An injury record can document harm after an assault in Taiwan, but it cannot by itself show who attacked first or whether a response was defensive. Preserve the sequence as well as the injuries: original video, messages, witness details and the place and time of each act.
For an American visitor who plans to leave soon, medical care and a police report need not wait until every witness has been found. Seek urgent help first. Tell the officer about cameras whose footage may disappear and ask for the case reference and the office handling follow-up.
What ordinary injury means
Criminal Code Article 277(1) punishes injury to another person’s body or health with imprisonment of up to five years, short-term detention or a fine of up to NT$500,000. Those are statutory alternatives, not a prediction for a particular encounter. The same article contains substantially different penalties when the injury offense results in death or serious injury.
Ordinary injury under paragraph 1 generally requires a complaint under Article 287. An exception applies where a public official commits that offense while performing official duties. The complaint rule for ordinary injury should not be extended to every more serious charge arising from the incident.
A broken object, a threat and a physical injury can also involve different offenses. Give the investigator the actual words and actions. The English label “assault” alone is insufficient.
The complaint has its own clock
For a complaint-dependent offense, Code of Criminal Procedure Article 237 requires a complaint within six months after the person entitled to complain learns who the offender is. The incident date and the identification date may differ. A pending discussion about medical bills does not safely replace a timely complaint.
Article 242 permits a written or oral complaint to a prosecutor or judicial police officer; an oral complaint must be recorded. When investigators encounter a complaint-dependent offense without a complaint, the provision requires them to ask an eligible person appearing before them whether they wish to complain and to record the response.
Say clearly whether you seek prosecution, and ask for interpretation if you cannot understand the record. Review the description of your actions too. In a two-sided altercation, the officer may investigate allegations against both participants, so a complainant should establish whether they are also being questioned as a suspect. The police-questioning article explains those rights.
Self-defense turns on the ongoing attack
Did the other person hit you first? That fact can matter, but the legal inquiry also concerns what was happening when you used force. Criminal Code Article 23 protects an act defending your own or another person’s rights against a present unlawful attack. Excessive defense may lead to reduction or remission of punishment.
Footage that begins only with the response may omit the attack; a recording that ends early may omit later retaliation. Keep the whole file. Describe any interval between acts, where each person moved and whether the threat continued. Avoid editing a clip into a version that loses the surrounding sequence.
This is a Taiwan statutory defense. US state-law phrases about self-defense should not substitute for applying its conditions to the evidence.
Recovering losses requires a damages claim
Medical receipts, treatment records and evidence of missed work support different parts of a compensation request. Civil Code Article 195 permits appropriate monetary compensation for nonfinancial harm from unlawful infringement of bodily integrity or health, among other protected interests. The amount must be assessed on the facts; a criminal fine is not an award paid to the injured person.
A civil tort claim generally has a two-year limitation period from knowledge of both the injury and the person liable, and a ten-year outer period from the tort, under Article 197. Counsel should assess interruption and any other applicable rule. Filing the criminal complaint is not a reason to ignore the civil timetable.
If the case reaches court, an ancillary civil claim may be available; the article on damages inside a criminal case explains its filing window and limits. A private settlement needs separate attention to the payment schedule and any complaint-withdrawal language. For a departing visitor, the medical records, original evidence, complaint record and reliable service arrangements remain the practical basis for continuing the case from abroad.
Official sources
- Criminal Code Article 277(1)
- Article 287
- Code of Criminal Procedure Article 237
- Article 242
- Criminal Code Article 23
- Civil Code Article 195
- Article 197
Checked: October 8, 2026. Chinese statutory text controls.
Frequently Asked Questions
- How long do I have to complain about ordinary injury in Taiwan?
- The ordinary injury offense in Criminal Code Article 277(1) generally requires a complaint. Article 237 of the Code of Criminal Procedure sets six months from when the person entitled to complain learns who the offender is. Article 287 contains an exception for an official acting in official duties.
- Does being hit first automatically establish self-defense?
- No. Article 23 concerns defense against a present unlawful attack. The sequence, continuation of the attack and force used must be assessed. Excessive defense has a separate rule allowing reduction or remission of punishment.
This article provides general information and is not legal advice on any individual matter.
