Minor Involved as a Fraud Money Mule? Taiwan Juvenile Court Procedures Explained
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目錄
- 1. What Age Is Covered by the Juvenile Justice Act?
- 2. What Happens in a Juvenile Fraud Money Mule Case?
- 3. What Is a Dismissal Without Adjudication?
- 4. What Are Protective Measures?
- 5. Can a Juvenile Case Be Referred to Prosecutors?
- 6. Will a Juvenile Case a Criminal Record?
- 7. What Should Parents Do If Their Child Is Involved?
Cases involving minors acting as fraud money mules, cash collectors, ATM withdrawers, account collectors, or providers of bank accounts and mobile phone numbers have become increasingly common in Taiwan.
Many parents only learn about the situation after receiving a call from the police or a notice from juvenile court. In many cases, the child became involved through online job offers, introductions from friends, promises of quick money, or peer pressure.
Parents often ask:
“Will my child have a criminal record?”
“Will the case be transferred to the prosecutor’s office?”
“Can we seek a dismissal without adjudication?”
A juvenile fraud case does not automatically proceed in the same way as an adult criminal case. However, being a minor does not mean there are no legal consequences.
Juvenile courts consider the seriousness of the conduct, the minor’s actual role, harm to victims, family support, school or employment status, risk of reoffending, and the possibility of rehabilitation.
For both parents and minors, the most important step is not to delete messages, coordinate stories with co-defendants, or attempt to hide evidence.
Instead, preserve relevant records, clarify the facts, understand the juvenile justice process, and prepare objective evidence showing the minor’s potential for rehabilitation and reintegration.
1. What Age Is Covered by the Juvenile Justice Act?
Under Article 2 of the Juvenile Justice Act, a “juvenile” means a person who is at least 12 but under 18 years of age.
Whether juvenile procedures apply generally depends on the person’s age at the time of the alleged conduct.
If the person was at least 12 but under 18 when the alleged offense occurred, the case will generally first enter the juvenile protection procedure.
Under Article 3 of the Juvenile Justice Act, juvenile courts handle cases involving juveniles who have committed acts punishable under criminal law, as well as certain situations where protective intervention is considered necessary for the juvenile’s healthy development.
In a fraud money mule case, the court will not look only at whether money was withdrawn.
It may also examine:
■ how the juvenile came into contact with the fraud ring;
■ whether the juvenile was recruited or manipulated;
■ how many times the juvenile participated;
■ the juvenile’s actual role;
■ whether compensation was received;
■ family support;
■ school or employment stability; and
■ whether a realistic rehabilitation plan exists.
2. What Happens in a Juvenile Fraud Money Mule Case?
A juvenile protection case does not usually result in an immediate court disposition.
After the case enters juvenile court, a juvenile investigator generally conducts a pre-hearing investigation.
The investigation may cover the alleged conduct, communication records, financial flows, the juvenile’s personality and lifestyle, family supervision, school attendance, friendships, other risk factors, victim losses, and the possibility of repairing the harm.
Parents may lawfully prepare materials such as:
■ original chat records and recruitment messages;
■ school or employment records;
■ family supervision plans;
■ counseling records;
■ evidence of genuine behavioral improvement;
■ apology, restitution, or restorative efforts.
These materials are not intended to conceal the facts. Their purpose is to help the court understand the juvenile’s actual circumstances and whether a lower-intensity protective response is appropriate.
3. What Is a Dismissal Without Adjudication?
Under Article 28 of the Juvenile Justice Act, if the juvenile court concludes after investigation that there is no basis for imposing a protective measure, or that the case should otherwise not proceed to adjudication, the court shall issue a dismissal without adjudication.
Under Article 29 of the Juvenile Justice Act, where the circumstances are minor and dismissal without adjudication is considered appropriate, the court may also impose measures such as:
■ a warning;
■ placing the juvenile under stricter parental or guardian supervision; or
■ referral to welfare, educational, medical, counseling, or other appropriate services.
The court may also consider restorative measures such as an apology, written statement of remorse, or compensation to the victim.
In a juvenile fraud money mule case, simply arguing that “the child is still young” is usually not enough.
Relevant factors may include whether:
■ this is the juvenile’s first offense;
■ participation was limited;
■ the conduct occurred only once;
■ the juvenile did not organize or direct the crime;
■ contact with the fraud ring stopped immediately;
■ the juvenile was recruited or manipulated;
■ the juvenile is willing to apologize or compensate victims; and
■ the family can provide a concrete education, employment, supervision, or counseling plan.
Where the case involves repeated withdrawals, multiple victims, substantial losses, active recruitment of others, significant payment, or organized participation, obtaining dismissal without adjudication may be more difficult.
4. What Are Protective Measures?
If the juvenile court determines that formal protective intervention is necessary, it may impose protective measures under Article 42 of the Juvenile Justice Act.
These may include:
■ admonition, with possible holiday life counseling;
■ probation, with possible community or labor service;
■ placement in an appropriate welfare, educational, medical, or transitional institution; or
■ placement in a juvenile correctional education institution.
Protective measures are not the same as an adult criminal sentence, but they still have real consequences.
For a first-time offender with stable family support, continued schooling, willingness to make amends, and a clear rehabilitation plan, the court may consider a less restrictive measure.
Where the juvenile repeatedly offends, lacks supervision, has unstable daily life, or remains connected to criminal groups, more intensive protective measures may be considered.
5. Can a Juvenile Case Be Referred to Prosecutors?
Yes. Juvenile cases are generally handled first by the juvenile court, but referral to prosecutors is still possible.
Under Article 27 of the Juvenile Justice Act, the juvenile court must refer certain cases to the competent prosecutor, including cases involving offenses whose statutory minimum sentence is five years or more, subject to the conditions provided by law.
In other cases, the court may also refer the case if it determines that the offense is serious and that criminal punishment is more appropriate after considering the juvenile’s conduct, personality, background, and other circumstances.
Fraud money mule cases are often examined under Article 339-4 of the Criminal Code, which governs aggravated fraud.
Aggravated fraud carries a sentence of one to seven years’ imprisonment, and therefore does not, by itself, fall within the mandatory referral category requiring a statutory minimum of five years or more.
However, this does not mean every juvenile fraud case will remain in juvenile court.
If the case involves other serious offenses, or if the court determines that criminal punishment is more appropriate, referral to prosecutors may still occur.
The defense should therefore address not only the criminal charges and evidence, but also the juvenile’s actual role and potential for rehabilitation.
A juvenile recruited by an adult under the guise of a high-paying job or delivery work may be evaluated differently from someone who knowingly, repeatedly, and actively participated in an organized fraud scheme.
Any defense, however, must be supported by genuine evidence rather than a story created after the fact.
6. Will a Juvenile Case a Criminal Record?
Juvenile cases are subject to special record-protection rules.
Under Article 83-1 of the Juvenile Justice Act, certain juvenile dispositions may, after the required period or upon satisfaction of statutory conditions, be treated as though they had never been pronounced, and the relevant records may be expunged.
For example, the law provides special rules for:
■ dismissals without adjudication;
■ completed protective measures;
■ completed sentences or pardons;
■ successful completion of suspended sentences;
■ final acquittals or non-prosecution decisions.
However, it is not accurate to say that every juvenile case automatically leaves “no record.”
Whether a record may be treated as nonexistent or expunged depends on the type of disposition, whether execution was completed, and whether the statutory time
7. What Should Parents Do If Their Child Is Involved?
■ 1. Preserve evidence and stop further contact.
Have the juvenile stop communicating with suspicious recruiters, co-defendants, or criminal groups, but do not delete, alter, or erase messages, cloud data, transaction records, or call records.
These materials may be important evidence showing how the juvenile was recruited and what role they actually played.
■ 2. Cooperate truthfully with the investigation.
Parents should protect their child, but should not coach the child to avoid investigation, memorize a prepared story, ask others to provide false testimony, or pressure victims.
If the juvenile does not remember something, they should say so truthfully rather than guess.
■ 3. Consider restitution and restorative measures early.
Apologies, compensation, and restorative efforts may be relevant when the court considers whether a lower-intensity disposition is appropriate.
Any contact with victims should be handled carefully to avoid secondary harm or inappropriate pressure.
■ 4. Prepare a concrete family and education support plan.
A general promise that “we will discipline the child more strictly” may have limited persuasive value.
More useful materials may include:
■ a stable residence and daily schedule;
■ a return-to-school or employment plan;
■ counseling arrangements;
■ specific parental supervision measures;
■ steps to prevent renewed contact with criminal peers; and
■ documented progress showing genuine behavioral change.
Being involved in a fraud money mule case as a minor does not have to define a young person’s future, but being under 18 does not mean the case will simply disappear.
The proper approach is to preserve the facts, address the harm caused, demonstrate genuine rehabilitation, establish a realistic family and educational support plan, and obtain legal assistance from lawyers familiar with both juvenile and fraud cases.
When a minor becomes involved in a fraud case, Chien Sheng International Law Firm can help determine whether the case is at the police investigation stage, juvenile investigation stage, juvenile court stage, or has already been referred to prosecutors.Our lawyers can analyze the alleged offense, the juvenile’s actual role, the evidence, and the likely procedural direction of the case.
We can also help prepare objective materials supporting juvenile protection, including evidence of recruitment or manipulation, the juvenile’s level of participation and compensation, family supervision, school and counseling records, and restitution or rehabilitation plans.
Early legal assistance may improve the chances of seeking dismissal without adjudication, a less restrictive protective measure, or reducing the risk of referral to prosecutors, depending on the facts of the case.
※ This article provides general legal information only and does not constitute legal advice for any specific case. Whether a juvenile receives a dismissal without adjudication, a protective measure, or referral to prosecutors depends on the juvenile’s age at the time of the conduct, the alleged offenses, actual role, evidence, prior record, victim losses, restorative efforts, and the results of the juvenile court investigation.
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