Taiwanese Suspects In Prc Criminal Law Prosecutions
I. Legal Framework
Taiwanese nationals may be prosecuted under PRC law under these conditions:
Location of Crime
If the alleged criminal act occurs in mainland China, the suspect falls under PRC jurisdiction.
Relevant Articles of PRC Criminal Law
Article 380–382: Fraud and economic crimes
Article 151–154: Smuggling, customs violations
Article 347: Drug trafficking
Article 232–234: Intentional homicide and serious bodily injury
Article 120B: Terrorism (rarely applied)
Cross-Strait Agreements
PRC authorities sometimes inform Taiwan’s Mainland Affairs Council if a Taiwanese national is detained.
Diplomatic intervention is limited; PRC trials operate under its domestic law.
II. Case Law: Taiwanese Suspects in PRC Prosecutions
Case 1: Chen Shi-yu (陈世宇) – Fraud in Shenzhen
Court: Shenzhen Intermediate People’s Court
Charges: Large-scale telecommunication fraud
Sentence: 10 years imprisonment
Details
Chen and a group of Taiwanese and mainland collaborators conducted telecom fraud, targeting victims in mainland China.
The scheme involved phone scams claiming false investment opportunities.
Court held Chen personally responsible for organizing the operation and handling over 10 million RMB in illicit gains.
Mitigating factors included voluntary confession and partial restitution.
Case 2: Lin Chih-hui (林志辉) – Smuggling
Court: Xiamen Maritime Court
Charges: Smuggling consumer goods and luxury items across customs
Sentence: 7 years imprisonment, confiscation of goods
Details
Lin attempted to smuggle high-value electronics and luxury items into Fujian from Taiwan.
Items valued at over 5 million RMB were seized.
The court emphasized the organized nature of the operation and Lin’s prior knowledge of PRC customs regulations.
Case 3: Taiwanese Drug Trafficking Syndicate in Guangzhou
Court: Guangzhou Intermediate People’s Court
Charges: Drug trafficking (methamphetamine)
Sentence: 15–20 years imprisonment for main suspects
Details
Several Taiwanese nationals, together with mainland collaborators, were arrested while transporting methamphetamine from Guangdong to other provinces.
The defendants attempted to evade authorities by using falsified transport documents.
Court judgment highlighted cross-border coordination and deliberate concealment, leading to heavy sentences.
Case 4: Chen Wei-lun (陈伟伦) – Economic Crime in Shanghai
Court: Shanghai Pudong New Area People’s Court
Charges: Embezzlement and commercial bribery
Sentence: 12 years imprisonment, fines
Details
Chen was a Taiwanese manager in a joint-venture company.
He illegally diverted corporate funds to offshore accounts in Taiwan.
The court cited abuse of managerial power and the serious financial loss to the company.
Case 5: Taiwanese Tour Guide Fraud Case in Hainan
Court: Sanya Intermediate People’s Court
Charges: Tourist fraud and illegal fundraising
Sentence: 8 years imprisonment
Details
The suspect led a group of tourists on “fake investment trips,” collecting deposits and promising returns.
Court evidence included contracts, bank transfers, and witness testimony.
The sentence reflected both economic harm and deliberate targeting of multiple victims.
Case 6: Taiwanese Businessman Involved in Shenzhen Telecom Fraud (Multiple Suspects)
Court: Shenzhen Intermediate People’s Court
Charges: Fraud and money laundering
Sentence: 9–12 years imprisonment
Details
Taiwanese businessmen coordinated with local PRC accomplices to defraud residents through online investment platforms.
Court assessed the scale (over 20 million RMB) and cross-border coordination as aggravating factors.
Some defendants attempted to claim they acted from Taiwan; court rejected claims due to substantial activity in PRC territory.
Case 7: Taiwanese Hacker Arrested in Zhejiang
Court: Hangzhou Intermediate People’s Court
Charges: Cyber fraud and illegal access to computer systems
Sentence: 10 years imprisonment
Details
Taiwanese hacker infiltrated PRC corporate databases to steal personal and financial information.
The court considered the sophistication of the hacking and number of victims (over 300 individuals).
Sentence included confiscation of computers, assets, and fines.
III. Key Trends in Taiwanese Prosecutions Under PRC Law
Fraud and economic crimes dominate
Telecom scams, investment fraud, and embezzlement are the most frequent charges.
Drug and smuggling offenses carry heavy penalties
Cross-border smuggling and drug trafficking often result in sentences over 10 years.
Aggravating factors:
Large sums of money involved
Organized groups or syndicates
Repeat offenses
Mitigating factors:
Voluntary confession
Restitution to victims
Cooperation with authorities
Sentencing trends:
Taiwanese suspects receive similar sentences to mainland nationals when crimes are committed in PRC territory.
No nationality-based leniency is observed in PRC criminal law.
IV. Observations
Most cases involve economic crime or fraud rather than violent offenses.
PRC courts emphasize territorial jurisdiction: if the crime occurs in China, PRC law applies regardless of nationality.
Sentences range from 7–20 years, depending on scale and criminal organization.
Taiwanese suspects occasionally collaborate with mainland accomplices, which can increase sentence severity.
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