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What If a Fraud Victim Refuses Settlement in Taiwan? Court Deposits, Compensation, Sentencing, and Suspended Sentences

 

 

In Taiwan fraud cases, defendants often seek to compensate victims because restitution and settlement efforts may influence sentencing and the possibility of a suspended sentence.

But what happens when a victim refuses to attend mediation, does not respond to settlement proposals, or declines further contact?

Can the defendant deposit compensation money with a court to demonstrate a genuine willingness to compensate the victim?

Court deposits may be a legal option in certain circumstances, but depositing money does not automatically constitute settlement, full compensation, or grounds for a reduced or suspended sentence.

The legal significance of a court deposit depends on whether the statutory requirements are satisfied, whether the payment corresponds to the actual obligation, and how the defendant's conduct is evaluated during criminal proceedings.

※ This article explains the distinction between settlement and court deposits, the relevant legal requirements, and how compensation efforts may affect fraud sentencing in Taiwan.

 

1. What Happens If a Fraud Victim Refuses to Attend Settlement or Mediation?

Victims have the right to decide whether to participate in mediation or settlement discussions.

A defendant cannot force a victim to accept compensation or agree to a settlement simply because the defendant is willing to pay.

Under Taiwan's criminal procedure framework, victims or their family members may be given an opportunity to express their views during trial.

However, a victim's absence generally does not automatically prevent criminal proceedings from continuing.The court may still examine the evidence, the defendant's statements, written victim submissions, and other relevant materials.

Courts may also refer appropriate cases to mediation or restorative justice procedures, but meaningful participation generally depends on the victim's willingness.

A failed settlement attempt does not necessarily mean the defendant made no effort to compensate the victim.

The defendant may present objective evidence showing what steps were taken to seek mediation or propose compensation.

 

2. Does Willingness to Compensate a Victim Affect Fraud Sentencing?

Article 57 of Taiwan's Criminal Code requires courts to consider relevant sentencing circumstances, including the defendant's conduct after the offense.

In fraud cases, these circumstances may include:

■ Whether the defendant acknowledged responsibility where appropriate.

■ Whether reasonable compensation proposals were made.

■ Whether mediation was requested through lawful channels.

■ Whether actual payments were made.

■ Whether an agreed settlement was fulfilled.

■ Whether the defendant made genuine efforts to repair the victim's losses.

However, expressing willingness to compensate does not automatically require the court to reduce the sentence.

Judges must also consider the amount involved, the number of victims, the defendant's role, prior criminal record, actual financial benefit, and other relevant circumstances.

A court deposit should therefore be evaluated as part of an overall defense and sentencing strategy rather than treated as an automatic sentence reduction mechanism.

 

3. What Is a Court Deposit for Compensation in Taiwan?

A court deposit, known in Chinese as tícún , is a legal procedure through which money or other eligible property is deposited with a court deposit office under circumstances permitted by law.

Article 326 of Taiwan's Civil Code allows a debtor to deposit the performance owed when the creditor is in default of acceptance or when the debtor cannot determine who the rightful creditor is and therefore cannot properly perform the obligation.

In fraud cases, a defendant may consider a court deposit when:

■ The victim refuses to communicate or attend mediation.

■ A compensation proposal has been made but no response is received.

■ The defendant has prepared a specific amount of money.

■ A lawful and reliable method of delivering compensation is unavailable.

Where the legal requirements are satisfied, a court deposit may provide objective documentation that the defendant has taken concrete steps toward compensation.

However, its legal effect must be evaluated carefully.

 

4. Can a Defendant Deposit Money Simply Because the Victim Refuses Settlement?

Not necessarily. A victim's refusal to settle does not automatically establish the legal conditions for a valid deposit in satisfaction of an obligation.

Article 22 of Taiwan's Deposit Act provides that a deposit that does not conform to the obligation or is made for someone without the right to receive payment does not extinguish the underlying obligation.

➡︎ For example, suppose a victim claims NT$500,000 in losses, but the defendant unilaterally deposits NT$50,000 without an agreed settlement amount.

Even if the deposit is procedurally accepted, it does not automatically mean that the victim's entire claim has been satisfied.

The court must distinguish between:

■ Whether the deposit was legally valid.

■ Whether the deposit satisfied all or part of the civil obligation.

■ Whether the victim actually received compensation.

■ Whether the deposit demonstrates meaningful post-offense efforts relevant to sentencing.

A court deposit is not a substitute for the victim's consent to settlement.

These questions must be assessed separately.

 

5. Court Deposit vs. Settlement: What Is the Legal Difference?

 1. Settlement Requires Agreement Between the Parties 

A settlement generally requires the defendant and victim to agree on compensation terms, including the amount, payment schedule, and other relevant conditions.

The agreement may be documented through a settlement contract, mediation record, or court record.

Where compensation has actually been paid, the court can more readily assess the extent of restitution.

 

 2 A Court Deposit Is a Separate Legal Procedure 

A court deposit may be initiated by the person making payment, provided the statutory conditions are satisfied.

It does not necessarily require the victim to attend the deposit procedure.

However, the absence of the victim does not eliminate the legal requirements governing the deposit.

 

 3. A Court Deposit Does Not Automatically Mean Forgiveness 

Even if a victim is entitled to collect deposited funds, the victim may still disagree with the proposed compensation amount or oppose leniency in the criminal case.

Unless the parties reach an agreement or the victim independently expresses forgiveness, the defendant should not claim that the victim has accepted a settlement.

Likewise, an insufficient or legally ineffective deposit does not automatically extinguish the victim's remaining civil claims.

 

6. Does a Court Deposit Qualify for Sentence Reduction Under Article 47 of Taiwan's Fraud Crime Hazard Prevention Act?

Article 47 of Taiwan's Fraud Crime Hazard Prevention Act provides a statutory sentence reduction mechanism subject to specific requirements.

Under the provision described in the applicable legal framework, qualifying defendants must confess during investigation and the required trial proceedings and pay the full amount agreed upon through mediation or settlement with the victim within the prescribed six-month period calculated from the first qualifying confession during prosecutorial investigation.

The wording is important.

The provision concerns payment of the full amount agreed upon through mediation or settlement. It does not state that any unilateral court deposit automatically satisfies the requirement.

Before relying on Article 47, defense counsel should verify:

■ Whether the defendant made the required confessions.

■ When the first qualifying confession occurred.

■ Whether the statutory six-month period has been satisfied.

■ Whether a mediation or settlement agreement exists.

■ Whether the agreed amount has been paid in full.

■ Whether payment can be established through reliable documentation.

Where Article 47's requirements are not satisfied, a legally relevant court deposit may still be presented as evidence of post-offense conduct under Article 57 of the Criminal Code.

These are different legal arguments and should not be confused.

 

7. How Do Courts Evaluate Compensation Efforts When the Victim Refuses Payment?

Courts may consider several factors when evaluating whether compensation efforts are genuine.

 1. Was Money Actually Made Available? 

A written promise to compensate may carry less evidentiary weight than an actual payment, a legally valid deposit, or documented funds prepared for compensation.

Relevant evidence may include deposit certificates, payment records, and formal compensation proposals.

 

 2. Is the Proposed Amount Reasonable? 

The court may compare the amount offered with the victim's losses, the defendant's role, the actual benefit received, and the defendant's financial circumstances.

A small deposit should not be presented as full compensation when substantial losses remain unpaid.

 

 3. Were Settlement Attempts Genuine and Respectful? 

Defense counsel may submit mediation applications, formal correspondence, settlement proposals, and records showing that the victim declined to participate.

However, repeated calls, unwanted messages, or pressure through relatives may harm the defendant's position and cause additional distress to the victim.

Contact should remain lawful and respectful.

 

 4. Does the Defendant's Financial Conduct Support the Claimed Willingness to Compensate? 

Article 50 of the Fraud Crime Hazard Prevention Act addresses the relevance of certain excessive spending, investments, gifts, loans, and other financial conduct before the victim's losses have been fully compensated.

A defendant who claims an inability to pay while engaging in extravagant spending may face questions about the sincerity of the compensation effort.

The court evaluates these circumstances alongside the overall offense and sentencing evidence.

 

8. How Can a Defendant Arrange Compensation When the Victim Will Not Participate?

A structured compensation approach may include the following steps.

 Step 1: Confirm the Victim's Position 

Determine whether the victim cannot attend mediation for practical reasons or has expressly refused further contact.

Where appropriate, written communication, representation, or alternative scheduling may be considered.

 

 Step 2: Submit a Formal Compensation Proposal 

A proposal should identify the amount offered, payment method, proposed deadline, and supporting documents.

Communication may be made through counsel, the court, or an appropriate mediation body.

 

 Step 3: Preserve Evidence of Settlement Attempts 

Maintain mediation notices, unsuccessful mediation records, correspondence, and other documents showing the efforts made.

This can help explain why a settlement was not reached.

 

 Step 4: Evaluate Whether a Court Deposit Is Legally Available 

Before making a deposit, counsel should review the legal grounds, identity of the rightful recipient, amount owed, appropriate deposit office, and required documentation.

Special care is necessary where multiple victims or disputed compensation amounts are involved.

 

 Step 5: Submit the Relevant Evidence to the Criminal Court 

Where a lawful deposit has been made, the defense may submit the deposit documentation, compensation calculations, communication records, and any remaining payment plan.

The submission should accurately distinguish actual compensation from money merely offered or deposited.

 

 Step 6: Continue Genuine Compensation Efforts 

A deposit should not be treated as a temporary display of financial resources.

Withdrawing deposited funds or abandoning compensation efforts may undermine the purpose of presenting the deposit as evidence of remorse or restitution.

 

 What If the Defendant Cannot Pay the Full Amount? 

Where immediate full compensation is impossible, a realistic installment proposal may be considered.

The proposal should explain the initial payment, monthly installments, income sources, essential expenses, and expected completion date.

However, an installment proposal is not the same as an accepted settlement.It also does not automatically satisfy statutory provisions requiring full payment of an agreed settlement amount.

 

9. Can a Court Deposit Help a Defendant Obtain a Suspended Sentence?

Article 74 of Taiwan's Criminal Code permits a suspended sentence where the statutory conditions are satisfied.

These generally include a qualifying sentence of no more than two years' imprisonment, criminal detention, or a fine, together with the relevant criminal-record requirements and the court's assessment that suspension is appropriate.

A court may consider actual compensation, settlement efforts, and a legally valid deposit when assessing the defendant's conduct after the offense.

However, a court deposit does not automatically qualify the defendant for a suspended sentence.

Other factors may include the seriousness of the fraud, the number of victims, prior convictions, the risk of reoffending, and the extent of compensation.

A suspended sentence may also include conditions requiring payment of damages or other legally authorized obligations.

 

How Can a Criminal Defense Lawyer Help? 

Chien Sheng International Law Firm may assist defendants by reviewing the fraud allegations, identifying victims and losses, preparing compensation proposals, arranging appropriate mediation procedures, and evaluating whether a court deposit is legally available.

Where a deposit is appropriate, counsel may help organize the relevant documents and present them to the prosecutor or court as part of a broader sentencing argument.

Counsel may also evaluate whether the statutory requirements for Article 47 sentence reduction or Article 74 suspended sentencing are satisfied.

 

10. Frequently Asked Questions

 Q1: Can I deposit compensation money with a court if the fraud victim refuses mediation? 

Possibly. The deposit must satisfy the applicable legal requirements. Refusal to mediate does not automatically establish a valid ground for depositing payment.

 Q2: Does making a court deposit guarantee a suspended sentence? 

No. The court must consider the statutory eligibility requirements and the overall circumstances of the offense and sentencing.

 Q3: Is a court deposit legally equivalent to a settlement? 

No. Settlement generally requires agreement between the parties, while a court deposit is a separate legal procedure.

 Q4: Can the victim still claim damages after a court deposit? 

Potentially. The answer depends on the legal validity of the deposit, the amount involved, and the extent to which the underlying obligation has been satisfied.

 Q5: Does a court deposit automatically qualify for Article 47 sentence reduction? 

No. Article 47 has specific confession, timing, settlement, and payment requirements. A unilateral deposit should not automatically be treated as full payment under an agreed settlement.

 Q6: What if the victim refuses to accept any money? 

The defendant may still document lawful compensation efforts and ask counsel to assess whether a court deposit or another payment arrangement is appropriate.

 Q7: Can deposited money be withdrawn later? 

Withdrawal depends on the applicable Deposit Act provisions and the circumstances of the deposit. It should not be treated as an ordinary bank deposit that can always be withdrawn freely.

 Q8: Can one court deposit cover multiple fraud victims? 

This requires careful review of each victim's entitlement, the corresponding loss, and the applicable deposit requirements. Separate deposits or payment arrangements may be necessary.

 

Conclusion: A Victim's Refusal to Settle Does Not Eliminate Every Compensation Option

When a fraud victim refuses mediation or settlement, the defendant cannot force an agreement.

However, the defendant may still submit formal compensation proposals, preserve evidence of genuine settlement efforts, and consider a court deposit where the legal requirements are satisfied.

The purpose of a deposit should be to make compensation genuinely available under lawful conditions, not to the misleading impression that a settlement has already been completed.

Courts distinguish between willingness to compensate, legally valid payment, actual restitution, and an agreed settlement.

These distinctions are important when evaluating sentencing under Article 57, statutory reductions under Article 47 of the Fraud Crime Hazard Prevention Act, and suspended sentences under Article 74 of the Criminal Code.

Anyone considering a court deposit in a fraud case should obtain legal advice concerning the amount, deposit requirements, victim rights, and potential criminal and civil consequences.

 

※ This article is based on general legal information concerning Taiwanese law and is provided for educational purposes. The validity of a court deposit, its effect on civil obligations, and its relevance to criminal sentencing depend on the applicable law and the facts of each case. Depositing money does not guarantee settlement, full discharge of liability, sentence reduction, or a suspended sentence. This article does not replace individualized advice from a qualified Taiwan attorney.

 

 

 

 

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