Arrested in Taiwan? What Foreigners Should Do First
For a foreign national arrested in Taiwan, the first hours of a criminal investigation can involve important decisions about police questioning, prosecutor interrogation, detention, and defense strategy. Understanding what is happening before making those decisions can matter.
Being arrested in a foreign country is frightening. You may not understand why you are being investigated, what the police are asking, whether you will be allowed to leave, or what will happen when the case is transferred to the prosecutor.
In our practice, we have assisted criminal defendants from the earliest stages of an investigation—from accompanying clients during police questioning after an arrest to representing them during questioning before the prosecutor.
For foreign nationals in particular, we believe that this early stage deserves careful attention. The investigation is not simply something that happens before the “real case” begins. In many cases, the defense has already begun.
Good criminal defense does not begin with “confess” or “deny.” It begins with understanding the case.
What Happens After You Are Arrested in Taiwan?
The exact procedure will depend on the circumstances of the case, but a person who has been arrested may first be questioned by the police. The case may then be transferred to the prosecutor for further questioning and investigation.
At this stage, the authorities may be considering more than whether a criminal offense has occurred. Depending on the case, questions may also arise concerning whether the defendant should remain at liberty while the investigation continues.
This is one reason why decisions made during the first police and prosecutor questioning sessions should not automatically be treated as routine.
Why Can Having a Lawyer Early Be So Important?
When a lawyer becomes involved at the beginning of a criminal investigation, the role is not limited to sitting beside the defendant during questioning. The lawyer can begin assessing what offense is being investigated, what evidence appears to exist, what procedural risks the defendant may face, and how statements made during questioning could affect the case later.
This becomes particularly important when the defendant is a foreign national who is unfamiliar with Taiwan's criminal justice system.
When the Defendant's Entire Family Is Overseas
We have encountered situations where a defendant's family members were all outside Taiwan and the defendant had come to Taiwan only for travel or a short visit.
When the family learned that their family member had been arrested, they sometimes knew almost nothing about what had happened—not even what offense the person was suspected of committing.
In circumstances like these, legal representation can become especially important. Counsel can meet with the defendant where legally permitted, understand what has happened, assess the procedural situation, begin developing a defense strategy, and communicate appropriate information to family members overseas.
What If the Prosecutor Seeks Pretrial Detention?
One of the most serious concerns following an arrest is the possibility of pretrial detention.
Depending on the circumstances and applicable legal requirements, a prosecutor may ask the court to order that a defendant be detained while the criminal proceedings continue. The ultimate decision on detention is made by the court.
If detention is ordered, the defendant's liberty will be significantly restricted. In some cases, additional restrictions on communication or visitation may also be imposed.
For a foreign defendant whose family and support network are outside Taiwan, this can create an especially difficult situation. Access to defense counsel can therefore become critically important.
Should You Confess During Questioning?
There is no universal answer.
This is one of the most important points we want foreign defendants and their families to understand.
A defendant should not assume that the correct strategy is always to confess. But it is equally dangerous to assume that the correct strategy is always to deny everything.
The appropriate decision may depend on the alleged offense, the evidence already obtained by the authorities, the defendant's procedural position, potential detention issues, and the legal consequences that may follow from an admission or denial.
When a Defendant Was Pressured to Confess
In one case we handled, the defendant faced significant pressure during questioning at the prosecutor's office.
During the interrogation, the prosecutor indicated, in substance, that if the defendant refused to confess, the prosecutor would immediately ask the court to order pretrial detention.
For anyone, this can be an extremely stressful moment. For a foreign national who may not fully understand Taiwan's criminal procedure, the pressure can be even greater.
After assessing the allegations, the available information, and the procedural circumstances, our strategy in that particular case was not to confess merely because of the pressure being applied during questioning.
Our client followed that strategy. Ultimately, the client was not detained and was released subject to bail.
A decision to confess should be a legal and strategic decision—not simply a reaction to fear or pressure during an interrogation.
But Sometimes Confessing May Be the Better Strategy
The opposite can also be true.
When Our Client Initially Did Not Want to Admit the Allegations
In another case we handled, our client was initially reluctant to admit the allegations.
From the beginning of the interrogation, however, we carefully assessed the situation. We considered the seriousness of the alleged offense, the evidence available to the investigating authorities, our client's concern about being detained, and the potential consequences of the different strategies available.
After weighing those factors, we concluded that maintaining a denial was not the better strategy in that particular case. We advised our client that making an admission at that stage was the more appropriate course.
While other alleged accomplices in the same case were detained, the prosecutor ultimately decided not to seek pretrial detention for our client.
Important: This does not mean that confessing will prevent detention. Whether detention is sought or ordered depends on the circumstances of each case, and no particular statement can guarantee release.
So Should You Confess or Remain Silent?
These two experiences illustrate why there is no responsible one-size-fits-all answer.
In one case, resisting pressure to confess may be the appropriate defense strategy. In another, after carefully assessing the evidence and procedural risks, making an admission may better serve the defendant's interests.
For certain offenses, the timing and circumstances of an admission may also have legal consequences that become relevant to sentencing or other issues later in the proceedings.
This is precisely why a defendant should understand the alleged offense, the available evidence, and the potential legal consequences before making a strategic decision.
Why This Is Even More Important for Foreigners in Taiwan
A foreign defendant may be facing several difficulties at the same time: an unfamiliar criminal justice system, a language barrier, family members living overseas, uncertainty about detention, and pressure to make important decisions within a very short period of time.
Even understanding the difference between police questioning, prosecutor questioning, detention proceedings, bail, and the subsequent criminal trial may be difficult if you have never encountered Taiwan's legal system before.
This is why we generally believe that obtaining legal advice early can be particularly valuable for foreign nationals involved in criminal proceedings in Taiwan.
When Should You Contact a Criminal Lawyer in Taiwan?
If possible, legal advice should be obtained before important statements are made during the investigation.
You do not need to wait until the prosecutor files charges or until the case reaches trial. A criminal defense lawyer may assist during the investigation stage, including police questioning, prosecutor questioning, detention-related proceedings, and the development of an early defense strategy.
For a broader explanation of our criminal defense services, you can read our Criminal Lawyer in Taiwan page.
You can also read our detailed guide to Taiwan criminal procedure to understand how a case may progress from investigation through trial and appeal.
Need Legal Assistance in Taiwan?
If you or a family member has been arrested, summoned for questioning, or is facing a criminal investigation in Taiwan, you may contact our office to arrange a legal consultation.
We provide English-speaking legal services for foreign nationals, international clients, and families dealing with criminal proceedings in Taiwan.
Book a Legal Consultation →Arrest and Criminal Investigation in Taiwan
What happens if a foreigner is arrested in Taiwan?
The procedure depends on the circumstances of the case. The person may be questioned by the police and may subsequently be transferred to the prosecutor for further investigation. Depending on the case, detention may also become an issue.
Should I contact a lawyer immediately after being arrested?
Early legal advice can be important because statements and procedural decisions made during the investigation stage may affect later stages of the criminal case. A lawyer can help assess the allegations, evidence, procedural risks, and available options.
Should I confess if the prosecutor says I may be detained?
There is no universal answer. Whether an admission is appropriate depends on the alleged offense, evidence, procedural circumstances, and potential legal consequences. A decision to confess should not be made solely because of fear or pressure.
Can my family overseas contact a lawyer for me?
Yes. Family members overseas may contact a Taiwan lawyer and provide available information about the situation. Whether and how formal representation can be arranged will depend on the defendant's procedural status and the circumstances of the case.
What if I do not speak Chinese?
Language can make an already stressful criminal investigation more difficult. It is important that you understand your procedural situation and the significance of statements or decisions being made. English-speaking legal counsel can help explain the proceedings and provide legal advice regarding the case.