Recovery is possible but never guaranteed. It depends on identifying a person legally responsible and finding assets that can be reached. Main routes include reporting and making a criminal complaint, bringing an attached civil claim after prosecution or a separate civil suit, and asking the court for provisional attachment. A tort damages claim generally has a two-year period after learning both the loss and the liable person.
Is the money guaranteed to come back?
No. A criminal conviction does not itself transfer money back. A judgment or other enforceable title helps only if assets can be found. An online alias or nominee account may make the defendant difficult to identify. If funds have been withdrawn or passed through many accounts, even a successful claim may be hard to enforce.
If the transfer is recent, reporting quickly may allow institutions to intercept remaining funds. Under current financial anti-fraud rules, a victim may visit any deposit-taking institution during business hours, identify the transfer and suspected scam, sign a declaration and call 165. Police must attend to take the report within two hours (Art. 28). Institutions trace onward transfers (Art. 27), and police have 48 hours after ring-fencing to determine whether an account should be marked as alerted (Art. 30). A hold is not a promise of repayment. See five immediate steps after an investment scam.
Routes to seek recovery
Several routes may be used together: a criminal report or complaint; an attached civil action after criminal prosecution or a separate civil suit; and provisional attachment to preserve assets where conditions are met.
| Route | When available | Main provision |
|---|---|---|
| Criminal complaint | To a prosecutor or judicial police officer | Code of Criminal Procedure, Arts. 232, 242 |
| Attached civil action | After prosecution and before second-instance oral argument ends | Code of Criminal Procedure, Arts. 487–488 |
| Separate civil action | Need not wait for criminal prosecution | Civil Code, Arts. 184–185 |
| Provisional attachment | If later enforcement may be impossible or very difficult | Code of Civil Procedure, Arts. 522–523 |
How to make a criminal complaint
A victim may complain orally or in writing to a prosecutor or judicial police officer (Code of Criminal Procedure, Arts. 232, 242(1)).
意圖為自己或第三人不法之所有，以詐術使人將本人或第三人之物交付者，處五年以下有期徒刑、拘役或科或併科五十萬元以下罰金（刑法第339條第1項）。
Unofficial English summary (not an official translation): Criminal Code Article 339(1) punishes using deceit, with intent to unlawfully obtain property for oneself or another, to cause a person to deliver property; the penalty is up to five years’ imprisonment, short-term detention, or a fine of up to NT$500,000; a fine may also be imposed in addition to imprisonment (Art. 339(1)).
Specified methods, including impersonating a public agency, acting with at least three people, or using the internet to disseminate the fraud to the public, may fall under the aggravated offense in Article 339-4. Fraud ordinarily does not require a victim complaint. Under Articles 343 and 324(2), offenses between lineal blood relatives, spouses, relatives who share property and live together, other blood relatives within the fifth degree, or relatives by marriage within the third degree require a complaint. A complaint-only offense must generally be complained of within six months after learning who committed it (Code of Criminal Procedure, Art. 237(1)). When necessary to secure collection of an equivalent value, property of a suspect, defendant, or third person may be seized proportionately (Art. 133(2)). Within one year after the judgment becomes final, a person with an enforceable title may request payment from confiscated property or collected assets (Art. 473(1)). Actual recovery depends on the facts and available assets.
What is an attached civil action?
A person harmed by a crime may bring a civil damages claim within the criminal proceeding against the accused and others liable under civil law (Code of Criminal Procedure, Art. 487(1)). It can be filed after prosecution and before second-instance oral argument ends, but not between the end of first-instance argument and an appeal (Art. 488). It cannot be filed during investigation.
- Shared evidence: Evidence examined in the criminal case is treated as examined in the attached civil case (Art. 499(1)).
- Court fees: A complex attached case may be transferred to a civil division without an adjudication fee under Article 504.
- Limits: If the criminal judgment is acquittal, exemption from prosecution, or non-acceptance, the court must dismiss the attached civil claim unless the claimant requests transfer to the civil division; on such transfer, court fees must be paid (Art. 503).
Potential civil defendants may include more than the organizer. People who jointly infringe another's rights are jointly liable, with instigators and helpers treated as joint actors (Civil Code, Art. 185).
When provisional attachment may help
A creditor with a monetary claim may request provisional attachment to preserve future enforcement (Code of Civil Procedure, Art. 522(1)), but must show a risk that enforcement will be impossible or very difficult later (Art. 523(1)). The claim and grounds must be substantiated; the court may require security (Art. 526). Attached civil actions can also use attachment rules (Code of Criminal Procedure, Art. 491).
There are risks. If no main action has been filed, the debtor may seek an order requiring the creditor to sue by a deadline; failure can lead to cancellation (Code of Civil Procedure, Art. 529). If attachment is set aside as improper from the outset, the creditor must compensate the debtor for the resulting damage (Art. 531(1)).
Special rules for certain fraud victims
The Fraud Crime Hazard Prevention Act defines “fraud crime” for its purposes around Criminal Code Article 339-4, the Act's Articles 43–44 and related offenses treated as one adjudicative crime (Art. 2). Ordinary Article 339 fraud alone is outside this definition. For qualifying victims, the Act provides:
- Temporary exemption from advance court fees for a civil damages claim or appeal, and execution fees (Art. 54(1)).
- A cap of one-tenth of the claim value on security ordered for provisional attachment or injunction in that action (Art. 54(2)).
- Selection of one or more claimants for victims with substantially the same main arguments (Art. 55).
- Notice and help with legal-aid applications when statutory conditions are met (Art. 52).
What is the civil limitation period?
A tort damages claim generally expires two years after the claimant knows both the damage and the liable person, and ten years after the tortious act (Civil Code, Art. 197(1)). If the liable person gained a benefit through the tort to the victim’s loss, that benefit must still be returned under unjust-enrichment rules even after the damages claim’s limitation period expires (Art. 197(2)). Filing suit, seeking a payment order or mediation may interrupt the limitation period under Article 129. The precise start and effect of interruption depend on the claim and facts.
Why a win may still yield no payment
A judgment is a basis for enforcement, not cash. If money was withdrawn or moved abroad, reachable assets may be limited. The National Police Agency warns that people posing as hackers or law offices and offering paid “recovery” of scam losses may be running a second scam. Report suspicious approaches and use formal police and legal channels.
Source: National Police Agency warning on recovery scams ↗.
When to seek advice
Review the evidence, cost and potential security requirement if you have identified a liable person or assets, are considering provisional attachment or an attached civil action, or several victims want to act together. This page provides general information, not individual legal advice.