This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.
If you do not understand the language, questioning, including by the police, must go through an interpreter (通譯) (Code of Criminal Procedure (刑事訴訟法), Arts. 99 and 100-2). Up to 6 hours of waiting for one is not counted in the 24-hour period (Art. 93-1). The National Police Agency (警政署) has a rights notice in 16 languages, including English. The record must be read to you or shown to you, and a refusal to sign must be noted with the reason (Art. 41). The reason for an arrest must be sent in writing to you and the relatives or friends you name (Art. 89). What your country's office can do depends on what it publishes.
Can the police question me if I don't speak Mandarin?
If you do not understand the language, the law requires an interpreter. A defendant who does not understand the language must be questioned through an interpreter; where necessary, questions and answers may also be in writing (Code of Criminal Procedure, Art. 99(1)). This applies when the police question a suspect (Art. 100-2), and also to others being questioned, such as witnesses and victims (Art. 99(2)).
The National Police Agency says every police agency keeps a contact list of interpreters. Late at night, or when no one suitable is on the list, officers will set up a three-way call through the Ministry of Labor's 1955 hotline or the 1990 hotline of the National Immigration Agency (移民署, NIA) for bilingual interpretation (according to the National Police Agency's Q&A on safety for foreign residents, on the 1990 hotline Mandarin, English and Japanese are available around the clock; Vietnamese, Indonesian, Thai and Cambodian are available Monday to Friday, 9:00–17:00, excluding public holidays). If you cannot follow, tell the officers directly: "I need an interpreter."
被告為聽覺或語言障礙或語言不通者，應由通譯傳譯之；必要時，並得以文字訊問或命以文字陳述。前項規定，於其他受訊問或詢問人準用之。但法律另有規定者，從其規定。（刑事訴訟法第99條）
Unofficial English summary (not an official translation): a defendant who has a hearing or speech impairment or does not understand the language must be questioned through an interpreter, in writing where necessary, and this also applies to others being questioned unless another law provides otherwise.
Does waiting for an interpreter count toward the 24 hours?
No, but the wait is capped at 6 hours. If you need an interpreter and are not questioned because the police are waiting for one, that time is not counted in the 24-hour period set by Articles 91 and 93(2). The wait may not exceed 6 hours, and there must be no unnecessary delay (Code of Criminal Procedure, Art. 93-1(1)(6)). You may not be questioned during that time (Art. 93-1(2)). How the 24 hours are counted is explained in our guide to rights on arrest and the 24-hour rule.
What will I be told when I'm taken in? Is there an English rights notice?
You must be told on the spot why you are being held and what your rights are, and translated notices exist. When the police arrest someone or take them in under a warrant (拘提), they must tell the person on the spot the reason and the matters listed in Article 95(1) (Code of Criminal Procedure, Art. 89(1)). Those rights are explained in our guide to rights on arrest.
The National Police Agency says its rights notice exists in 16 languages, English among them, which officers may download on the spot for an arrested foreigner to read. The English version covers the right to remain silent, the right to choose a defense attorney, the right to ask for evidence in your favor to be investigated, and whether you agree to be questioned at night. If you are not shown it, you can ask for the English version.
Can a friend, a colleague or my agency translate for me?
You can suggest someone, but the authority handling the case has to confirm whether that person interprets. Under the Ministry of Justice (法務部) guidelines for prosecutors, when a party brings their own interpreter, the prosecutor must first check that person's identity, interpreting ability and relationship to the person being questioned, and ask the other people being questioned for their views (Point 7).
At the police stage, the National Police Agency's Q&A says staff of a labor brokerage (人力仲介公司) may not interpret in cases related to their own brokerage business; another interpreter must be found.
Can I refuse to sign a record I can't read?
If you refuse to sign, the reason must be noted on the record. The written record (筆錄) must be read aloud to you or shown to you, and you must be asked whether anything in it is wrong; if you ask for additions, deletions or changes, your statement must be noted in the record (Code of Criminal Procedure, Art. 41(2), (3)). You are asked to sign, stamp or fingerprint it, but if you refuse, the reason must be noted (Art. 41(4)). This also applies to police questioning (Art. 43-1(1)).
The record is usually written in Chinese. You can ask to go through it with the interpreter, and decide whether to sign once it is correct or you have asked for corrections. AIT's guidance for U.S. citizens puts it plainly: do not sign anything you do not understand.
筆錄應命受訊問人緊接其記載之末行簽名、蓋章或按指印。但受訊問人拒絕時，應附記其事由。（刑事訴訟法第41條第4項）
Unofficial English summary (not an official translation): the person questioned is to sign, stamp or fingerprint right after the last line of the record, but if they refuse, the reason must be noted.
Can my family or friends be told?
You can name relatives or friends, and the reason for the arrest must be sent to them in writing. When someone is arrested or brought in under a warrant (拘提), the reason must be given in writing to that person and to the relatives or friends they name (Code of Criminal Procedure, Art. 89(2)). Say clearly who should be told and how to reach them. If your family lives abroad, it can help to also name a friend in Taiwan.
Family can also hire a lawyer for you: a suspect's legal representative, spouse, lineal blood relatives or collateral blood relatives within the third degree, or head of household or household members may each appoint defense counsel independently (Art. 27(2)).
What can my country's office in Taiwan do?
You can contact it, but what it can do depends on what that office publishes. For U.S. citizens, the American Institute in Taiwan (AIT) says to contact AIT immediately if you are arrested, or ask the police to do so, and that a duty officer is available 24 hours a day. AIT says an officer will try to visit within 48 hours of being notified of an arrest, and that it can visit, provide a list of English-speaking attorneys, give information on Taiwan's legal system, contact family or friends (with limited exceptions, only with your written authorization, under the U.S. Privacy Act), protest mistreatment and monitor prison conditions.
AIT also says it cannot get a U.S. citizen released, and its officers cannot act as your attorney or give legal advice. If you are not a U.S. citizen, check your own country's office in Taiwan: offices publish different lists of what they will and will not do.
How are interpreters arranged at the prosecutors' office and in court?
Both have interpreter systems, and you can raise your need for an interpreter yourself. Under the Ministry of Justice guidelines on interpreters in criminal cases (檢察機關辦理刑事案件使用通譯應行注意事項), prosecutors should proactively ask whether an interpreter is needed and mention it in the summons or attach a request form (Point 3); prosecutorial offices' joint service centers and hearing check-in desks must keep interpreter-request forms (Point 8); complex cases may have a lead and an assistant interpreter (Point 5).
In court, parties, witnesses and others who do not understand the national language are assisted by an interpreter (Court Organization Act (法院組織法), Art. 98), and district courts must contract interpreters for various languages case by case (Art. 23(4)). The Judicial Yuan (司法院) website has a contracted-interpreter section with the interpreter roster and multilingual legal glossaries.
訴訟當事人、證人、鑑定人及其他有關係之人，如有不通曉國語者，由通譯傳譯之；其為聽覺或語言障礙者，除由通譯傳譯外，並得依其選擇以文字訊問，或命以文字陳述。（法院組織法第98條）
Unofficial English summary (not an official translation): parties, witnesses, experts and others involved in a case who do not understand the national language are assisted by an interpreter, and people with a hearing or speech impairment may also choose written questions or answers.
When do I need a lawyer?
A defendant may appoint defense counsel at any time, and so may a suspect under police investigation (Code of Criminal Procedure, Art. 27(1)). Counsel may be present during questioning, take notes and state opinions, although this can be restricted or prohibited on grounds set by law (Art. 245(2)). With a language barrier, check early, around the first questioning, whether an interpreter was present and whether the record reflects what was said. This article is general information, not legal advice on your case.