A visitor in a criminal case in Taiwan: can I still fly home on time? Exit restrictions, extending your stay and summary judgments

This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.

After dealing with the police, can I still take my scheduled flight?

It depends on whether a judicial authority has notified an exit restriction. If it has, the NIA must bar you from leaving (禁止出國), and at immigration inspection hand you a written notice on the spot and tell you the reason (Immigration Act, Art. 21). Leaving in breach of such a ban is itself punishable under Article 74(1) of the same Act.

Leaving Taiwan when no exit restriction has been ordered does not end the criminal case. A defendant who has been lawfully summoned and fails to appear without good reason may be brought in for compelled appearance (拘提) (Code of Criminal Procedure, Art. 75), and one who flees or hides may be made the subject of a wanted notice (通緝) (Art. 84). Before you leave, confirm your role in the case and whether you are required to appear; see Summoned by prosecutors: can I miss the hearing?.

In a criminal case, restrictions on leaving the country by air or sea (限制出境、出海) are decided by the prosecutor or the judge under Article 93-2(1) of the Code of Criminal Procedure. For the written notice, duration and how to challenge one, see our guide to exit restrictions.

外國人有下列情形之一者，移民署應禁止其出國：一、經司法機關通知限制出國。二、經財稅機關或各權責機關依法律通知限制出國。依前項規定禁止出國者，移民署於查驗時，當場以書面交付當事人，並告知其禁止出國之理由。（入出國及移民法第21條第1項、第2項）

Unofficial English summary (not an official translation): the NIA must bar a foreigner from leaving if a judicial authority, or a tax or other competent authority acting under law, has notified an exit restriction, and must hand the person a written notice with the reason at inspection.

Can I be stopped from leaving for an offense punishable only by short-term detention or a fine?

Not directly. For offenses whose maximum penalty is short-term detention or a fine only, the prosecutor or judge may not directly impose an exit restriction (Code of Criminal Procedure, Art. 93-2(1), proviso). For example, public insult under Article 309(1) of the Criminal Code (中華民國刑法) carries "short-term detention or a fine of up to NT$9,000"; if it is committed with violence (Art. 309(2)), the penalty includes fixed-term imprisonment.

The proviso only limits imposing a restriction directly. Under Article 93-6, where other provisions allow bail, entrustment or a residence restriction to be ordered, an exit restriction may also be ordered. Impaired driving (Criminal Code, Art. 185-3) and bodily injury (Art. 277(1)), among others, carry fixed-term imprisonment among their statutory penalties, so they are not proviso cases. For specific offenses, see Impaired driving: testing thresholds, procedure, and penalties, Bodily injury: complaint deadlines, settlement and withdrawal and Public insult and defamation: the complaint period and free-expression limits.

被告犯罪嫌疑重大，而有下列各款情形之一者，必要時檢察官或法官得逕行限制出境、出海。但所犯係最重本刑為拘役或專科罰金之案件，不得逕行限制之：一、無一定之住、居所者。二、有相當理由足認有逃亡之虞者。三、有相當理由足認有湮滅、偽造、變造證據或勾串共犯或證人之虞者。（刑事訴訟法第93條之2第1項）

Unofficial English summary (not an official translation): where a defendant is strongly suspected and has no fixed residence, or there is good reason to fear flight or tampering with evidence or witnesses, the prosecutor or judge may directly restrict travel abroad if necessary, but not in cases whose maximum penalty is short-term detention or a fine only.

How can I check whether I've been barred from leaving?

You can check at an NIA service center. The NIA says foreigners are treated the same as Taiwanese citizens with household registration: with the required documents, you can check in person or through someone you authorize at any of its city and county service centers, free of charge, Monday to Friday, 08:00 to 17:00. The NIA only gives out your own information; without your authorization, no one else can look it up.

My permitted stay is ending while I'm barred from leaving. What should I do?

Apply before it expires. A foreigner who needs to stay longer must apply to the NIA for an extension before the permitted stay ends (Immigration Act, Art. 31(1)). If you entered on a visitor visa (停留簽證), the application to the NIA must be made within the 15 days before expiry, with an application form, passport, visitor visa and other documents, and the total stay may not exceed 6 months. Paragraph 2 of the same article separately lists grounds on which the stay may be extended further (for example, where the person's liberty is lawfully restricted (人身自由依法受拘束)); the article does not specify whether an exit restriction qualifies, so check with the NIA first (Regulations on foreigners' stay, residence and permanent residence (外國人停留居留及永久居留辦法, the stay regulations), Art. 3).

If you entered visa-free (免簽證) or with a landing visa, and one of the situations in Article 4 of the Enforcement Rules of the Foreign Passport and Visa Act (外國護照簽證條例施行細則) prevents you from leaving before your stay ends (acute serious illness, a natural disaster or other force majeure, or another proper reason), you must apply for a visitor visa to the Ministry of Foreign Affairs' Bureau of Consular Affairs (外交部領事事務局) or one of its branch offices (Art. 4 of the stay regulations). The rules do not say directly whether an exit restriction counts as one of these situations, so check with the office handling your application first. Overstaying is subject to an administrative fine of NT$10,000 to NT$50,000 (Immigration Act, Art. 74-1(2)).

How does the case end, and when is the exit restriction treated as lifted?

If you receive a non-prosecution (不起訴) or deferred prosecution (緩起訴) decision, or a judgment of, among others, acquittal, exemption from prosecution (免訴), exemption from punishment, a suspended sentence, a fine or an admonition, the exit restriction is treated as revoked; but during the appeal period or an appeal it may continue if necessary (Code of Criminal Procedure, Art. 93-4). Before that point, the defendant and defense counsel may apply to have it revoked or changed (Art. 93-5(1)).

What is a summary judgment? Is there a full trial?

There is no ordinary trial. Where the defendant's confession during the investigation or other existing evidence is enough to establish the offense, the first-instance court may, at the prosecutor's request, impose a sentence by summary judgment (簡易判決) without the ordinary trial procedure, although it must question the defendant before sentencing if necessary (Code of Criminal Procedure, Art. 449(1)). The sentence is limited to a suspended sentence, imprisonment that can be converted to a fine or to community service, short-term detention, or a fine (Art. 449(3)).

Execution of the judgment is directed by the prosecutor (Art. 457(1)). For when imprisonment can be converted to a fine and how, see After an indictment: trial, negotiated judgment, and sentencing options.

Will a criminal record in Taiwan affect my next visit?

It may. The NIA may bar entry to a foreigner who has a criminal record in Taiwan or abroad (Immigration Act, Art. 18(1)(7)), and the same applies to anyone who has previously overstayed or worked illegally (Art. 18(1)(12)). Separately, Article 95 of the Criminal Code provides that a foreigner sentenced to fixed-term imprisonment or more may be deported after serving the sentence or being pardoned.

When should I get a lawyer's help?

If you receive a written exit-restriction notice, your permitted stay is about to end, or you want to know how the case affects your departure, you can consult first. U.S. citizens can also contact the American Institute in Taiwan (AIT), which says it can visit arrested U.S. citizens and provide a list of English-speaking attorneys, but cannot get a U.S. citizen released. Citizens of other countries should check what their own office in Taiwan publishes. This article is general information, not legal advice on your case.