Nowadays all the countries around the world are facing increasing threats of transnational crimes. The criminals using technology pose even tougher problems for the law enforcement. Encountering the globalization of crime, Taiwan has been working strenuously on offering and seeking efficient legal assistance with foreign countries or jurisdictions. Given the diplomatic solitude, we adopt a policy aiming to establish a feasible mechanisms for international and cross-strait judicial cooperation. So far, Taiwan has successfully exchanged mutual legal assistance with more than 40 countries and jurisdictions.
Even before Taiwan enacted the Mutual Legal Assistance in Criminal Matters Act in May 2018, countries and jurisdictions overseas could already obtain legal assistance in criminal matters from Taiwan based on the principle of reciprocity.
The current Mutual Legal Assistance in Criminal Matters Act on one hand offers broader scope of assistance available for foreign requesting parties, including service of document, evidence gathering, search and seizure, restraint or freezing of assets, transfer of persons in custody for testimonial purposes, enforcement of foreign forfeiture/confiscation order or judgement, and other requested proceedings on criminal matters. On the other hand, with the new Act in place, we can now provide more stable, clearer, and swifter legal assistance to our counterparts than before. In terms of efficiency, Taiwan has been able to provide assistance by responding to an incoming written MLA request at a proceeding time of 4.5 months on average, depending on the level of complexity.
We are now making much effort to enhance effectiveness of various legal assistances offered by Taiwan. We believe more innovative measures that promote efficiency can be explored and articulated in a bilateral agreement or instruments alike. Such instruments can even cover closer coordination models in fighting cross boarder crime, e.g. the creation and operation of joint investigation teams.
We have been considerably responsive to various incoming mutual legal assistance requests. And we are expecting more cooperations from all the countries and jurisdiction in the world. Any inquiries, consultations or suggestions will be highly welcome. (contact email: email@example.com)
- Last updated：2020/12/18
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