An indictment means the investigation has ended and the case has moved to court; it does not settle the outcome. A case may follow an ordinary trial, summary adjudication, or a negotiated-judgment procedure when the legal conditions are met. Conversion to a fine and a suspended sentence have separate statutory requirements and depend on the case and the court’s decision. No result can be predicted here.
What does receiving an indictment mean?
The prosecutor has ended the investigation and filed with the competent court an indictment identifying the defendant, alleged facts, evidence, and applicable offenses, together with the file and exhibits (Code of Criminal Procedure, Art. 264). An indictment covering part of the criminal facts extends to the whole of them (Art. 267).
In an ordinary trial, the court summons the defendant or representative and notifies the prosecutor and defense counsel. It must also summon the victim or family to give them an opportunity to be heard, except if they fail to attend without a valid reason after lawful summons, expressly say they do not wish to attend, or the court finds attendance unnecessary or unsuitable (Art. 271). The number and timing of hearings depend on the case.
What is summary adjudication?
If the defendant’s confession during investigation or other existing evidence is sufficient to establish the offense, the court may, on a prosecutor’s application, issue a summary criminal judgment without an ordinary trial. When necessary, it must question the defendant before imposing sentence (Art. 449(1)). An ordinary prosecution may also be converted to summary adjudication if the defendant confesses and the court considers it appropriate (Art. 449(2)).
Sentences under this route are limited to those specified in Article 449(3): imprisonment or short-term detention eligible for suspension, conversion to a fine, or community service, or a fine. A defendant who confessed during investigation may tell the prosecutor what sentence range or suspended sentence they would accept. If the prosecutor agrees, the prosecutor must record this and promptly, on the basis of the defendant's statement, ask the court for that sentence or for a suspended sentence (Art. 451-1(1)).
What is the negotiated-judgment procedure?
After indictment or an application for summary adjudication, and before the first-instance oral argument ends or a summary judgment is issued, after seeking the victim’s views, the prosecutor may, with the court’s consent, negotiate with the defendant. Negotiations may cover the sentence range, apology, compensation, and payment to the public treasury. The victim’s consent is required for negotiation over apology or compensation. Negotiations may begin on the prosecutor’s initiative or at the request of the defendant, representative, or counsel. If the parties agree and the defendant admits guilt, the prosecutor asks the court for a judgment under the negotiated procedure (Art. 455-2(1)–(2)).
除所犯為死刑、無期徒刑、最輕本刑三年以上有期徒刑之罪或高等法院管轄第一審案件者外，……經當事人雙方合意且被告認罪者，由檢察官聲請法院改依協商程序而為判決。（刑事訴訟法第455條之2第1項）
Unofficial English summary (not an official translation): The procedure is unavailable for offenses punishable by death or life imprisonment, offenses with a minimum sentence of at least three years, and cases tried at first instance by a High Court (Art. 455-2(1)).
Negotiations may last no longer than 30 days (Art. 455-2(3)). A negotiated judgment is limited to a suspended sentence, imprisonment of up to two years, short-term detention, or a fine (Art. 455-4(2)). If the defendant would accept more than six months’ imprisonment without suspension and has no counsel, the court must appoint a public defender or attorney to assist in negotiation (Art. 455-5(1)). Appeals from a negotiated judgment are generally restricted (Art. 455-10(1)).
When may imprisonment be converted to a fine?
For an offense with a maximum statutory sentence of no more than five years’ imprisonment, a sentence of no more than six months’ imprisonment or short-term detention may be converted to a fine at NT$1,000, NT$2,000, or NT$3,000 per day. The exception is where conversion would not serve correction or maintain the legal order (Criminal Code, Art. 41(1)). Community service may be possible under other paragraphs when conversion to a fine is unavailable; different rules apply if health makes performance difficult (Art. 41(2)–(4)).
When may a sentence be suspended?
For a sentence of no more than two years’ imprisonment, short-term detention, or a fine, the court may suspend execution for two to five years if it considers suspension appropriate and the defendant satisfies the statutory criminal-history condition. This includes someone never sentenced to imprisonment or more for an intentional offense, or someone who has not received such a sentence for an intentional offense within five years after an earlier sentence was completed or pardoned (Criminal Code, Art. 74(1)). The court decides whether suspension is appropriate.
A suspended sentence may carry conditions such as an apology to the victim, a statement of remorse, compensation or payment, community service, or treatment (Art. 74(2)). Conditions are recorded in the judgment (Art. 74(3)); suspension does not extend to ancillary penalties, rehabilitative measures, or confiscation (Art. 74(5)).
Can suspension be revoked?
If the person intentionally commits another offense before or during the suspension period and receives a final sentence of more than six months’ imprisonment during that period, revocation is required under Article 75. An application for revocation must be made within six months after that judgment becomes final. In other specified circumstances, including a final sentence of six months or less, short-term detention, or a fine, or a serious breach of conditions, the court may revoke suspension in its discretion (Art. 75-1).
When should I seek legal advice?
Consider speaking to counsel before court if you have received an indictment or a summary-adjudication application, need to prepare a defense, or wish to assess a negotiated procedure, fine conversion, or sentence suspension. This is general information, not advice for an individual case or a guarantee of any outcome.