I’m based in Taiwan on an ARC / JFRV with household registration.
In case I’m breaking the law and get a prison sentence for a a year or so (lets say commuted to a fine) would the still deport me?
Your wording here is confusing. Did you break the law already, or are you speculating what might happen if you break the law in the future? I would hope you’re not planning something illegal. If it’s something you already did, then it depends on the crime. If you’re talking a YEAR in prison, then it definitely sounds serious enough. Revocation of your visa status is a likely possibility… they probably wouldn’t frogmarch you to an airport, but you’d become de facto illegal through the cancellation of your ARC.
If you are on a JFRV ARC, then you’re a foreigner and you absolutely do not have household registration. You’re simply a footnote on someone else’s, most likely your Taiwanese spouse’s or spouse’s mother and father’s.
First of all, if you have been sentenced to more than 6 months, you cannot have your sentence commuted to a fine. Furthermore, it’s actually up to the prosecutor to decide to let you commute it to a fine, not the judge and certainly not you. At the time of self surrender you show up with the fine amount and if the prosecutor signs off on it, you pay the fine and you’re free to go.
But for a one year sentence this is not possible unless your sentence have been suspended (which is possible for any sentence of up to 2 years, but this is also up to the judge).
In practice you will almost always get to pay the fine and be free to go, but if say you’re a habitual offender and they feel you’ve never learned your lesson, they can just take you in right then and there. Usually this happens if you have sentenced 3 or more times in a 5 year period.
It looks like article 33 paragraph 3 (as well as article 32 paragraph 3) says that if you have been convicted of a crime and sentenced to more than a year, your ARC/APRC will be canceled.
If she does, she’s an idiot and deserves whatever happens to her. Everyone makes mistakes, but coming here and asking for legal advice about something you plan to do in the future that you know is wrong/illegal is just fucked. Hopefully her wording is just confusing…
my bad wording. I had a fight in a supermarket and the person I knocked down pressed charges. Now I’m waiting every day if the prosecutor wants to see me… but I’m also wondering what happens after this.
Contact the person privately and offer to settle. Or if supermarket CCTV backs you up, threaten to counter sue if the person also assaulted you. But if it’s clear you’re the primary antagonist, offer a generous settlement. That sucks, but it’s better than legal jeopardy.
As a general rule, fights in public aren’t worth it… legal issues, physical injuries, possible shaming on social media. Just be the bigger person and walk away even if the other person is a complete asshole.
For violence they might not be deported but good luck getting back in if you leave probably a few years ban and a lot depends on the prosecuter.Thats why I asked them was it a fight or assault. She/He didn’t answer.
Do you remember that American who fought with the police after a DUI stop evasion and 10km chase who the police office shot in the leg? He was allowed to stay.
Actually I don’t, but remember a Russian getting shot in the leg and the bullet passe through his leg and into another officer !
Did that American have dual ID? Strictly by the law a sentence of over two years is immediate deportation after sentence served. I think over one year is optional deportation depending on the prosecutor.