Taichung Man Sentenced to 6 Months in Prison Without Probation for Evading Military Service by Staying Abroad

(CNA, Taichung, June 9, Reporter Su Mu-chun) A Taichung man surnamed Hsieh, who went abroad to study three years ago, was sentenced in the first instance to six months in prison without probation for staying overseas and failing to return as required to submit proof of schooling before leaving again. He ignored notifications from the district office and was indicted by prosecutors for violating the Obstruction of Military Service Act. The case is appealable.

According to the prosecutor's indictment, the 25-year-old man, Hsieh, applied to leave the country for overseas studies on November 28, 2023, and was approved by the National Immigration Agency on January 16, 2024.

Under the Military Service Act, Hsieh was required to return to Taiwan by December 31, 2024 (the year he turned 24) and could re-apply to leave the country after submitting proof of school enrollment. The North District Office of Taichung City notified Hsieh and his family by letter on January 15, 2025. However, Hsieh, who had left the country in September 2023, had no entry records as of August 22, 2025, and failed to return by the deadline despite being notified.

During the investigation, Hsieh's mother testified that he went abroad to study in 2023, but the school's academic year is divided into four terms (spring, summer, autumn, winter). If he missed one term, he could not complete the academic year's curriculum. Therefore, he planned to continue his studies abroad for another two years and return in 2026 to fulfill his military service.

After the investigation, prosecutors determined that Hsieh had subjective intent to commit the crime and indicted him for violating the Obstruction of Military Service Act.

During the trial at the Taichung District Court, Hsieh denied the charges. He argued that issues with his academic arrangements and transitions, financial pressure and living difficulties, a lack of understanding of the military service deadlines, and administrative and communication delays led to his failure to return on time, and that he did not actively evade military service.

The court considered that the defendant not only obstructed the state's effective management of military service affairs but also undermined the fairness of the conscription system, harming our country's potential national defense mobilization capabilities. On the 4th of this month, the court sentenced Hsieh to a 6-month prison term, convertible to a fine, for violating the Obstruction of Military Service Act. The entire case can be appealed.

Furthermore, the court stated that although Hsieh had no prior criminal record, to eradicate the erroneous belief among draftees that "as long as you leave the country, you can be exempted from the constitutional obligation of military service and escape criminal liability for obstructing military service by fulfilling certain probation conditions like paying a sum of money," it declared that probation would not be granted.