Somone has been spreading a nasty rumor about X person…for several years now. They have come back to X person ocassionally, rasing like nefarious stenches from the underbelly of a putrid sewer in the summer wind. This X person is now already pissed to the limit. Given that in Taiwan the Law is especially strict regarding damage to one’s honor and good name, and that both parties involved are long time foreign residents in Taiwan, how does one go into presenting a lawsuit of sufficient strenght as to shut the other party up for good? How does one determine the value of the damages?
You go to the police and say you want someone charged with publically insulting you. You need to know the name of the law in Chinese and the criminal code number. Best to add something like infringment of liberty if you can. This can be as stupid as the person blocking your way.
As for damages, in my experience the person suing me just made up a figure at the first court appearance for what he would accept to settle without going to trial. I don’t think there is any rule. Basically courts in Taiwan act to support the general bullying bullshit that goes on around us.
It’s all about settling before it goes to trial. You will first be asked to appear before a prosecutor where you make the case and announce how much you want to settle. The prosecutor will ask you to see a mediator, and again this is where the amount is worked out.
A publically written apology is also standard.
And the case would have more merit if the plaintiff can compile some evidence.
Remember also that as slander is a criminal offense the other foreigner faces a potential reentry ban in Taiwan should he lose in court. This is a huge incentive for him or her to settle out of court and to never do it again.
What if any of the above mentioned foreigners was also holding a Taiwanese ID? I mean a double national. Would that give this person the upper hand?
The key in the Civil Code is Art. 195 (injuries to “body, health, reputation, liberty, credit, privacy or chastity of another, or to another’s personality in a severe way”). In the Criminal Code, “Offenses Against Freedom” start at Art. 296, and “Offenses Against Reputation and Credit” start at 309.
For the amount that should be claimed, the extent and strength of evidence needed, and things in general, your friend should probably talk to a lawyer, but if he/she enjoys reading legalese, there’s always 裁判書查詢 at jirs.judicial.gov.tw for (non-binding) precedents and insight into the minds of Taiwan’s judges.
I suppose it’s difficult to get deported from your own country (or region). Is the person naturalized? Edit: stupid question, of course not. 
No. I went up against a local and won.
However, yes, it would mean in your case that he probably can’t face a re-entry ban.
However, does he want to risk a criminal record and being forced to write a public apology if he loses? I think that pisses people off more than anything. Having to write a sorry letter. I was prepared to tear up my aprc and never return to Taiwan again if that had been the result of my losing.
Anyway, as yyy says, it’s article 309 that you charge him under.
The simple fact is that the courts tend to be pretty easy on evidence in these cases. Can you get some witnesses?
It’s really all about showing confidence and making him feel scared enough to think that he could lose and the consequences would not be good. It’s not a nice feeling. Even in my case, when I knew I had not done anything I was accused of, and could prove all the physical harassment was physically impossible at the time (as I was very very ill) I still had a lot of anxious days.
People do not like to face criminal charges.
If the slanderous statement was said at a semi official gathering, meaning within earshot of at least 20 to 30 people -aside from the circle of people where such statement was made- would it carry more weight as in terms of business damages?
As a matter of fact, the statement was communicated to the offended party though person A, who was next to the person that said such slanderous statement on that ocassion, as well from as person B who heard it from C who was at that gathering, as well as person D who heard it from F who heard it from G from someone who was at the gathering… See my point?
I suppose it’s difficult to get deported from your own country (or region). Is the person naturalized? Edit: stupid question, of course not. [/quote]
Eh, apparently, slanderous person is rumored to be naturalized. Actually, that makes this person more vulnerable, right? 
As said, all parties involved are old hands in Taiwan.
I suppose it’s difficult to get deported from your own country (or region). Is the person naturalized? Edit: stupid question, of course not. [/quote]
Eh, apparently, slanderous person is rumored to be naturalized. Actually, that makes this person more vulnerable, right?
As said, all parties involved are old hands in Taiwan.[/quote]
A naturalized ROC national who didn’t need to renounce his/her original nationality?
Sometimes, depending of your country of origin, you renounce but the other side does not allow it, so, as long as ROC agrees, you get your cake and can eat it too. Double nationality is not only privilege of Overseas Compatriots. Of course, only ROC born can collect two, three, even 5 passports, no problem, as I have seen with my own two beautiful brown eyes.
Mucha mentioned a probationary period for new ROC nationals in another thread. I don’t know how long it lasts.
Mucha mentioned a probationary period for new ROC nationals in another thread. I don’t know how long it lasts.[/quote]
5 years.