This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.
Legal aid (法律扶助) rules also apply to non-nationals in one of the situations in Art. 14(1) of the Legal Aid Act (法律扶助法), such as lawful residence in Taiwan, loss of the right of residence for reasons not attributable to them, or being a victim or suspected victim of human trafficking. Foreign workers brought in under Art. 46(1)(8) to (10) of the Employment Service Act (就業服務法), and economically disadvantaged spouses of Taiwan nationals not yet naturalized or registered, are presumed to lack means after signing a declaration, with no means review (Art. 13(3)). For offenses with a minimum sentence of three years or more, among others, there is also no means review if you have no lawyer at your first questioning in the investigation, or at trial (Arts. 5(4)(1) and 13(2)(2)). General eligibility and fees are covered in a separate guide.
Can foreigners get legal aid?
Yes, but you must first meet one of the situations in Art. 14(1) of the Legal Aid Act. The most basic is being "a person lawfully residing in the Republic of China" (item 1), and the Legal Aid Foundation (法律扶助基金會, LAF) website also says foreigners must in principle reside lawfully in Taiwan.
For those who do not, the article also lists losing the right of residence for reasons not attributable to them (item 2), being a victim or suspected victim of human trafficking (item 3), and other cases decided by the Foundation (item 7); the Foundation sets the review rules (Art. 14(2)). Meeting Art. 14 is only the first step: the Foundation's website says it generally also reviews your financial means (資力) and the merits of the case (案情).
非中華民國國民符合下列情形之一者，本法之扶助規定亦適用之：一、合法居住於中華民國境內之人民。二、因不可歸責於己之事由而喪失居留權。三、人口販運案件之被害人或疑似被害人。四、非居住於中華民國境內之人民，曾因同一事實受基金會扶助。五、非居住於中華民國境內之人民，對於他人曾因同一事實受基金會扶助後死亡，依中華民國法律得行使權利。六、非居住於中華民國境內之人民，對於他人因職業災害死亡，依中華民國法律得行使權利。七、其他經基金會決議。（法律扶助法第14條第1項）
Unofficial English summary (not an official translation): legal aid rules also apply to non-nationals who reside lawfully in Taiwan, have lost residence for reasons not attributable to them, are victims or suspected victims of human trafficking, fall under one of the listed situations for people not residing in Taiwan, or are covered by a Foundation resolution.
What if I'm only visiting, or no longer live in Taiwan?
It depends on whether you fit an item in Art. 14(1). The law does not define whether a short-stay visitor (停留), such as a tourist or business traveler, is "lawfully residing" under item 1; the Foundation decides this when it reviews the application.
Items 4 to 6 cover people not residing in Taiwan who received the Foundation's aid before for the same facts, or who may exercise rights under Taiwan law after the death of a person aided for the same facts, or after a death from an occupational accident. Aid is not granted for litigation outside Taiwan (Art. 15(1)(6)).
Do migrant workers have to pass a means test?
Foreign workers brought in under Art. 46(1)(8) to (10) of the Employment Service Act are presumed to lack means after signing a declaration (切結), with no means review (Legal Aid Act, Art. 13(3)(1)). These items cover marine fishing; domestic helper, institutional caregiver and home caregiver work; and work designated by the central authority for major national construction or economic and social development. If your work permit is for another kind of job, this route does not cover you and the other rules on this page apply.
The Foundation sets the rules for the declaration (Art. 13(4)) and, its website says, still reviews the merits of the case. The Ministry of Labor's 1955 hotline (Workforce Development Agency) offers 24-hour, multilingual, toll-free service, including legal consultation.
有下列情形之一者，經切結後推定為無資力，無須審查其資力：一、依就業服務法第四十六條第一項第八款至第十款引進之外國人。二、經濟弱勢且尚未歸化或歸化後尚未設有戶籍之國人配偶。（法律扶助法第13條第3項）
Unofficial English summary (not an official translation): foreign workers brought in under Employment Service Act Art. 46(1)(8) to (10), and economically disadvantaged spouses of Taiwan nationals who are not yet naturalized or registered, are presumed to lack financial means after signing a declaration, without a means review.
Do foreign spouses have to pass a means test?
An economically disadvantaged spouse of a Taiwan national (國人配偶) who has not yet naturalized, or has naturalized but is not yet registered, is likewise presumed to lack means after signing a declaration (Art. 13(3)(2)). This route covers spouses of Taiwan nationals.
A foreign spouse who has not naturalized is still a non-national, so they must also meet one of the situations in Art. 14(1).
Is the means test waived for serious charges?
Yes. If the offense carries a minimum of three years' imprisonment, or the High Court hears the case at first instance, and you have no defense lawyer at your first questioning by police or prosecutors, or at trial, no means review is needed when you apply (Arts. 5(4)(1) and 13(2)(2)). A non-national must still meet Art. 14(1).
If you fall under Art. 13(2)(2) but have not applied, the presiding judge or prosecutor may ask the Foundation to assign a legal aid lawyer to defend or assist you (Art. 13(6)). Before questioning, an accused person must also be told they may appoint defense counsel and, if eligible, request legal aid (Code of Criminal Procedure (刑事訴訟法), Art. 95(1)(3)).
Will the court appoint a lawyer because I'm a foreigner?
Art. 31(1) of the Code of Criminal Procedure lists when the court must appoint defense counsel at trial; none of the grounds is foreign nationality. Your home country's rules on appointed lawyers do not apply here.
The grounds include cases with a minimum of three years' imprisonment and cases heard by the High Court at first instance; in other trials, the presiding judge appoints counsel when considered necessary (item 6). A language barrier is handled by an interpreter (通譯) (Art. 99(1)).
Can I just get legal advice first?
Yes. Oral legal consultation needs no means review (Legal Aid Act, Art. 13(2)(4)), and legal consultation is one form of legal aid (Art. 4(4)).
The Foundation's website says its legal consultation service is "open to anyone in Taiwan regardless of status". Its national hotline is 412-8518 (dial directly from a landline; from a mobile phone, dial 02 first). If you need language help, ask when you contact them.
Want to hire your own lawyer? Where to find information
Some foreign offices in Taiwan publish lawyer lists on their official websites; vet the lawyers yourself. For example, the American Institute in Taiwan (AIT) lists English-speaking attorneys in northern and southern Taiwan, states that AIT officers cannot act as your attorney or give legal advice, and suggests contacting the Legal Aid Foundation. Other nationals should check their own country's office in Taiwan.
On how lawyers must explain fees and the fee limits in criminal cases, see How much does a lawyer cost? Legal aid eligibility and fee rules in criminal cases.
When should I talk to a lawyer?
For a foreigner in a criminal case, legal aid turns first on Art. 14(1), then on means and the merits. Whether this is your first questioning in the investigation, and whether you already have a lawyer at trial, also affect Art. 5(4)(1). If you are unsure, you can consult first. Attorney Hsu Chia-Chun practices at 昊鼎國際法律事務所 臺中所. This article is general information, not legal advice on your case.