Can you pay the amount in a Taiwan deferred-prosecution disposition and treat the case as finished? The answer depends on every condition in the document and the remaining period. Payment may satisfy one obligation while treatment, service or protective restrictions continue.
The Chinese term is 緩起訴. Under Code of Criminal Procedure Article 253-1, the prosecutor may set a period of one to three years for an eligible offense after considering the statutory sentencing factors and the public interest. The period begins when the disposition becomes final. The date it was written or the date you paid need not be that date.
What the prosecutor can require
Deferred prosecution is unavailable under Article 253-1 for offenses punishable by death, life imprisonment or a minimum prison term of three years or more. Eligibility does not guarantee approval. A settlement or a first offense may be relevant to the prosecutor’s assessment, but neither creates a right to this disposition.
Article 253-2 allows specified duties, including an apology, compensation to the victim, payment to the public treasury, treatment or counseling, and measures protecting the victim or preventing further offending. Unpaid service under this provision ranges from forty to 240 hours at a designated organization.
Compensation, treasury payment, service and treatment obligations under items 3 through 6 require the defendant’s consent. They must be recorded in the disposition, and the compliance period cannot exceed the deferred-prosecution period. Compensation and treasury-payment provisions can also serve as titles for civil enforcement.
For someone working remotely from Taiwan or due to return to the United States, the appointment schedule deserves attention before consent is given. Identify the designated provider, the location, the payment recipient and the date for each obligation. Ask how completion must be proved. Do not assume hours volunteered for an American charity count toward service assigned to a named Taiwan organization.
A receipt proves a payment, not every obligation
Keep the original disposition and any later implementation notices together. A useful compliance record pairs each duty with its due date and proof: a payment receipt, attendance record or completion document. Different offices may administer different duties.
If illness, a work assignment or travel will interfere, contact the handling office before the appointment or deadline and provide supporting records. Ask for a written response about the required arrangement. A request does not suspend the duty, and an informal understanding with the victim does not amend the prosecutor’s disposition.
Compensation paid to the victim and money paid to the treasury have different recipients and purposes. Record both accurately. When a settlement also includes withdrawal of a complaint, its effect depends on the offense and the wording; the separate complaint-withdrawal article explains that issue.
How revocation happens
A prosecutor may revoke deferred prosecution and continue investigating or prosecute where a ground in Article 253-3 is established. Breaching a required obligation is one ground. The article also covers specified later prosecution or sentencing events for intentional offenses; the timing and nature of the other case must be checked against the actual provision.
Revocation is not automatic whenever someone alleges a missed appointment. The prosecutor makes the decision, either on the prosecutor’s own initiative or at the complainant’s request. Supply evidence of performance or the circumstances of an alleged breach. Article 253-3 also says that, upon revocation, the defendant cannot demand return or compensation for what has already been performed.
What if the revocation is wrong? Article 256-1 gives the defendant ten days after receipt of the revocation disposition to submit written reasons for reconsideration through the original prosecutor to the directly superior prosecutorial authority. Keep the envelope and service evidence. This is the defendant’s challenge to revocation, a distinct issue from a victim challenging the original decision not to prosecute immediately.
Travel and proof of the outcome
A deferred-prosecution paper should not be treated as a visa extension or a boarding authorization. Check any existing exit restriction and your immigration status through the responsible authority before travel. If you are already overseas, ensure the handling office has reliable contact and service arrangements.
At the end of the period, preserve evidence of finality, the full disposition and completion of every obligation. Those documents explain the outcome more accurately than a bank receipt or an English description calling the case “dismissed.”
Official sources
Checked: October 8, 2026. Chinese statutory text controls.
Frequently Asked Questions
- When does a Taiwan deferred-prosecution period begin?
- Article 253-1 starts the one-to-three-year period when the disposition becomes final. It does not start merely because you paid the required amount or received a proposed disposition.
- Can I challenge a revocation of deferred prosecution?
- Article 256-1 permits the defendant to request reconsideration within ten days after receipt, giving written reasons through the original prosecutor to the directly superior prosecutorial authority. Preserve service evidence and the records of compliance.
This article provides general information and is not legal advice on any individual matter.
