Facing Criminal Arrest in Taiwan? Lawyer's Guide: Secure Immediate Dismissal, Not Guilty Verdict, or Probation to Protect Your Residency!

謙聖國際法律事務所
11月22日
讀畢需時 5 分鐘

The Foreigner's Fear: The Path to Self-Preservation When Facing Criminal Charges in Taiwan

One Sentence Summary

When a foreigner faces criminal investigation or arrest in Taiwan, the anxiety is compounded by language and cultural gaps. The most crucial step is to immediately hire a professional, English-speaking criminal defense lawyer to secure a dismissal (不起訴), not guilty verdict (無罪), or probation (緩刑) during the initial investigation phase, thereby preventing risks to residency or deportation.

The Lawyer's Empathetic Approach: When an Expat Gets Lost in the Judicial Maze

Being investigated or arrested in a foreign country is an overwhelming experience. For foreigners living in or visiting Taiwan, the stress is multiplied by language barriers, cultural differences, and unfamiliar legal procedures.

 You might not know the laws here, struggle to understand police questions, or even know where to find a lawyer. At this moment, your visa, your job, and the entire life you have built in Taiwan feel like a sandcastle, ready to be washed away by a single conviction. We deeply understand the anxiety of you and your family.

The consequences of criminal cases here are more severe than you might imagine, especially when a "guilty verdict" directly threatens your residency status. Please set aside any hope for luck, because you are facing not only the court but also the Ministry of Immigration, which holds the power of deportation.

What are the Four Most Common Criminal Risks for Foreigners in Taiwan?

Based on our experience, criminal cases involving foreigners often carry extremely high risks:

1. Drug Offenses: Taiwan’s Narcotics Hazard Prevention Act carries extremely severe penalties. Even possession of Category 2 drugs may result in at least two years imprisonment.
2. DUI (Driving Under the Influence): DUI is a serious criminal offense in Taiwan. A conviction leads not only to fines and license suspension but also potentially to deportation (驅逐出境)
3. Fraud and White-Collar Crime: Commonly involves contract fraud, business disputes, or cryptocurrency allegations. Convictions often result in long prison sentences.
4. Immigration Violations: While visa overstay is common, intentional or repeated violations can lead to heavy fines, long entry bans, and even criminal liability.

⚖️ Comparison of Laws: Why Do Foreigners Need a "Not Guilty" Verdict More?

While the Criminal Code applies equally to both foreigners and citizens, the existence of the Immigration Act (入出國及移民法) imposes a "double punishment" on foreigners. The lawyer's defense strategy must address both simultaneously:

Legal Provision	Applies To	Key Risk and Analysis
ROC Criminal Code	Foreigners/Citizens	Determines the sentence (imprisonment, fine, substitution of fine). This is the battleground for securing a Dismissal (不起訴) or Probation (緩刑).
Immigration Act, Article 36	Foreigners	Sentencing to fixed-term imprisonment or higher grants the Immigration Agency the power to enforce deportation. This is the most critical risk for foreigners.
Code of Criminal Procedure	Foreigners/Citizens	Guarantees the right to defense and interpreter. Major procedural flaws can be the opportunity to fight for a Dismissal or Not Guilty Verdict.

In any case involving a potential sentence of imprisonment, the foreigner's goal must be to secure a "Dismissal (不起訴)" or a "Not Guilty Verdict (無罪)."

This is the only way to completely circumvent the deportation risk under the Immigration Act. While probation avoids immediate imprisonment, it is still a guilty verdict, giving the Immigration Agency the authority to revoke residency.

❓ What Rights Must I Immediately Assert if Arrested or Questioned in Taiwan?

When you are detained or summoned by the police, you must immediately take the following actions to protect yourself:

1. Invoke the Right to Remain Silent: You are not obligated to answer any police questions without a lawyer present. Do not sign documents you do not understand. This is a fundamental right under Taiwanese law.
2. Contact Your Embassy or Consulate: You can request that the police notify your country's representative office. Consular officers can provide support but cannot act as your lawyer or secure your release.
3. Hire an Experienced Criminal Defense Lawyer Immediately: This is the most critical step. A lawyer can attend the interrogation immediately, prevent damaging statements caused by language gaps or pressure, and strategize to secure a Dismissal for you.

Chiensheng Law Firm's Recommendation

Chiensheng Law Firm | The only firm in Taiwan with thousands of successful cases resulting in Dismissal, Not Guilty, or Probation. Let us help you escape legal entanglement!

In Taiwan's judicial system, foreigners need a lawyer who is proficient not only in criminal law but also in cross-cultural communication and residency risk control.

Chiensheng Law Firm (謙聖國際法律事務所) specializes in criminal defense. We offer:

Fluent English Communication: Our attorneys communicate directly with you in English, ensuring legal technicalities are not lost in translation.
Proven Foreigner Case Expertise: We know how to leverage advantages during the investigation phase to secure a Dismissal, Not Guilty Verdict, or Probation, preventing a criminal record.

Your freedom, your residency status, and your future depend on your decision now.

Do not face Taiwan's legal system alone.

Contact Chiensheng Law Firm for urgent, confidential, English-speaking criminal defense support:

📞 Taipei Office: 02-23888962
📞 Taoyuan Office: 03-3150034

Frequently Asked Questions (FAQ)

1. Q: If convicted, will a foreigner definitely be deported from Taiwan?

A: Not necessarily, but the risk is extremely high. According to the Immigration Act, if sentenced to fixed-term imprisonment or higher (even if probation is granted), the Immigration Agency has the authority to revoke your residency permit and enforce deportation.

2. Q: If my English is not good, can the lawyer provide multilingual service?

A: Chiensheng Law Firm's team communicates directly with you in fluent English, ensuring legal details are not compromised by translation errors. If you require an interpreter for other languages, the lawyer will ensure the interpreter's professionalism.

3. Q: How does a lawyer achieve a "Dismissal" in a foreigner's case?

A: The lawyer examines the legality of the arrest and evidence collection procedures, verifies the absence of procedural flaws, assesses if self-surrender applies, and actively negotiates with the prosecutor to secure the most favorable Dismissal (不起訴) or Deferred Prosecution (緩起訴).

4. Q: I am detained. Can the lawyer help me apply for bail (具保)?

A: Yes. During the detention hearing at the prosecutor's office or court, the lawyer will immediately file a motion for bail, payment of surety, or restricted residence to secure your prompt release.

5. Q: Does overstaying a visa constitute a criminal offense?

A: Visa overstay usually results in an administrative fine and an entry ban. However, if the case involves acts like forgery of documents or aiding others in illegal entry, it may trigger criminal liabilities under the Immigration Act.