Five Things You Must Never Do After Being Accused of Fraud in Taiwan
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目錄
- 1. Never Delete Messages, Call Records, or Digital Evidence
- 2. Never Coordinate Statements with Other Suspects or Witnesses
- 3. Never Lie, Guess, or Sign an Inaccurate Police Statement
- 4. Never Ignore Police, Prosecutorial, or Court Summonses
- 5. Never Conceal, Transfer, or Withdraw Funds Connected to the Investigation
- 6. What If You Have Already Made One of These Mistakes?
- 7. How Can a Criminal Defense Lawyer Help in a Fraud Case?
- 8. Frequently Asked Questions About Fraud Investigations in Taiwan
- 9. Conclusion: Do Not Additional Problems After Being Accused of Fraud
Receiving a police notice, an investigation summons, or a criminal indictment for fraud can be overwhelming.
Some defendants panic and delete messages, contact other suspects to coordinate their stories, make inaccurate statements, ignore court summonses, or transfer money from accounts involved in the investigation.
These actions may additional legal risks and make an effective defense more difficult.
➡︎ If you are accused of fraud in Taiwan, remember five essential rules: Do not destroy evidence, coordinate false statements, lie during questioning, ignore legal proceedings, or conceal potentially relevant funds.
1. Never Delete Messages, Call Records, or Digital Evidence
1. Why Digital Evidence Matters
Fraud investigations often involve more than bank transactions and withdrawal records.
Relevant evidence may include LINE, Messenger, Instagram, and Telegram conversations, emails, call histories, location records, cloud backups, and electronic payment information.
Some defendants believe deleting suspicious conversations will protect them. However, those same records may contain evidence showing that they were deceived, did not understand the source of the money, or lacked fraudulent intent.Deleting or altering data can also make it harder to reconstruct the original sequence of events.
2. What Should You Do Instead?
Preserve original devices, complete conversations, transaction records, and available backups.
Avoid factory-resetting phones, remotely deleting cloud data, or selectively keeping only favorable screenshots.Organize the evidence chronologically and allow a criminal defense lawyer to assess its relevance.
Taiwan's criminal procedure also provides mechanisms for preserving evidence when there is a risk that it may be lost or become difficult to obtain.
Deleting information does not automatically constitute a separate crime, but deliberately altering potentially relevant evidence may serious procedural and evidentiary concerns.
2. Never Coordinate Statements with Other Suspects or Witnesses
1. Avoid Discussing How to Answer Investigators
Fraud cases frequently involve multiple participants, including bank account holders, money mules, recruiters, intermediaries, and alleged organizers.
After an investigation begins, suspects may be tempted to discuss who should accept responsibility, what everyone should tell police, or which messages should be deleted.Such communications may raise concerns about collusion, witness interference, or evidence manipulation.
Under Taiwan's Code of Criminal Procedure, risks involving evidence destruction or collusion with accomplices or witnesses may be relevant to detention decisions when the applicable legal requirements are met.
2. Can You Contact the Victim to Discuss Settlement?
Settlement is not prohibited simply because a criminal case is pending.
However, contacting a victim without appropriate legal guidance may misunderstandings, especially if the communication involves pressure, threats, requests to change testimony, or disputed admissions.
Compensation and settlement should preferably be handled through legal counsel, formal mediation, or documented agreements.Avoid publicly attacking victims or discussing disputed case details on social media.
The appropriate approach is to preserve evidence and pursue lawful settlement—not to influence what other people tell investigators.
3. Never Lie, Guess, or Sign an Inaccurate Police Statement
1. Understand Your Rights During Questioning
Defendants sometimes make inaccurate admissions because they are frightened or want questioning to end quickly.Others guess dates, amounts, or conversations they cannot remember clearly.
Under Article 95 of Taiwan's Code of Criminal Procedure, defendants must be informed of important procedural rights, including the right to remain silent, the right to legal counsel, and the right to request the investigation of favorable evidence.
Article 156 also addresses the voluntariness and evidentiary requirements of confessions.A confession must be voluntary and consistent with the facts. A conviction cannot rest solely on a defendant's or accomplice's confession without sufficient supporting evidence.
2. The Right to Remain Silent Is Not a Right to Fabricate Evidence
➡︎ If you do not remember a detail, do not invent an answer.
You may explain that you need to review the relevant documents or consult your lawyer before providing a complete response.
For example:
"I cannot confirm the exact date without reviewing the records."
"I would like to consult my lawyer before answering further questions."
"I do not want to speculate about facts I cannot remember."
These responses are different from knowingly providing false information.
3. Review the Interview Record Before Signing
Carefully check whether the written statement accurately reflects your answers.
Pay particular attention to dates, transaction amounts, account ownership, instructions received, and your understanding of the alleged conduct.
➡︎ If something is inaccurate, request a correction before signing.
A lawyer can help identify statements that may be misunderstood or inconsistent with the available evidence.
4. Never Ignore Police, Prosecutorial, or Court Summonses
1. Missing a Summons Can Have Serious Consequences
Ignoring an official summons does not make a fraud investigation disappear.
Under Taiwan's criminal procedure, a defendant who fails to appear after lawful summons without a legitimate reason may be subject to compulsory appearance.
There is no universal rule requiring authorities to issue two summonses before compulsory measures may be considered.Depending on the circumstances and statutory requirements, continued absence, flight, or concealment may additional procedural risks.
2. What If You Cannot Attend?
➡︎ If illness, hospitalization, an emergency, or another legitimate reason prevents attendance, contact the responsible authority as early as possible.
Provide supporting documents where appropriate and confirm whether the requested postponement has been approved.
Do not assume that informing a family member or making a single phone call automatically excuses your absence.
3. What Should You Check When Receiving a Notice?
Verify the issuing authority, case number, your procedural status, the alleged offense, and the required appearance date and location.
➡︎ If you do not understand the notice, seek legal assistance before the scheduled appearance.
Responding appropriately to legal notices helps protect your procedural rights and prevents avoidable complications.
5. Never Conceal, Transfer, or Withdraw Funds Connected to the Investigation
1. Why Suspicious Fund Transfers Are Risky
Fraud investigations often involve bank accounts, cash withdrawals, cryptocurrency, payment platforms, and other financial assets.
After learning about an investigation, defendants should avoid transferring potentially relevant funds to relatives, withdrawing large amounts to conceal their location, or converting disputed assets into less traceable forms.
Article 38-1 of Taiwan's Criminal Code provides rules concerning the confiscation of criminal proceeds and the recovery of their equivalent value in applicable circumstances.
Taiwan's Money Laundering Control Act also regulates conduct involving the concealment or disguise of criminal proceeds and certain acts that obstruct their investigation, preservation, or confiscation.
However, not every bank transfer constitutes money laundering.Criminal liability depends on the actual source of the funds, the person's knowledge and intent, and the surrounding conduct.
2. What If the Money Is Legally Yours?
Do not assume that every account balance is criminal proceeds.Preserve salary records, loan agreements, business documents, bank statements, and other evidence establishing legitimate ownership.
➡︎ If funds may need to be returned to victims, verify the recipient and amount before making any payment.A lawyer can help determine whether restitution, settlement, mediation, or another lawful procedure is appropriate.
3. What Should You Do Instead?
Preserve complete transaction records and avoid unnecessary transfers involving disputed funds.
➡︎ If an account has been frozen, flagged, seized, or otherwise restricted, do not attempt to circumvent the restrictions.Seek legal advice about the applicable procedures and available remedies.
6. What If You Have Already Made One of These Mistakes?
Making a mistake does not mean you should continue making additional changes to conceal it.
➡︎ If you have already deleted messages, contacted other suspects, missed a summons, or transferred relevant funds, the next steps should focus on preserving what remains and obtaining legal advice.
1. Stop Altering Evidence
Do not continue deleting, modifying, or remotely erasing digital information.
Preserve remaining devices, backups, transaction records, and communications.
2. Document What Happened
Prepare an accurate timeline explaining what actions occurred, when they occurred, and why.
Do not invent a new account of events to cover earlier mistakes.
3. Address Missed Proceedings Promptly
If you missed a police interview, prosecutorial appearance, or court hearing, contact a lawyer promptly to determine the current procedural status.
Do not assume that no further action has been taken.
4. Obtain Legal Advice Before Making Additional Statements
Provide your lawyer with the complete facts, including unfavorable information.
Accurate legal advice depends on understanding what actually happened, not merely reviewing selected evidence.
7. How Can a Criminal Defense Lawyer Help in a Fraud Case?
Fraud defense begins well before a case reaches trial.
Chien Sheng International Law Firm provides legal assistance throughout police investigations, prosecutorial proceedings, and criminal trials in Taiwan.
Depending on the circumstances, legal representation may involve reviewing summonses and indictments, organizing communication records, analyzing financial transactions, accompanying clients during questioning, and examining search and seizure procedures.
Defense counsel may also assess allegations involving fraud, aiding fraud, aggravated fraud, money laundering, and accomplice liability.
Where appropriate, lawyers can assist with settlement negotiations, restitution, evidentiary challenges, sentencing arguments, and appeals.Different participants in an alleged fraud scheme may have very different legal responsibilities.
➠ For example, a person who unknowingly provided a bank account should not automatically be treated as having the same intent or role as someone who organized the fraudulent transactions.
The evidence must be evaluated in light of each defendant's conduct, knowledge, and involvement.
8. Frequently Asked Questions About Fraud Investigations in Taiwan
Q1: Can deleting LINE messages make a fraud investigation worse?
Yes. Deleting potentially relevant communications may destroy helpful evidence, questions about the completeness of the record, and complicate the defense.
Q2: Can I discuss the case with another defendant?
Necessary lawful communications are not automatically prohibited, but coordinating testimony, discussing how to conceal evidence, or attempting to influence witnesses can serious legal risks.
Q3: Do I have to answer every question during police questioning?
No. Criminal defendants have the right to remain silent and the right to legal counsel under Taiwan's Code of Criminal Procedure.
Q4: Can police compel me to appear after I miss one summons?
Depending on the circumstances and applicable procedural requirements, compulsory appearance may be possible after a lawful summons is ignored without a legitimate reason. Two missed summonses are not universally required.
Q5: Can I withdraw money from my bank account after being accused of fraud?
The answer depends on the source of the funds, applicable restrictions, and the purpose of the transaction. Avoid moving disputed funds without first obtaining legal advice.
Q6: Can I still negotiate compensation with the victim?
Yes. Lawful settlement and compensation may be possible, but communications should be carefully documented and should not involve threats, pressure, or attempts to influence testimony.
9. Conclusion: Do Not Additional Problems After Being Accused of Fraud
Becoming a criminal defendant in a fraud case does not automatically mean you will be convicted.
However, your actions after receiving an investigation notice may significantly affect how the case develops.Deleting evidence, coordinating false statements, making inaccurate admissions, ignoring summonses, or concealing disputed funds can additional difficulties.
The safest initial approach is to preserve evidence, verify official notices, avoid unnecessary communications or financial transfers, and obtain legal advice before making important decisions.
Chien Sheng International Law Firm assists individuals facing fraud and money laundering allegations in Taiwan, including bank account providers, alleged money mules, intermediaries, and other participants in complex criminal investigations.Early legal assessment can help clarify the allegations, identify relevant evidence, and develop an appropriate defense strategy.※ Legal Disclaimer: This article provides general information about criminal procedure and fraud investigations in Taiwan. The legal consequences of deleting information, contacting witnesses, missing summonses, or transferring funds depend on the specific facts and applicable law. No particular outcome, including non-prosecution, acquittal, or a suspended sentence, can be guaranteed.
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