Receiving a notice to appear or a criminal subpoena can be an alarming and confusing experience for most individuals. Many may worry whether they have become a criminal suspect or face unknown legal responsibilities. Additionally, the professional terminology on such notices often leaves recipients unsure about how to proceed. Since the investigation phase of a criminal case is not only critical for gathering evidence and clarifying facts but also for safeguarding the rights of the parties involved, it is essential to understand the basic framework of criminal procedures. This article focuses on the investigation phase of criminal cases, offering a detailed explanation to guide you through this process.

The Starting Point of Criminal Proceedings

Under Taiwan’s Code of Criminal Procedure, there are three primary ways to initiate criminal proceedings: filing a complaint, reporting a crime , or voluntary surrender. The right to file a complaint depends on whether the case involves a prosecutable offense that requires a complaint or one that does not . Below is an overview of each method:

1. Filing a Complaint:
   This is a formal action taken by a victim or another legally authorized person to file a criminal case with law enforcement or the prosecution. The complainant must clearly express their intent to pursue legal action. If the prosecutor decides to press charges, it becomes a public prosecution. Alternatively, if the victim chooses to directly file a case with the court through an attorney, this is known as private prosecution

2. Reporting a Crime：Anyone can report a crime without needing a specific legal status. Once an individual becomes aware of a criminal act, they may report it to law enforcement or prosecutorial authorities.

3. Voluntary Surrender：This occurs when the perpetrator of a crime, before their actions are discovered, voluntarily approaches law enforcement or prosecutorial authorities to confess the crime. They must also demonstrate a willingness to cooperate with the investigation and accept legal judgment.

What Happens After the Police Receive a Report or Complaint?

When the police receive a report or complaint from a citizen, they begin with basic case registration and classification. They will promptly notify relevant individuals to assist with the investigation or provide evidence. This notification is often done through phone calls or by sending a formal notice to appear. Below are the key steps in the initial investigation process:

1. Issuing a Notice to Appear

A Notice to Appear is an official document issued by the police to notify individuals to assist in an investigation. Recipients can include victims, witnesses, and suspects. Witnesses and suspects have a legal obligation to comply and appear at the designated time. Failure to do so without a valid reason may result in a warrant for arrest, so such notices should not be taken lightly.

2. Creating a Police Interrogation Record

During questioning at the police station, a formal record is typically prepared following these steps:

• Verification of Identity: Confirming the interviewee's identity, address, and contact details.
• Clarification of Facts: Gathering details about the case, such as the time, location, individuals involved, and a description of the circumstances.
• Recording Statements: Documenting the interviewee’s statements accurately, with the interviewee signing to confirm correctness. If there are errors, the interviewee may request corrections. Should the police refuse to make changes, the interviewee can decline to sign or request that objections be recorded to prevent the statement from being improperly used as evidence in the future.

3.  Forwarding the Case to the District Prosecutor's Office

Once the police complete their investigation, they compile all relevant materials—including the interrogation records and collected evidence—into a case file. This file is then forwarded to the District Prosecutor’s Office, a prosecutor takes over to continue the investigation.

Steps in the Investigation Process at the District Prosecutor's Office

Once a case is transferred to the District Prosecutor’s Office, a prosecutor assumes responsibility for directing the subsequent investigation, further examining the facts of the crime, and determining whether to file charges.

1. Issuing a Subpoena

To uncover the facts of the case and assess whether the available evidence is sufficient to support prosecution, the prosecutor may issue a subpoena. This document notifies the parties involved to appear at the District Prosecutor's Office for a hearing, either to provide testimony or undergo questioning. The subpoena typically includes the case number, subject of the case, date and location of the hearing, and a description of the person summoned. Failure to appear without a valid reason may result in a warrant for arrest, making it imperative to respond appropriately.

2. Questioning in the Investigation Court

During the investigation court proceedings, the prosecutor questions the suspect about the case details and verifies whether their statements align with other evidence. The prosecutor may also request additional materials, such as surveillance footage, written evidence, or expert opinions. Suspects retain the right to remain silent during this process and may request the presence of a lawyer to provide legal counsel and assistance during questioning.

3. Making a Disposition Decision

Based on the investigation, the prosecutor makes one of the following decisions:

• Filing an Indictment: If sufficient evidence exists to prove the suspect’s criminal conduct, the prosecutor prepares an indictment. This document outlines the details of the alleged crime, applicable legal provisions, and supporting evidence. The case then proceeds to trial.

• Declining Prosecution: If the evidence is insufficient to establish the suspect’s guilt, or if the suspect’s actions do not constitute a crime, the prosecutor issues a non-prosecution decision. The affected parties may file a motion with the court for reconsideration to request a review of this decision.

• Deferred Prosecution: In cases the suspect’s offense is minor or they demonstrate remorse, the prosecutor may decide on deferred prosecution. During the deferral period, if the suspect complies with conditions set by the prosecutor, they can avoid formal charges.

Navigating the Investigation Phase: Safeguarding Your Rights

The investigation phase is critical in the criminal litigation process, serving as the foundation for clarifying case facts and collecting evidence. This stage directly influences whether charges are filed and the outcome of any subsequent trial. It is essential for individuals to cooperate with the investigation while being fully aware of their rights and legal protections to minimize risks arising from legal misunderstandings or procedural errors.

If you are facing issues related to criminal litigation, we strongly encourage you to seek professional legal assistance. An experienced attorney can provide case-specific legal advice, help you devise effective strategies, and accompany you during questioning or investigative proceedings to ensure that your rights are fully protected.