一般民眾不慎涉案時,常擔心是否會有「前科」或因而無法取得「良民證」?
實則,國人求職(例如:金融或保全業等)或移民時,常被要求提供「良民 證」,以為其可否錄用或核可之參酌。而該「良民證」係指內政部依《警察刑事紀錄證明核發條例》針對「司法或軍法機關判決確定、執行之刑事案件資料」之紀錄(詳參《警察刑事紀錄證明核發條例》第3條)。
應注意的是:「良民證」並非限於「無前科紀錄者」始得申請。舉凡國人甚或 曾在台設戶籍或曾居留、停留紀錄者均可申請「良民證」;而最近警政署亦已開放線上申請 https://eli.npa.gov.tw/E7WebO/index01.jsp
一般人之申請「良民證」多為取得載有「在台灣地區查「無」犯罪紀錄」之證。實際上,「良民證」亦應明確載明(詳參) 《警察刑事紀錄證明核發條例》 第6條)。至於下列犯罪應係顧及輕微犯罪,不應長久影響個人之社會生活,而 不予載入「良民證」:
1. 合於少年事件處理法之規定者;
2. 受緩刑之宣告,未經撤銷者;
3. 受拘役、罰金之宣告者;
4. 受免刑之判決者;
5. 經免除其刑之執行者;
6. 法律已廢除其刑罰者;
7. 經易科罰金或易服社會勞動執行完畢,五年內未再受有期徒刑以上刑之宣告者。
至於,「刑案紀錄」則與「良民證」不同。所謂「刑案紀錄」係指「刑案紀錄查註記錄表」。其記錄範圍包括:簽結、不起訴、緩起訴、起訴、科刑判決、兔 訴、不受理、無罪判決、刑之執行、觀護資料等。簡言之,舉凡涉及刑事案 件,縱然偵查結果不起訴,亦會載入。
由於該資訊與個人隱私嚴重相關,因此台灣高等法院訂有《台灣高等法院全國前案系統查詢作業規範》限定法官、檢察官及特定人,在辦理案件時才得以查 詢,且查詢紀錄均會留在電腦系統資料中;與一般民眾得自由申請「良民證」上有不同。
————————————
When ordinary citizens are accidentally involved in a case, they often worry about having a criminal record or whether it will affect their ability to obtain a Police Criminal Record Certificate.
In reality, when applying for jobs-such as in the financial or security industry-or for immigration, individuals are often required to provide a Police Criminal Record Certificate as a reference for their eligibility. This Police Criminal Record Certificate is issued by the Ministry of the Interior under the Act Governing Issuance of Police Criminal Record Certificates. It records criminal case information from judicial or military courts that have resulted in a final conviction and execution of a sentence (Article 3 of the Act Governing Issuance of Police Criminal Record Certificates).
It is important to note that a Police Criminal Record Certificate is not limited to those with a clear record. In fact, any Taiwanese citizen, as well as individuals who have previously had household registration, residency, or stay records in Taiwan, are eligible to apply for it. Additionally, the National Police Agency has recently made it possible to apply online for greater convenience:
https://eli.npa.gov.tw/E7WebO/index01.jsp
Most people apply for a Police Criminal Record Certificate to obtain official proof stating "No Criminal Record Found in Taiwan." However, the certificate must clearly specify the details in accordance with Article 6 of the Act Governing Issuance of Police Criminal Record Certificates. Certain minor offenses are considered to have minimal social impact and should not permanently affect a person's life. Therefore, they are not included in the Police Criminal Record Certificate:
1. Cases handled under the Juvenile Justice Act;
2. Sentenced with probation, as long as the probation has hot been revoked;
3. Sentences of detention or fines;
4. Cases where the individuals was exempted from punishment;
5. Cases where the sentence has been pardoned or execution waived;
6. Offenses where the law abolishes the penalty;
7. Those who have completed the payment of a fine or performed community service as a substitute punishment, and have not been sentenced to a prison term of imprisonment or more within five years thereafter.
On the other hand, a criminal record is different from a Police Criminal Record Certificate. A criminal record refers to the criminal case record annotation. Its scope includes: signing off, non-prosecution, prosecution deferred, indictment, sentencing decisions, dismissal, non-acceptance of the case, acquittal, execution of sentence, probation records, and more. In short, any involvement in a criminal case, even if the investigation results in no prosecution, will still be recorded in the criminal record.
Since the information is closely related to personal privacy, the Taipei High Court has established the "National Precedent Case System Inquiry Operating guidelines", which restricts access to judges prosecutors, and certain authorized individuals who may inquire about it while handling cases. Additionally, all inquiry records are stored in the computer system. This is different from the Police Criminal Record Certificate, which the general public can apply for.
April 13, 2025