What should I do if I receive a notice from the police station?-

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What should I do if I receive a notice from the police station?

警局通知書、警局筆錄

Receiving a notice from the police station or getting a call from the police, asking us to go to the station for an inquiry record, often comes as a surprise and can be confusing. Understanding the meaning of the notice from the police station and the legal process of the inquiry record can help the public respond calmly.

Why did I receive a notice from the police station?

What should I do if I receive a notice from the police station? Points to note during police questioning.

The majority of people might feel uneasy when they receive a notice from the police station. After all, such notices are mostly related to a criminal case. However, receiving a notice from the police does not necessarily mean you are a defendant in a criminal case; you could be a witness or a suspect. Here are the steps and strategies for handling a notice from the police station, aimed at helping you respond calmly and properly when you receive such a notice.

Confirm the information on the police station notice.

Case Reason: The police notice usually specifies the 'Case Reason,' informing the notified party why they need to visit the police station. For example, it could be for cases like fraud, defamation, theft, etc. Upon confirming the case reason, one should consider if they have encountered any related situations recently to prepare for possible scenarios and questions during the police questioning.
Personal Information: The police notice will contain the notified person's personal details, including name, date of birth, national ID number, etc. It's essential to ensure that these details are correct and match your own. If there are any concerns, you can directly contact the police station or the officer in charge listed on the notice.

Pay attention to the appointed time.

The appointed time and location are very important information on the police notice, which is why they are separately highlighted for the reader's attention.

'Lawyer, I am busy on the day of the police inquiry. Can I not go?' Many people who receive a police notice ask this during consultation. Some people may have unavoidable reasons such as work that prevent them from going to the police station, while others might think they have done nothing wrong and choose to ignore it out of a sense of innocence. Regardless of the reason, the advice here is to definitely attend! Especially if you are a suspect or a defendant, according to Article 71-1 of the Code of Criminal Procedure, judicial police officers can use a notice to summon the suspect for questioning as part of the investigation and evidence collection. If you are legally notified and fail to attend without a valid reason, the police may request a warrant for your arrest from the prosecutor. Not attending without a good reason can have serious consequences and be detrimental to the case!

If you have an emergency or other reasonable cause on the day of the police questioning, you should contact the officer in charge to inform them of your inability to attend and actively cooperate in rescheduling, to ensure your rights are protected.

Seek professional legal advice in advance.

Once you receive the notice, it's best to immediately seek professional advice from a lawyer. A lawyer can provide legal advice regarding your rights and points to note during police questioning before the inquiry takes place. If needed, you can also ask a lawyer to accompany you to the police station for the interrogation. The presence of a lawyer ensures that the questioning process follows legal procedures and protects the individual from improper questioning or undue pressure.

Points to note on the day of police questioning.

If you are a suspect or a defendant, the police inquiry record is often the first legal document you express your side of the story. It can significantly influence the development and investigation of the case. During the recording process, pay special attention to whether the police legally start full audio and video recording, inform you of the alleged crimes, and advise you of your rights to remain silent, seek a lawyer, and request the police to investigate evidence favorable to the defendant. Ensure that the questioning is conducted without leading questions and follows correct procedures. After the record is complete, it is crucial to double-check the content of the record and your personal details before signing. If you have any objections or concerns about the content of the record, address them immediately with the police.

What should I do if the location specified in the police notice is very far?

If the location on the police notice requires traveling to a different county or city for the record, and it's inconvenient for you due to commuting issues or mobility difficulties, firstly, it's recommended to directly contact the officer in charge to explain the situation. Try to request if the police can transfer the recording location to a police station or district prosecutor's office closer to your registered address. Secondly, if changing the location is not feasible, consult a lawyer about other legal methods or solutions for your specific case. Lastly, if you still need to go to the original location, make sure to plan your transportation and schedule in advance to ensure punctual attendance.

FAQs

Q：How long does it usually take for a defendant to receive a police notice after being charged?

A：Typically, this question arises in situations there is a dispute between parties, and one of them threatens to call the police and file a complaint. However, it's often uncertain whether a complaint has actually been filed; one can only be sure if they have received a notice from the police station. Therefore, this question is somewhat moot until a notice is received. Secondly, if you are certain that the other party has filed a complaint but you haven't received a notice yet, the time it takes for the police to notify you varies. It depends on each police station's case handling status and procedural progress, so it's difficult to define a specific timeframe. Instead of focusing on when you will receive the police notice, it's more practical to start developing strategies for investigation and response to the case.

Q：Does a police inquiry record have evidential value?

A：In legal terms, 'evidential capacity' and 'evidential weight' are different concepts, explained as follows:

Evidential Capacity: This refers to whether something can be used as evidence in a legal context. If it lacks evidential capacity, it cannot be presented as evidence during a trial.

Evidential Weight: This refers to the degree to which a piece of evidence can persuade a court or judge. The higher the evidential weight, the more convincing the evidence is to the judge.

In short, to be considered as evidence, an item must first have evidential capacity (it must be recognized as evidence by law), and then its evidential weight is considered.

Generally, police inquiry records do have evidential capacity. However, regarding their evidential weight, according to Judicial Yuan Interpretation No. 789, courts should not use the victim's statements during police inquiries as the sole or primary evidence for a guilty verdict. There should be other corroborating evidence to support the veracity of the crime facts mentioned in the police inquiry statements.

Q：Can I have a family member accompany me when making a statement?

A：In principle, yes. According to Article 248-1 of the Code of Criminal Procedure, during an investigation, the victim can be accompanied by their legal representative, spouse, direct relatives, relatives within the third degree of kinship, guardian, family members, doctor, psychologist, counselor, social worker, or a trusted person, with the victim's consent, who can also state their opinions.

However, there are exceptions. The same article stipulates that this provision does not apply if the accompanying person is the defendant, or if the prosecutor, judicial officer, judicial police officer, or judicial police determine that their presence hinders the progress of the investigation. In other words, if your family member is also a defendant in the case, or their presence disrupts the process, they may not be allowed to accompany you.

Ultimately, since criminal cases are involved, the best choice for accompaniment is a professional lawyer. Only a lawyer can fully protect the rights of the parties involved during the investigation. For the sake of the case's progression, it is recommended to have a lawyer accompany you for the most comprehensive support.

Through a detailed discussion of police notices and police inquiry records, it's clear that when receiving a police notice, what matters is not just the response strategy, but also understanding the process and its implications for personal rights. By adopting the right approach and actively seeking legal advice, one can effectively handle police requests while protecting their legal rights.

Regardless of your status in the police notification, it's important to remain calm and take reasonable steps to respond. Remember, seeking professional legal help is not only your right but also key to ensuring your legal rights are protected.

We hope this article provides valuable guidance and support to readers facing police notices, helping you confidently protect your rights in these seemingly complex situations. If you have any questions about handling police notices or records, or need further legal advice, feel free to contact WHP. The professional team at WHP is always ready to assist you, ensuring your rights are best protected.

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