Help for American Victims of Crime in Taiwan

Please click on this link to read the Department of State's brochure for victims of crime.

Being the victim of a crime in a foreign land can be a devastating and traumatic experience.  While no one can undo the emotional trauma, physical injury, or financial loss you may have experienced, the American Institute in Taiwan (AIT) is ready to help.  We care about violent crimes committed against U.S. citizens in Taiwan.  We will assist you in managing the practical consequences of being a crime victim and provide you with information about accessing the local criminal justice system, as well as other resources for crime victims abroad and in the United States.  This office can assist you to find appropriate medical care, contact family or friends on your behalf and explain how funds can be transferred.  We can also help you to better understand the criminal justice system in Taiwan, which differs from the system in the United States.

The information included in this guide relating to the legal requirements in Taiwan is provided for general information purposes only.  The information may not be accurate or relevant to a particular case.  Questions involving interpretation of Taiwan laws should be addressed to legal counsel licensed to practice law in Taiwan.  The investigation and prosecution of the crime is solely the responsibility of local authorities.  The Federal Bureau of Investigation (FBI) may assist local authorities in certain cases of kidnapping, hostage-taking and terrorism.

REPORTING CRIMES:  In case of emergency, dial “119” (the equivalent of the American “911”) for immediate assistance.  Victims of domestic violence or sexual assault should call “113” or 0800-024-995.  English speakers will be available to assist.

Crime victims need to file police reports or register complaints in the police district where the crimes occurred.  Foreigners should contact the National Police Administration Foreign Affairs Department at 2321-3175 for assistance.  Police reports should normally be filed within six months of the incident, but on a case by case basis the local authorities may accept some reports after this filing date.  Crime victims or their next of kin can file the report.  Police normally will not provide an interpreter, but may contact the Foreign Affairs Police for assistance if necessary.

If the victim has left Taiwan, he/she can assign an attorney to report the crime.  The Taipei Economic and Cultural Representative Office (TECRO) is unable to accept the report of crime; nor can AIT file a complaint on the victim’s behalf.  AIT, however, may forward the report to Taiwan authorities if requested.

If you have difficulty filing your police report with a local official, please contact AIT immediately.  You may need a police report to file for crime victim compensation or insurance reimbursement.  If you do decide to file a report, please send a copy to AIT, along with your address and phone number in the event we need to communicate with you.  While we are not authorized to act as your legal representative, prosecutor or investigator, our office can help you track the progress of your case and apprise you of any developments.

INVESTIGATIONS: Many crime investigations never result in the arrest of a suspect. The prosecutor in Taiwan will be responsible for investigating crimes.  Victims are encouraged to collect forensic evidence for the criminal investigation.  Victims can authorize an attorney to get information about the progress of the investigation and should report threats, harassment or intimidation by the accused or his/her family or friends to local police.  The case will remain open for four months if there is no arrest.

 ARRESTS:  If you are arrested, contact AIT immediately, or request that the police do so.  In Taipei, the AIT telephone number is (02)2162-2000; the number for the AIT Kaohsiung office is (07)238-7744.  An AIT Duty Officer is on call 24 hours a day, and can be reached at any time in an emergency.  Click here for information on arrest and imprisonment in Taiwan . Victims will be notified of the arrest and will be asked to identify the perpetrator with all necessary protective measures set in place to assure the victim’s safety and privacy.

When an individual is arrested, he or she will normally be taken to the nearest local police station, where the police will begin questioning the suspect and any witnesses to determine if a crime has been committed.  If it appears that a crime has been committed, the person under arrest will usually then be taken to the main police station in that area, where the questioning will continue.  The police make notes of the interrogation, but these notes are usually only in Chinese.  The police may ask a suspect to sign certain documents, some of which may constitute a written confession, which may then be used against the defendant at trial.  In most circumstances, the police cannot detain a person for more than 24 hours without pressing formal charges or obtaining a warrant of detention from a judge.

PRETRIAL PERIOD:  If formal charges are filed, the case is then forwarded to the public prosecutor for investigation.  In Taiwan, the prosecutor has responsibilities similar to that of a prosecutor or district attorney in the U.S., but with broader powers.  The prosecutor determines whether a reasonable legal case against the suspect can be made.  There is no grand jury; instead, the prosecutor conducts investigative hearings. District Courts have jurisdiction in criminal cases.  Defense attorneys are allowed to attend these hearings.  During the investigative stage, a defense attorney may suggest that the prosecutor speak with witnesses favorable to the defendant or consider specific exculpatory evidence, but may not cross-examine witnesses or petition for disclosure.  Taiwan law was revised in 2003 to provide for the equivalent of plea bargaining.   An attorney can represent the victim and his/her interest.

If, after further investigation, the prosecutor determines that there is sufficient evidence to proceed with the case, it is the prosecutor’s responsibility to prepare the evidence for trial.  It is also up to the prosecutor to determine whether further detention is necessary, subject to the restrictions explained below, 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.

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 does not necessarily apply to foreigners who are not in Taiwan in legal status.

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 day of trial, 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 “straight through” 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 to be 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 that involve a possible maximum sentence of three years or more.  An interpreter will be assigned to the case if required.  An AIT representative is allowed to be present as an observer if requested, but cannot act as an interpreter or provide legal counsel.

SENTENCING:There is no jury system in Taiwan.  If the defendant is found guilty, the judge also determines what sentence should be imposed.  The sentence will be served within two weeks once the written copy of the court judgment is received.  If the defendant is found not guilty, he or she is released.  In either case, a written copy of the court judgment will sent to the defendant or his/her attorney.  Judges are encouraged to ask for the victim’s input at sentencing.

APPEALS:  Once the court has issued its written judgment, an attorney may file an appeal on the client’s behalf.  Alternately, the defendant may request the assistance of a detention center official in preparing an appeal.  In either case, the appeal must be lodged within ten days.  It should be noted that the prosecution also has the right to appeal and does so far more frequently than in the U.S.  Since the judge adjudicates the case only according to the records from the first trial, victims are not expected to testify during appeals.

ATTORNEYS: You may want to consider hiring a local attorney to secure appropriate legal guidance. Local legal procedures differ from those in the United States.  Although the prosecutor is responsible for pressing charges and seeking convictions in criminal matters, an attorney you hire can promote your interests with the police and the court.  While our office cannot recommend specific attorneys, we can provide you with a list of attorneys who have expressed interest in representing U.S. citizens.   Click here to download the list. 

VICTIM COMPENSATION in Taiwan: The Association for the Protection of Victims of Criminal Acts provides assistance to the victims of criminal acts and their survivors. The services they provide include: 1. settlement and accommodation arrangements; 2. medical services; 3. legal assistance; 4. application for compensation; 5. social relief services; 6. investigation assistance; 7. security protection; 8. psychological assistance; 9. life rehabilitation; 10. trusteeship management; 11. emergency financing; 12. providing letters of guarantee; 13. visitations.  For more information please check the Association for Protection of Victims of Criminal Acts website; phone number is  0800-995-850. 

The Taiwan Department of Rehabilitation and Social Protection at the Taiwan Ministry of Justice administers a crime victim compensation program to provide financial compensation to victims of violent or personal crime.  U.S. citizens who are victims of crime and dependents of deceased victims are eligible to apply for compensation.  Claims must be filed within two years of the date of the crime.  Maximum awards in Taiwan Dollars are as follows: Medical: NT$400,000.00; Funeral: NT$300,000.00; Death: NT$1,000,000.00 and Disability: NT$1,000,000.00.

Application forms are available at the Investigation Bureau, District Court, and American Institute in Taiwan. The claimant should file an application with the Committee of Crime Victim Compensation Association, the Investigation Bureau, or the district court in the jurisdiction where the crime occurred. Applications are processed within 3 months. Appeals of a decision by the district court to deny compensation may be filed with the High Court.

Contact Information:
Department of Rehabilitation and Social Protection,
Ministry of Justice
Chongqing South Road Section 1 Number 130
Taipei 100, Taiwan
Telephone: (02) 2370-0436
Fax: (02) 2389-6364
E-mail: hotline@mail.moj.gov.tw
Internet: www.moj.gov.tw

Crime victims in Taiwan may also be eligible to apply for compensation from their state of residence in the U.S.  

REGISTRATION AND LOCATION OF THE AMERICAN INSTITUTE IN TAIWAN (AIT):  Americans living or traveling in Taiwan are encouraged to register with AIT through the State Department's travel registration website so that they can obtain updated information on travel and security within Taiwan.  Americans without Internet access may register directly with AIT either in Taipei or Kaohsiung.  By registering, American citizens make it easier for AIT  to contact them in case of emergency.  AIT Taipei is located on the 2nd Floor, 7, Lane 134, Xin Yi Road, Sec. 3, Taipei 106; Email: amcit-ait-t@state.gov Phone: (02)2162-2000 ext. 2306; Fax: (02)2162-2239; website: www.ait.org.tw.  AIT Kaohsiung is located on the 5th Floor, #2 Chung Cheng 3 Road, Kaohsiung 802, Phone: (07)238-7744; Fax: (07)238-5237; website: http://www.ait.org.tw/kaohsiung/.

SPECIAL INFORMATION FOR CASES OF SEXUAL ASSAULT AND RAPE:  Physical evidence is very important in sexual assault cases, and can deteriorate as time passes. As such, victims should not change clothes, avoid bathing if possible, and have a physical exam at the first opportunity.  You should take these steps even if you are unsure about whether to report the crime to police.  If you decide to pursue a prosecution at a later time, these steps preserve evidence that will assist the prosecutor.  A consular officer or after-hours duty officer from the American Institute in Taiwan may be able to accompany victims of sexual assault to the medical exam.

Rape is one form of sexual assault. Any lewd conduct or sexual intercourse with a person without their consent, or lewd or sexual conduct towards a person under the age of 16 years old is considered sexual assault.  In Taiwan, the definition of sexual intercourse includes the joining of the sexual organs, oral sex, anal sex and inserting objects into the genitals or anus.  Taiwan’s violence and sexual assault hotline numbers are 113 or 0800-024-995. Male victims of sexual assault may also call 0800-013-999 for assistance.  English speakers will be available to assist at all hotline numbers.

Victims of sexual assault should seek medical attention and report to the police as soon as possible for help.  Victims should also have a medical examination in order to preserve evidence. Although a medical exam is not required, it may be more difficult to prove a case at trial if a victim has not undergone an examination.  The forensic sexual assault exam normally is the same as in the U.S.  The examination fee will be charged to the Taiwan authorities. If you report to the police first, the police department will assign a police officer of the same gender to accompany the victim to the hospital for examination and evidence collection, with the victim’s consent.  The victim is also allowed to bring a friend or family member to provide moral support.

When investigating cases, police interview victims in private order to protect privacy and to help alleviate fear.  While the case is under investigation and during the trial, statutory representatives, spouses, parents, family members, relatives or social workers from the Sexual Assault Prevention Center may accompany victims.  All necessary protective measures will be taken to assure a victim’s safety and privacy when confronting or identifying the offender. During the investigation, a victim’s personal information will not be disclosed unless the victim agrees or it is vital to the investigation.  Documents produced during the investigation will not bear the victim’s name, age, address or other personal information.

You should get medical attention to determine if you have been injured in any way and to discuss treatment and prevention options for pregnancy and sexually transmitted diseases.  Emergency contraception (the morning-after pill) and HIV prophylaxis are available if needed. The American Institute in Taiwan can provide you with a list of local doctors. For more information click here.  Rape crisis hotline:  113 or 0800-024-995. English speakers are available to assist.

SPECIAL INFORMATION FOR CASES OF DOMESTIC VIOLENCE: Domestic violence is considered a crime in Taiwan. If you suffer from this kind of violence, be sure to ask for help immediately. Please dial “110” or the nationwide toll free hotline “113” for emergency help. Report to police and keep written records of all incidents. Preserve evidence such as medical records documenting injuries, photos of injuries, police records, damaged clothing and weapons used against you. If you have a court issued restraining order, present this to the police for use in the arrest of the offender.

There are domestic violence shelters in Taiwan. Most shelters have 10 to 20 beds and can take clients on a walk-in basis if it is an emergency. Children may also stay at the shelters. The domestic violence hotline is “113” or 0800-024-995. English speakers will be available to assist. Contact information for domestic violence emergency programs can be found at http://dspc.moi.gov.tw.

SPECIAL INFORMATION FOR CASES OF CHILD ABUSE:
The Children’s Bureau of the Ministry of Interior and Social Workers in local governments are responsible for the protection of children. Social workers or police will refer the case to prosecutors for possible child abuse investigations. Everyone, including police, social workers, educators, doctors, nurses, judicial employees and other child welfare staff is required to report suspected child abuse. Social workers will arrange for a U.S. citizen child to stay in a shelter when he/she is removed from the home. Social workers in local governments have expertise in helping child victims. They will arrange medical examinations for all children (regardless of nationality) who may have been physically or sexually abused.

When it is necessary to have the abused child confront or identify the offender, prosecutors will take all necessary protective measures to assure the child’s safety and privacy. Call “113” for child abuse and there will be an English speaker available to assist. More information can be found at: http://www.cbi.gov.tw.

SPECIAL INFORMATION FOR CASES OF KIDNAPPING:  AIT should be notified immediately in the event of a kidnapping.  However, Taiwan police and prosecutors will lead the investigation if a U.S. citizen is kidnapped. 

SPECIAL INFORMATION FOR CASES OF HOMICIDE:  An autopsy is required in homicide cases.  Surviving family members are sometimes allowed to consult with the prosecutor about sentencing and testify as witnesses.   The prosecutor may sometimes delay the disposition of the estate of the deceased until the conclusion of the investigation and prosecution.