Taiwan Criminal Procedure: From Investigation to Supreme Court Appeal
Facing a criminal investigation or criminal charge in a foreign country can be overwhelming. This guide explains how a criminal case generally proceeds in Taiwan—from police and prosecutor investigations to prosecution, trial, appeal, and review before the Supreme Court.
Understanding the Criminal Justice Process in Taiwan
If you are involved in a criminal case in Taiwan, understanding where you are in the process is essential. The strategy used during a police investigation can be very different from the strategy required after a prosecutor has issued an indictment or after a court has entered a judgment.
Taiwan generally follows a three-level court system for ordinary criminal cases. A case may begin with a police investigation, proceed to investigation by a public prosecutor, and—if the prosecutor decides to prosecute—move into the criminal courts.
At the court stage, the first-instance proceeding is generally heard by a District Court. A party who is legally entitled to appeal may seek review in the second instance, generally before a High Court or its branch court. Certain cases may then proceed to a third-instance review before the Supreme Court.
Importantly, not every criminal case can be appealed all the way to the Supreme Court. Taiwan law limits third-instance appeals in certain categories of cases, and the Supreme Court primarily reviews legal issues rather than retrying the facts of the case.
How Does a Criminal Case Proceed in Taiwan?
Although every case is different, an ordinary criminal case commonly moves through the following stages.
Evidence is collected and the suspect, complainant, witnesses, and other relevant persons may be questioned.
The prosecutor determines whether the evidence supports prosecution or whether another disposition is appropriate.
After indictment, the District Court examines the evidence, hears the parties, and renders judgment.
Subject to the applicable procedural requirements, the case may be reviewed by the second-instance court.
Where a third-instance appeal is legally permitted, review generally focuses on whether the judgment violates the law.
Criminal Investigation in Taiwan
Police Investigation and Prosecutorial Investigation
Most criminal cases begin in the investigative stage. This may occur after a victim files a criminal complaint, the police discover suspected criminal activity, or law enforcement authorities otherwise receive information suggesting that an offense may have occurred.
Police Investigation
During the initial investigation, the police may collect documents, electronic records, surveillance footage, witness statements, physical evidence, or other information relevant to the suspected offense.
A suspect may also be contacted by the police and requested or required to appear for questioning. Foreign nationals should take such contact seriously even if they have not yet received anything from a court or prosecutor.
A police interview may become part of the evidentiary record. Before giving a detailed statement, it is often important to understand the suspected offense, the available evidence, and your procedural position.
Investigation by the Prosecutor
Taiwan's public prosecutors play a central role in criminal investigations. After a matter is referred to a prosecutor's office, a prosecutor may summon the suspect or defendant, complainant, witnesses, and other relevant persons for questioning.
The prosecutor may also direct further investigation and determine what additional evidence should be obtained before deciding how the case should proceed.
For a defendant, this stage can be especially important because the prosecutor is deciding whether sufficient grounds exist to bring the case before a criminal court.
Can I Have a Lawyer During the Investigation?
Depending on the circumstances and applicable procedural rules, a defense attorney may assist during the investigation, communicate with the authorities, review the legal issues, prepare written submissions, develop a defense strategy, and accompany the defendant during proceedings where representation is permitted.
Prosecution and Indictment
What happens after the prosecutor finishes the investigation?
After investigating the case, the prosecutor must decide how to dispose of it. Where the prosecutor concludes that the evidence and applicable law justify criminal prosecution, an indictment may be filed with the court.
Once the case is indicted, the proceeding moves from the investigative stage into the trial stage. The court—not the prosecutor—will ultimately determine whether the prosecution has established the defendant's criminal liability.
Prosecution means that the prosecutor has decided to bring the accusation before the court. The defendant still has the right to present defenses, challenge the prosecution's case, request appropriate evidentiary investigation, and seek a judgment from the court.
If the prosecutor concludes that prosecution is not warranted, the matter may instead result in a non-prosecution disposition or another legally available disposition, depending on the circumstances of the case.
First-Instance Criminal Trial
The case enters the District Court
After indictment, an ordinary criminal case will generally proceed before a District Court as the court of first instance. At this stage, the focus changes from the prosecutor's decision whether to prosecute to the court's determination of the criminal charges.
What Happens During the First-Instance Trial?
The precise procedure depends on the nature and complexity of the case, but the court may address matters such as:
- The charges and the defendant's position regarding those charges
- The disputed factual and legal issues
- Documentary, electronic, physical, or other evidence
- Witness testimony and other evidentiary investigation
- Legal arguments presented by the prosecution and defense
- Sentencing issues if the court finds the defendant guilty
Some cases can require multiple hearings. A court does not necessarily make its final determination at the first hearing. The number and purpose of hearings depend on the issues that need to be examined.
Possible Outcomes
After completing the proceedings, the court will render its judgment. Depending on the case, this may include a finding of guilt, acquittal, or another judgment permitted by law.
Evidence strategy matters. It is generally unwise to assume that factual weaknesses can simply be corrected later at the Supreme Court, because third-instance review primarily concerns legal issues.
Second-Instance Criminal Appeal
Challenging a first-instance criminal judgment
If a party legally entitled to appeal disagrees with the first-instance judgment, an appeal may be filed in accordance with the Code of Criminal Procedure.
For ordinary criminal cases initially heard by a District Court, the second instance will generally be handled by the Taiwan High Court or the relevant branch court.
Is the Second Instance Only a Review of Legal Errors?
No. Unlike the Supreme Court, the first and second instances are generally fact-and-law review stages within Taiwan's ordinary court system. The second-instance court may therefore address factual findings as well as legal issues within the permitted scope of the appeal.
However, the appeal must still comply with applicable procedural requirements. A party should not assume that simply disagreeing with the first judgment is sufficient. The grounds of appeal should identify the issues being challenged and explain why the judgment should be changed.
Taiwan criminal appeals are subject to statutory filing deadlines and formal requirements. If you have received a criminal judgment and are considering an appeal, legal advice should be obtained promptly rather than waiting until the deadline approaches.
Third-Instance Appeal to the Supreme Court
Legal review at Taiwan's highest ordinary court
The Supreme Court is the third-instance court in Taiwan's ordinary court system. However, a third-instance criminal appeal is fundamentally different from the first and second instances.
The Supreme Court Primarily Reviews Questions of Law
An appeal to the third instance must generally be based on the contention that the second-instance judgment violates the law. The Supreme Court is therefore not simply another opportunity to retry the entire factual case.
A third-instance appeal usually requires careful identification of legal errors in the second-instance judgment, such as issues concerning the application or interpretation of law or legally significant procedural errors.
Can Every Criminal Case Be Appealed to the Supreme Court?
No. Taiwan's Code of Criminal Procedure restricts third-instance appeals for certain categories of criminal cases. There are exceptions in specific circumstances, including certain cases where a first-instance judgment favorable to the defendant is reversed into a guilty judgment on second-instance review.
Whether your case may proceed to the Supreme Court depends on the nature of the offense, the procedural history, the judgment being challenged, and the legal grounds available for appeal.
What Can the Supreme Court Do?
If the Supreme Court concludes that the challenged judgment contains a legally significant error, the result depends on the nature of the case and the error identified. In appropriate circumstances, the judgment may be reversed and the matter may be remanded for further proceedings.
If the case is remanded, further proceedings will take place before the appropriate lower court in accordance with the Supreme Court's decision.
When Should You Contact a Criminal Lawyer in Taiwan?
There is no need to wait until a criminal case reaches court before speaking with an attorney. In many cases, the investigative stage is one of the most important periods for developing a defense strategy.
You should consider obtaining legal advice promptly if:
- You have been contacted or summoned by the police
- You have received a summons from a prosecutor's office
- You have been identified as a suspect or defendant
- You are concerned that a criminal complaint has been filed against you
- You have received an indictment or court summons
- You have received a criminal judgment and are considering an appeal
- You are outside Taiwan but are involved in a criminal proceeding in Taiwan
- You need English-language legal assistance in Taiwan
Linda Yeh Attorney at Law
For foreign nationals, criminal proceedings in Taiwan can involve an additional layer of difficulty: unfamiliar procedures, Chinese-language documents, court terminology, and the practical challenge of communicating with police, prosecutors, and courts.
Linda Yeh Attorney at Law provides English-language legal consultation and representation for clients dealing with criminal matters in Taiwan. We can review the procedural status of your case, assess the available evidence and legal issues, and discuss an appropriate strategy for the stage you are currently facing.
Frequently Asked Questions About Taiwan Criminal Procedure
How does a criminal case start in Taiwan?
A criminal case may begin after a complaint is filed, after police discover suspected criminal activity, or after law enforcement authorities otherwise receive information indicating that an offense may have occurred. Police and prosecutors may then conduct an investigation.
What is the role of a prosecutor in Taiwan?
Public prosecutors conduct and direct criminal investigations and determine whether a case should be prosecuted. They may question defendants, complainants, and witnesses and may direct the collection of additional evidence.
Does being indicted mean I have already been found guilty?
No. An indictment means that the prosecutor has decided to bring the criminal charge before the court. The court will independently adjudicate the case and determine whether criminal liability has been established.
What court hears a criminal case at first instance in Taiwan?
Ordinary criminal cases generally begin at the District Court level after prosecution, although specialized rules may apply to particular types of cases.
Can I appeal a criminal conviction in Taiwan?
A party legally entitled to appeal may challenge a criminal judgment in accordance with Taiwan's Code of Criminal Procedure. The availability and scope of further appeals depend on the type of case and applicable procedural rules.
Can a second-instance court review the facts?
Generally, yes. Taiwan's first and second instances are fact-and-law review stages, while the third instance primarily reviews questions of law.
Can every criminal case be appealed to Taiwan's Supreme Court?
No. Certain categories of cases are subject to statutory restrictions on third-instance appeals. Whether a case can proceed to the Supreme Court must be assessed under the applicable provisions of the Code of Criminal Procedure.
Does the Supreme Court hear the entire case again?
Generally, no. The third instance primarily examines legal issues and whether the second-instance judgment violates applicable law. It is not ordinarily a new factual trial.
I am a foreigner outside Taiwan. Can a Taiwan lawyer help with my criminal case?
Depending on the nature and stage of the case, a Taiwan attorney may be able to review the matter, communicate regarding procedural issues, prepare legal submissions, represent or defend the client where permitted, and advise the client regarding the steps required in Taiwan.
Facing a Criminal Case in Taiwan?
The appropriate strategy depends heavily on the stage of your case. If you have been contacted by the police, summoned by a prosecutor, indicted, or have received a criminal judgment, we can review your situation and explain your legal options in English.