigation by judicial police officers or judicial policemen. Early legal consultation can help determine whether counsel should accompany you, what facts must be clarified, and what evidence should be prepared.
★If you have difficulty understanding Mandarin or the language used in the proceeding, you should request interpretation.
Article 99 requires interpreter assistance where an accused has difficulty understanding the language used, and Article 100-2 applies these protections to police interrogation of suspects.
Most importantly, do not sign a transcript that you cannot read or do not fully understand.Article 41 requires that examination records be read aloud to the person examined or made available for reading, and it also allows correction requests to be recorded. If the transcript is inaccurate, incomplete, or mistranslated, you should request correction before signing.In many cases, the best response is not to avoid the police but to appear properly with legal preparation. An attorney can contact the authority, confirm the nature of the case, prepare the client for questioning, attend the interview where permitted, monitor the accuracy of interpretation, review the written record, and request corrections if the transcript does not match the actual statement.
3. If you receive a District Prosecutors Office summons
A summons from the District Prosecutors Office usually means that the matter has entered the prosecutorial investigation stage. The prosecutor may question the suspect or accused, review evidence, examine witness statements, and decide whether to indict, issue a non-indictment disposition, grant deferred prosecution where legally available, or take other procedural action.This stage is especially important because the prosecutor’s decision may determine whether the case ends early or proceeds to court. For a foreign national, the consequences may extend beyond criminal liability. A pending criminal investigation may affect employment, residency, visa extension, immigration review, and international travel. In some cases, authorities may impose or maintain a restriction on departure from Taiwan, commonly known in practice as a travel ban.
If you receive a prosecutor’s summons, you should not simply appear alone and try to “explain everything” without preparation. A prosecutor’s hearing is a formal legal proceeding. Statements made during the hearing may become part of the case file.
If the case involves bank-account fraud, narcotics, assault, sexual offenses, immigration-related issues, traffic offenses involving injury, or allegations connected to online communications, early defense planning may be decisive.A practical response should include reviewing the summons, identifying the alleged offense, preparing a chronology, preserving chat records and payment records, collecting favorable evidence, identifying witnesses, preparing explanation points, and arranging counsel and interpretation. Under Article 95 of the Code of Criminal Procedure, the accused must be informed before interrogation of the alleged crimes and charges, the right to remain silent, the right to retain an attorney, and the right to request investigation of favorable evidence.
4. If you receive a court summons
A court summons often indicates that the prosecutor has already indicted the case or that the matter has otherwise entered court proceedings. Court hearings are more formal than police or prosecutor questioning. The judge may examine evidence, ask questions, hear arguments, schedule future hearings, and eventually render a judgment.At the court stage, defense work usually requires a more complete strategy. The defense attorney may need to review the case file, analyze evidence, challenge unreliable statements, prepare legal arguments, examine or cross-examine witnesses, negotiate where appropriate, and present mitigating factors if the case involves sentencing.
Article 33 of the Code of Criminal Procedure generally allows defense counsel to examine the case file and exhibits during trial, subject to legal restrictions.
★Foreign nationals should pay special attention to court dates. Travel, work schedules, language barriers, or misunderstanding of Chinese documents usually will not automatically excuse nonappearance.
If you truly cannot attend because of illness, overseas travel, or another serious reason, you should ask a lawyer to evaluate whether a formal request for postponement or other procedural response is necessary. Do not simply miss the hearing.
5. Your core rights during police, prosecutor, and court proceedings
Taiwanese criminal procedure provides several important safeguards. These safeguards are meaningful only if the person understands and uses them correctly. For foreign nationals, the most important rights are the right to counsel, the right to remain silent, the right to interpretation, the right to have the interrogation record reviewed and corrected, and the right to request investigation of favorable evidence.
▪️First, you have the right to retain defense counsel.
Article 27 allows the accused to retain defense attorneys at any time, and the same rule applies to a suspect under investigation by judicial police officers or judicial policemen.
▪️Second, you have the right to be informed of the alleged charges and procedural rights before interrogation.
Article 95 requires that the accused be informed of the alleged crimes and charges, the right to remain silent, the right to retain an attorney, and the right to request investigation of favorable evidence before interrogation.
▪️Third, you have the right to remain silent.
This means that you should not be forced to make statements against your will. In practice, silence may be appropriate until counsel is present, especially if you do not fully understand the language, legal issue, or potential consequences of your statement.
▪️Fourth, you have the right to interpretation if you have difficulty understanding the language used.
Article 99 requires interpreter assistance in such circumstances, and Article 100-2 applies the same protection to police interrogation of suspects.
▪️Fifth, the examination must be conducted honestly.
Article 98 prohibits violence, threats, inducement, fraud, exhausting examination, and other improper methods.
▪️Sixth, you have the right to review and correct the record.
Article 41 requires that records be read aloud or made available for reading, and requests for additions, deletions, or changes must be added to the record.
▪️Seventh, the examination of an accused should generally be audio-recorded without interruption, and video-recorded where necessary.
Article 100-1 also provides consequences where there is inconsistency between the written record and the audio or video record.
▪️Eighth, police interrogation of criminal suspects should not proceed at night except under legally specified circumstances.
Article 100-3 defines the night as the time between sunset and sunrise.
The most common practical mistake is signing a Chinese-language transcript without fully understanding it. Once signed, a transcript may become a central piece of evidence. If the transcript omits important explanations, mistranslates a key fact, or converts uncertainty into admission, the damage may be difficult to repair later. This is why bilingual legal assistance is especially important.
6. What not to do after receiving a notice or summons
Many foreign nationals make the situation worse by reacting emotionally or casually. You should not ignore the notice merely because you plan to leave Taiwan. A pending criminal matter may affect departure, future entry, residence, and the issuance of arrest-related measures.
You should not call the officer, complainant, witness, or alleged victim and argue about the case without legal advice. Informal statements may be misunderstood, recorded, or used as evidence. In some circumstances, contacting a witness or alleged victim may additional allegations of pressure, collusion, intimidation, or evidence interference.
You should not attend alone without knowing your procedural status. If you are treated as a suspect, you may unintentionally give statements that harm your defense. You should also avoid signing a transcript you cannot read, assuming that interpretation alone is enough, posting about the case online, or casually sending apologies, explanations, or compensation proposals without legal evaluation.
★The safest approach is to preserve evidence, remain calm, communicate through counsel where appropriate, and make every procedural move deliberately.
7. Why foreign nationals may choose Chien Sheng International Law Firm
For a foreign national, criminal defense in Taiwan requires more than general legal knowledge. It requires the ability to translate legal risk into clear English, communicate effectively with police officers, prosecutors, courts, immigration-related authorities, employers, schools, and family members overseas, and build a defense strategy that accounts for both legal and practical consequences.
★Chien Sheng International Law Firm, also known as 謙聖國際法律事務所, emphasizes criminal defense services for foreign nationals in Taiwan, including matters involving fraud investigations, drug-related allegations, police interviews, prosecutor hearings, court proceedings, and departure restrictions.
According to the firm’s own public information, its team highlights English-proficient communication, experience in foreign-national criminal cases, and emergency legal support.A foreign client may consider appointing Chien Sheng International Law Firm because English-speaking legal communication helps the client understand legal risk, procedural status, defense strategy, and next steps without relying only on informal translation. This is particularly important when a single misunderstood sentence may affect the direction of an investigation.
Foreign-national cases often involve issues beyond the criminal allegation itself, including visa status, residence permits, employment, school attendance, travel plans, and communication with family members overseas. Experience with these practical concerns allows the defense team to handle the case with a broader view of the client’s real-life needs.
During police and prosecutor hearings, counsel can help prepare statements, attend proceedings where permitted, protect procedural rights, monitor the quality of interpretation, and review transcripts before signature. This reduces the risk that an inaccurate or incomplete record will become damaging evidence later.
Early legal intervention may also help identify favorable evidence, clarify misunderstandings, and present a coherent defense before indictment. In suitable cases, the defense strategy may focus on obtaining a non-indictment disposition, deferred prosecution, favorable settlement-related outcome, reduced criminal exposure, or other legally appropriate resolution.Where a foreign national is subject to a restriction on departure from Taiwan, counsel can evaluate whether to request cancellation or modification based on the case facts, evidence, residence situation, employment status, family ties, and procedural posture. The firm’s public article refers to prior experiences involving foreign nationals, including a case in which an American national involved in a nightclub dispute obtained a non-indictment outcome, and another case in which an Indonesian scholar whose old bank account was implicated in a fraud investigation obtained lifting of a travel ban and a non-indictment outcome.Any public discussion of case experience should protect personal information and should not be understood as a guarantee of the same result in any future case. Every criminal matter depends on its own facts, evidence, charges, procedural posture, and prosecutorial or judicial evaluation.
8. How a lawyer can help before, during, and after the hearing
A lawyer’s role is not limited to standing beside the client during questioning. In foreign-national cases, effective defense often begins before the first appearance.
▪️Before the hearing, counsel can review the notice or summons, identify the alleged offense, evaluate whether the client appears as a suspect or another participant, request or confirm interpretation, prepare a factual timeline, collect favorable evidence, and communicate with the authority if scheduling or procedural clarification is needed. This preparation reduces panic and prevents avoidable mistakes.
▪️During the hearing, counsel can help the client understand the questions, object or respond to improper procedure where appropriate, remind the client of the right to silence, clarify ambiguous questions, ensure that interpretation is adequate, and review the transcript before signature. This is especially important when the transcript is written in Chinese but the client’s working language is English or another language.
▪️After the hearing, counsel can evaluate what happened, prepare supplementary submissions, request investigation of favorable evidence, monitor whether the case is transferred or indicted, respond to travel-ban or bail issues, and communicate with the client in English about the next stage. A proactive defense is usually better than waiting passively for the next notice.
9. Practical checklist for foreign nationals in Taiwan
If you receive any legal notice, summons, or request to appear, you should act immediately. On the same day, photograph the notice, envelope, and attachments, and do not throw anything away. Check the appearance date, time, location, issuing authority, case number, and alleged offense.
(1) You should contact a Taiwan criminal defense lawyer as soon as possible, preferably one able to communicate clearly in English. Before the hearing, prepare your passport, ARC or APRC if any, contact information, employment or school information, and all relevant documents.
(2) You should also collect evidence that may support your position, such as chat records, bank records, receipts, photos, videos, travel records, witness information, work schedules, location data, or other materials that may help explain what happened. Do not alter, delete, or selectively edit evidence.
At the hearing, request interpretation if needed. Do not guess the meaning of legal questions. Before signing any transcript, read it carefully or have it translated. If anything is inaccurate, incomplete, or different from what you actually said, request correction before signing.After the hearing, ask your lawyer what the next procedural step is and whether additional evidence, a written explanation, or a formal legal submission should be prepared.
10. Selected statutory provisions: full English text
The following provisions are quoted from the English version of the Code of Criminal Procedure published on the Laws & Regulations Database of the Republic of China.
Article 27
The accused may at any time retain defense attorneys. The same rule applies to a suspect under investigation by judicial police officers or judicial policemen.A statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, or family member may independently retain a defense attorney for the accused or suspect.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, a person from the group as described in the preceding paragraph, shall be notified to retain a defense attorney for the accused or suspect. However, this rule does not apply where a person from the said group cannot be reached.
Article 41
When examining an accused, a private prosecutor, a witness, an expert witness, or an interpreter, records of the following matters shall be made at the time and place of the examination:
(1) The questions asked of the person examined and his/her statements;
(2) The reason, if a witness, an expert witness, or an interpreter did not sign an affidavit affirming to tell the truth;
(3) The date and place of the examination.
The records made in accordance with the preceding paragraph shall be read aloud to the person examined or he/she shall be permitted to read the records before inquiring of the person examined whether any mistakes exist in the said records. Where the person examined is the accused, the defense attorneys present may assist the accused in reading the records and may express his/her opinions on whether any mistakes exist in the said records.Where the person examined or the defense attorneys that are present request an addition to, a redaction from, or any change to the records, a statement describing such a request shall be added to the records. The addition of the statement of the defense attorneys present to the records may only be made after the contents of the addition is explained to the accused.
The person examined shall be asked to affix his/her signature, seal, or fingerprint on the records immediately following the last line therein. Where the person examined refuses to affix his/her signature, seal, or fingerprint, the surrounding circumstances of such an occurrence shall be added to the records.
Article 71
To summon an accused, a summons shall be issued.
A summons shall state the following matters:
(1) Full name, sex, date of birth, identification number, and domicile or residence of the accused;
(2) Offense charged;
(3) Date, time, and place for appearance;
(4) That a warrant of arrest may be ordered if the accused fails to appear without justifiable causes.
Where the name of an accused is unknown or there are other circumstances which make it necessary, a summons shall state the marks or characteristics that are sufficient to identify the accused. Where the date of birth, identification number, or domicile or residence of the accused is unknown, those unknown information does not need to be stated in the summons.
A summons shall be signed by a public prosecutor during the investigation stage or by a presiding or commissioned judge during the trial stage.
Article 71-1
A judicial police officer or judicial policeman, for the necessity of investigating a suspect's involvement in a crime and collecting relevant evidence, may call by a notice the suspect to appear for interrogation. If the suspect, without good reason, fails to appear after a notice has been legally served, the public prosecutor may be sought to issue an arrest warrant.
The notice specified in the preceding section shall be signed by the head of the judicial police office. Item 1 through Item 3 of section II of the preceding Article shall apply mutatis mutandis to the matters to be stipulated in the notice.
Article 75
An accused, who without good reason fails to appear after he has been legally summoned, may be arrested with a warrant.
Article 93-1, relevant excerpts
The 24 hours, as described in the provisions of Article 91 and paragraph 2 of the preceding Article, shall exclude the elapsed time as described in the following conditions. But, there must be no unnecessary delay:
5. Where the accused or suspect expressed the desire to retain an attorney, the time spent waiting for the arrival of a defense attorney instead of conducting interrogation, shall not exceed 4 hours. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney pursuant to the provisions of Article 31 Paragraph 5; or where the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies and the notification is sent to appoint an accompanying assistant pursuant to the provisions of Article 35 Paragraph 3, the time spent waiting for the arrival of a defense attorney or accompanying assistant instead of conducting interrogation, shall not exceed 4 hours.
6. Where the accused or suspect requires the assistance of an interpreter, the time spent waiting for an interpreter instead of conducting the interrogation, shall not exceed 6 hours.No interrogation shall be conducted within the time as described in all preceding paragraphs.
Article 95
The accused shall be informed of the following items before an interrogation is conducted:
1. The alleged crimes committed, and all the criminal charges.
If it is deemed necessary to change the criminal charges after the information is given, the accused should be informed of such changes.
2. The right to remain silent, and that no statements should be made against his/her own will.
3. The right to retain an attorney.
If the accused is qualified to request for legal aid, pursuant to the laws, due to his/her low-income, or middle-to-low-income, aborigine status, or other qualifications, he may request to retain an attorney.
4. The right to request an investigation on evidence favorable to the defendant.
When an accused, without a counsel present, indicates that he/she has retained a defense attorney, the interrogation shall be ceased immediately. However, this rule does not apply where the accused consents to continue with the interrogation.
Article 98
An accused shall be examined in an honest manner; violence, threat, inducement, fraud, exhausting examination or other improper means shall not be used.
Article 99
Where an accused has a hearing or speech impairment or has difficulties in understanding the language used, the service of an interpreter shall be used; such an accused may also be examined using written words or ordered to make a statement in written words.
Unless otherwise provided in the statutory law, the preceding paragraph shall apply mutatis mutandis to other persons under examination or other examiners.
Article 100
The confession of an accused and other statements unfavorable to him as well as facts stated in his favor and the method of proof indicated shall be clearly noted in the record.
Article 100-1
The whole proceeding of examining the accused shall be recorded without interruption in audio, and also, if necessary, in video, provided that in case of an emergency, after clearly stated in the record, the said rule may not be followed.
Except for the circumstances prescribed in the Proviso of the preceding section of this article, if there is an inconsistency between the content of the record and that of the audio or video record regarding the statements made by the accused, the said portion of the statement shall not be used as evidence.
The means of preservation of the audio or video record specified in the first section of this article shall be prescribed by the Judicial Yuan and the Executive Yuan.
Article 100-2
The provisions of this chapter shall apply mutatis mutandis to the interrogation of suspects by judicial police officer or judicial policeman.
Article 100-3
The interrogation of criminal suspects by judicial police officer or judicial policeman shall not proceed at night, except for the following circumstances:
(1) Express consent by the person being interrogated;
(2) Identity check of the person arrested with or without a warrant at night;
(3) Permission by a public prosecutor or judge;
(4) In case of emergency.
Upon the request of a suspect, the interrogation shall proceed immediately.
The night herein means the time between sunset and sunrise.
11. Conclusion: respond early, respond strategically, and protect your record
For foreign nationals in Taiwan, a police notice, prosecutor’s summons, or court summons should never be treated as a routine administrative document. It may be the beginning of a criminal investigation or an important stage in an existing case. The safest response is to understand the document, confirm your status, retain counsel early, request interpretation where needed, prepare evidence, attend properly, and never sign a record that you do not fully understand.
Chien Sheng International Law Firm, 謙聖國際法律事務所, can assist foreign nationals in navigating Taiwanese criminal procedure with English-language communication, strategic defense planning, hearing preparation, transcript review, and practical support for issues such as non-indictment strategy and restriction-on-departure matters. When your freedom, residence, work, and ability to travel may be affected, early professional assistance is not merely convenient; it is an essential part of protecting your rights.【References】
►Laws & Regulations Database of the Republic of China, Code of Criminal Procedure
►Chien Sheng International Law Firm, Navigating Taiwan's Legal System: A Foreigner's Guide to Police Notices and Court Summons
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
