What to Do If You Are Summoned by the Police in Taiwan: A Complete Legal Guide for Foreigners
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目錄
- 1.Understanding the Gravity of a Police Summons in Taiwan
- 2.Your Fundamental Legal Rights Under Taiwanese Law
- 3.Common Criminal Charges Faced by Foreigners in Taiwan
- 4.General Criminal and Administrative Offenses
- 5.Strategic Steps to Take When Summoned
- 6.Why Choose Chien Sheng International Law Firm?
Receiving a police summons or a notification to appear at the District Prosecutors Office in a foreign country can be one of the most terrifying experiences of your life. If you are an expat, an international student, a business traveler, or simply a tourist in Taiwan, finding yourself entangled in the local criminal justice system presents unique challenges. The language barrier, cultural differences, and unfamiliar legal procedures can easily turn a stressful situation into an absolute nightmare.
Whether you are facing allegations of sexual harassment, sexual assault, drug offenses, fraud, or any other criminal charges, your immediate actions following a police summons will critically determine the outcome of your case. A single misunderstanding during an interrogation can lead to devastating consequences, including imprisonment, hefty fines, deportation, and a permanent ban from re-entering Taiwan.
If you have received a police summons (警察局筆錄通知) or a subpoena from the prosecutors office (地檢署開庭通知), you must act swiftly and strategically. This comprehensive guide, brought to you by the bilingual legal team at Chien Sheng International Law Firm (謙聖國際法律事務所), will explain your fundamental rights, the criminal procedure in Taiwan, and the crucial steps you must take to protect your freedom and your future in this country.
1.Understanding the Gravity of a Police Summons in Taiwan
When you receive a formal notice from the Taiwanese police requesting your presence for questioning, it means that an official investigation has been initiated. You may be summoned as a suspect (被告) or as a witness (證人). However, it is vital to understand that your status can change rapidly during the investigation. A person initially called in as a witness can quickly become a prime suspect based on the statements made during the interrogation.
The Taiwanese criminal justice system operates on an inquisitorial model, which means that the police and prosecutors play an active role in investigating the truth. During the initial stages, law enforcement officers will gather evidence, interview witnesses, and interrogate suspects. The statements you make during this phase, officially recorded in the police interrogation report (警詢筆錄), will serve as foundational evidence throughout the entire legal process.
Attempting to handle a police interrogation on your own, especially without a comprehensive understanding of traditional Chinese legal terminology, is highly dangerous. Even if you believe you are completely innocent and simply want to explain your side of the story, cultural nuances and translation discrepancies can result in your words being misconstrued as an admission of guilt. This is why having professional legal representation from a bilingual law firm like Chien Sheng International Law Firm is not just an option—it is an absolute necessity.
2.Your Fundamental Legal Rights Under Taiwanese Law
Regardless of your nationality or visa status, the Constitution of the Republic of China (Taiwan) and the Code of Criminal Procedure guarantee you specific fundamental rights when facing criminal investigations. Knowing these rights is your first line of defense.
■ First and foremost, you have the absolute right to remain silent. According to Article 95 of the Code of Criminal Procedure, before interrogating a suspect, the authorities must explicitly inform you that you may remain silent and that you are not required to make statements contrary to your own will. You do not have to answer every question the police ask you. In many cases, exercising your right to remain silent until your lawyer arrives is the smartest decision you can make.
■ Secondly, you have the right to retain a defense attorney. You can request the presence of your lawyer during any police interrogation or prosecutorial hearing. If the police attempt to question you before your lawyer arrives, you have the legal right to refuse to answer. Chien Sheng International Law Firm strongly advises all foreign nationals to explicitly state, “I will not answer any questions without my lawyer present,” and immediately contact our bilingual legal team.
■ Thirdly, if you do not understand Mandarin Chinese fluently, you have the right to an interpreter. However, relying solely on a police-appointed interpreter can be risky. Interpreters provided by the authorities may lack legal training, and subtle mistranslations of legal concepts can severely damage your defense. This is precisely why engaging a law firm where both the attorneys and the legal assistants are fully bilingual is crucial. At Chien Sheng International Law Firm, our team ensures that every legal concept is accurately communicated to you in English, leaving no room for dangerous misunderstandings.
3.Common Criminal Charges Faced by Foreigners in Taiwan
Foreign nationals in Taiwan may find themselves facing a variety of criminal charges. Some of the most common issues our firm handles include:
Sexual Harassment and Sexual Offenses
Charges related to sexual harassment (性騷擾) and sexual assault (妨害性自主) are increasingly common and are treated with extreme severity in Taiwan. Cultural differences regarding personal boundaries, dating norms, and physical contact can sometimes lead to misunderstandings that escalate into serious criminal accusations. For instance, an action that might be considered acceptable or merely inappropriate in your home country could constitute a criminal offense under Taiwan’s Sexual Harassment Prevention Act or the Criminal Code.
➙If you are accused of a sexual offense, you must recognize that the stigma and the legal penalties are severe. The police will investigate aggressively, and the prosecutor may restrict your departure from the country (限制出境) immediately to prevent you from fleeing. Chien Sheng International Law Firm has extensive experience in defending foreign clients against sexual offense allegations, ensuring that cultural contexts are properly explained and that your side of the story is robustly defended.
Drug-Related Offenses
Taiwan maintains some of the strictest anti-drug laws in the world. The Narcotics Hazard Prevention Act severely punishes the possession, use, transportation, and sale of illegal substances. Notably, marijuana, which has been legalized or decriminalized in many Western countries, remains a Category 2 narcotic in Taiwan. Being caught with even a small amount of marijuana can lead to imprisonment, forced rehabilitation, and subsequent deportation.
4.General Criminal and Administrative Offenses
Foreigners may also face charges related to fraud, assault resulting from bar fights, theft, or traffic violations such as driving under the influence (DUI). Additionally, violating immigration laws, such as overstaying a visa or working illegally without a proper work permit, can result in administrative detention and deportation.
The Critical Danger of the Travel Ban (Restriction on Departure)
One of the most terrifying aspects of facing criminal charges in Taiwan as a foreigner is the imposition of a travel ban, legally known as a Restriction on Departure (限制出境). To prevent foreign suspects from fleeing the jurisdiction, prosecutors have the authority to issue an immediate order barring you from leaving Taiwan.
➙A travel ban can completely derail your life. You may lose your job in your home country, be separated from your family, and suffer immense financial hardship while waiting for the legal process to conclude—which can take months or even years.
Successfully lifting a travel ban requires sophisticated legal argumentation. Your defense attorney must convince the prosecutor or the judge that you have strong ties to Taiwan, that you pose no flight risk, and that you are fully committed to cooperating with the investigation. The bilingual legal team at Chien Sheng International Law Firm has a proven track record of successfully petitioning for the lifting of travel bans for our foreign clients, allowing them to return home or continue their international business operations while we handle their legal matters in Taiwan.
5.Strategic Steps to Take When Summoned
If you receive a police summons or a notification from the prosecutors office, you must adhere to the following strategic steps to protect yourself:
■ Do Not Ignore the Summons: Ignoring an official summons will only make the situation worse. If you fail to appear without a valid legal reason, the prosecutor may issue an arrest warrant (拘票), and you will be forcibly brought in by the police.
■ Do Not Speak to the Accuser: Attempting to contact the person who filed the complaint against you, especially in cases of sexual harassment or assault, can be disastrous. The authorities may interpret this as an attempt to tamper with evidence, intimidate a witness, or collude on testimony, which are grounds for immediate pre-trial detention (羈押).
■ Do Not Sign Anything You Do Not Understand: Never sign a police interrogation report or any legal document if you do not fully understand its contents in your native language. Once you sign a document, you are legally bound by its contents, and retracting a signed statement later is exceedingly difficult.
■ Contact a Bilingual Law Firm Immediately: Your first action upon receiving a summons should be to contact Chien Sheng International Law Firm. Do not wait until the day of the interrogation. We need time to review your case, explain the potential risks, and prepare a comprehensive defense strategy.
6.Why Choose Chien Sheng International Law Firm?
Navigating the Taiwanese legal system requires more than just a lawyer; it requires a legal team that understands your language, your culture, and the specific vulnerabilities you face as a foreigner in Taiwan.
At Chien Sheng International Law Firm, we pride ourselves on providing top-tier, fully bilingual legal services.Chien Sheng International Law Firm
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