1. Arrest: If a person is suspected of committing a crime, the police will arrest them. The arrest can be made with or without a warrant, depending on the circumstances. If the arrest is made without a warrant, the police must provide a reason for the arrest and inform the suspect of their rights.
2. Detention: Once the person is arrested, they may be detained for up to 24 hours before being charged. If the police believe they need more time to investigate, they can apply to a court for an extension of detention.
3. Interrogation: The police will question the suspect to gather evidence and information about the crime. During the interrogation, the suspect has the right to remain silent and to consult with a lawyer.
4. Charge: If the police believe there is sufficient evidence, they will charge the suspect with a crime. The charges will be read out to the suspect, who will then have the opportunity to respond.
5. Bail: Depending on the severity of the crime, the suspect may be released on bail. Bail is granted at the discretion of the court, and the suspect may be required to surrender their passport and report to the police regularly.
6. Trial: The case will go to trial, where the evidence will be presented, and the suspect will have the opportunity to defend themselves. The trial will be presided over by a judge, and the verdict will be decided by a panel of judges or a single judge, depending on the severity of the crime.
When being arrested in Taiwan, individuals have certain rights, including:
1. The right to remain silent: Suspects have the right to remain silent during questioning, and anything they say can be used as evidence against them.
2. The right to legal representation: Suspects have the right to consult with a lawyer, and if they cannot afford one, they may be provided with a court-appointed lawyer.
3. The right to be informed of charges: Suspects have the right to be informed of the charges against them.
4. The right to a fair trial: Suspects have the right to a fair trial, which includes the right to a public hearing, the right to challenge evidence, the right to gather their own evidence in support of their defense, and the right to appeal a verdict.
Overall, the process of being arrested and charged in Taiwan follows a legal framework that provides certain rights and protections to individuals.