This material provides general information about the Taiwan legal system. It is not intended to take the place of legal counsel.

American citizens who violate the laws of Taiwan are subject to local jurisdiction. American citizens should not expect preferential treatment from local authorities. All prison sentences must be served in a Taiwan penal facility. There is no provision under Taiwan law for convicted Americans to serve sentences in the U.S. Neither the American Institute in Taiwan (AIT) nor the United States government can obtain the release of American citizens incarcerated in Taiwan.

If you are arrested:

Contact AIT immediately, or ask the police to do so. In northern Taiwan, call AIT Taipei (02) 2162-2000. In southern Taiwan, call AIT Kaohsiung (07) 238-7744. An AIT Duty Officer is available 24 hours a day.

Do not sign anything you do not understand. Suspects in Taiwan have the right to remain silent and to refuse to sign documents.

Consider hiring an attorney. Suspects have the right to an attorney, and AIT strongly encourages American citizens who have been arrested to exercise this right. AIT officers cannot act as your attorney or provide legal advice.

Click here for a list of English-speaking attorneys

AIT’s role:

AIT's responsibility is to ensure that American citizens who are arrested are treated according to international standards and accorded the same rights as Taiwanese.

AIT can intercede with local authorities if there are allegations of mistreatment or abuse of American citizens in custody. AIT can also ask the prison authority to assist incarcerated American citizens with medical care or medication.

Upon notification of the arrest of an American citizen, an AIT officer will attempt to visit within 48 hours. During the visit, the officer will provide a list of English-speaking attorneys.

The Privacy Act of 1974 places restrictions on the release of information to outside parties. Except in a few limited exceptions, AIT will not provide information about an American citizen unless the American citizen in question has given AIT written authorization. If authorized, an officer will notify family, friends, or others of the American citizen's arrest.

AIT will monitor the case as it progresses through the Taiwan legal system and will remain in contact with the American citizen and/or authorized family members. An AIT officer will visit detained American citizens on a quarterly basis and will attend the trial as an observer in some cases.

Visit http://travel.state.gov/law/info/info_639.html for general information about State Department assistance to U.S. citizens arrested abroad.

Taiwan’s Judicial System

Taiwan has adopted aspects of an American-style adversarial legal system, but it is not the same. In Taiwan’s system the judge plays a dominant role in court proceedings and determines the defendant’s guilt or innocence. There are no jury trials.

The Taiwan Criminal Code imposes harsh penalties for the illegal use or possession of controlled substances, with sentences ranging from prison terms to death.

The Legal Process

Arrest and police questioning:

After arrest, the suspect is taken to the nearest police station for questioning. If it appears a crime has been committed, the suspect may be transferred to a larger police station for additional questioning.

Under Taiwan law, suspects have the right to remain silent and the right to have legal representation. However, the Taiwan authorities are under no obligation to provide an attorney. The police may ask the suspect to sign documents which may be used against the defendant at trial. Suspects have the right to refuse to sign documents.

Police cannot usually detain a suspect for more than 24 hours without bringing charges or obtaining a warrant from a judge. This limitation applies only to Taiwan citizens and foreigners in legal immigration status.

Prosecutor’s investigation:

When formal charges are filed, the case is forwarded to the public prosecutor for investigation.

A Taiwan prosecutor's responsibilities are similar to those of prosecutors or district attorneys in the U.S., but with wider powers. The prosecutor determines whether a case can be made against the suspect. There is no grand jury; instead, the prosecutor conducts investigative hearings. Defense attorneys are permitted to attend these hearings but their role is limited. During the investigation, a defense attorney might ask the prosecutor to speak with witnesses favorable to the defendant or to consider evidence, but may not cross-examine witnesses or petition for disclosure.

If the prosecutor determines there is sufficient evidence to proceed they will determine whether further detention is necessary or whether bail can be granted. If bail is granted, the defendant must find a guarantor who is willing to post bail and to ensure that the defendant will appear at subsequent legal proceedings. A locally hired attorney can act as a guarantor. AIT cannot act as a guarantor.

Suspects may be held in detention for a period of two months. This period can be extended once, for a total of four months. If after four months the prosecutor has not gathered sufficient evidence for an indictment, the suspect must be released, though an indictment can be brought at a later date. This limitation applies only to Taiwan citizens and foreigners in legal immigration status.

In cases involving foreigners, the prosecutor may give the accused the option of deportation in lieu of prosecution. This is only offered for minor infractions rather than serious crime. The accused is responsible for the cost of air transportation to the U.S.

Individuals arrested in the Taipei area are usually taken to the Taipei Detention Center for confinement, while persons arrested outside Taipei are taken to a local detention facility. Individuals who are not in Taiwan in legal immigration status are usually confined at the Sanhsia Alien Detention Center. Visits by family, friends, and the suspect’s attorney are allowed under most circumstances, although the suspect should be aware that any conversations held at the prison may be monitored and used as evidence during the trial.

Trial:

If the prosecutor determines that sufficient evidence exists to prosecute, a formal indictment is filed and the case is turned over to the District Court for trial. An initial trial date is set by the District Court judge assigned to the case. On the trial date, the accused is taken to court either from the detention center or, if released on bail, called to appear through a summons. Unlike in the U.S., where criminal trials proceed from start to finish, trials in Taiwan often occur in stages, which may be separated by periods of weeks or even months.

The judge is expected to act as an impartial referee. Defense attorneys and prosecutors are considered equal participants in the trial. Defense attorneys have the right to cross-examine prosecution witnesses and to present witnesses beneficial to the defense.

A public defender will be provided only in cases involving a possible maximum sentence of three years or more. An interpreter will be assigned to the case if required. An AIT representative is usually allowed to be present as an observer, but cannot act as an interpreter or provide legal counsel.

The judge renders the final verdict. There is no jury. If the defendant is found guilty, the judge determines the sentence. If the defendant is found not guilty they are released. In either case, a written copy of the decision will be sent to the defendant or the attorney.

Appeal:

Once the court has issued the judgment, an attorney may file an appeal. The defendant may also request the assistance of a detention center official in preparing an appeal. The appeal must be lodged within ten days for criminal cases and twenty days for civil cases. The prosecution also has the right to appeal and frequently does so.

There are three levels of courts in Taiwan. The District Court is the basic court in which most criminal trials are held. Appeals from the District Court are made to the High Court, and ultimately to the Supreme Court. (In some minor cases involving summary court judgments, cases are appealed to a panel of District Court judges.) Decisions made by the Supreme Court are final.

Prison:

If sentenced to jail, convicted Americans are usually sent to the Taipei County Prison in Keuishan, Taoyuan to serve their term. Family and friends may visit during scheduled times. Prisoners may send and receive mail, though communications are subject to censoring. An AIT representative will visit incarcerated Americans quarterly.

Parole and deportation:

Assuming a prisoner maintains a record of good conduct, parole is usually considered after a prisoner has served half of the sentence. Parole is granted by the Ministry of Justice based on a recommendation from prison officials. Foreigners are usually deported from Taiwan as soon as they are paroled. The American citizen is responsible for the cost of air travel back to the U.S.

Click here for general information about assistance to U.S. citizens arrested abroad (http://travel.state.gov/law/info/info_639.html).