Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A public official who conducts proceedings in a criminal case shall give equal attention to circumstances both favorable and unfavorable to an accused.
An accused may request the public official specified in the preceding paragraph to take necessary measures favorable to the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The term "party" as used in this Code refers to a public prosecutor, a private prosecutor, or an accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The term "confiscation", as used in this Code, includes its alternative measures.

The district court has the jurisdiction over the first instance of a criminal case, provided that the high court has the jurisdiction over the first instance of the following cases:
(1) An offense against the internal security of the State;
(2) An offense against the external security of the State;
(3) An offense of interference with relations with other States.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court of the place where an offense is committed or where an accused is domiciled, resides, or is located shall have jurisdiction over the case.
If an offense is committed on a vessel or an aircraft of the Republic of China outside the territory of the Republic of China, the court of the place where the vessel is registered or from which the aircraft departed or landed after the commission of the offense shall also have jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If related cases are subject to the jurisdiction of several courts of the same level, one of such courts may combine them and take jurisdiction over the cases.
The cases specified in the preceding paragraph which are pending in several courts may, by mutual consent of such courts, be transferred by a ruling to one of such courts to be tried together; if there are disagreements, a ruling by the court immediate superior to all such courts shall determine jurisdiction.
Related cases that are subject to the jurisdiction of several courts of different levels may be combined and jurisdiction taken by the highest of such courts; related cases pending in lower courts may, by a ruling of the higher court, be transferred to it to be tried together, provided that the cases specified in Item 3 of Article 7 are not subject to the provisions of this paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If one of the following circumstances exists, the cases are considered to be related:
(1) One person commits several offenses;
(2) Several persons jointly commit one or several offenses;
(3) Several persons separately commit offenses at the same time and place;
(4) The commission of concealment of offenders, destruction of evidence, perjury, or receipt of stolen property is related to the instant offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the same case is pending in several courts which have jurisdiction, the court in which the case was first pending shall try it, provided that by a ruling of a court immediately superior to all such courts the case may be tried by a court in which it was pending later in time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The immediately superior court shall, by a ruling, determine the court to take jurisdiction in one of the following circumstances:
(1) Several courts dispute jurisdiction;
(2) A court which has jurisdiction is, determined by a final judgment, lack of jurisdiction, and there is no other court which can exercise jurisdiction over the case;
(3) Uncertain judicial district boundaries make it impossible to determine which court has jurisdiction.
If jurisdiction cannot be determined by applying the provisions of the preceding paragraph or Article 5, the Supreme Court shall, by a ruling, determine the court to take jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In one of the following circumstances, the immediate superior court shall, by a ruling, order the transfer of a case to another court within its judicial district and of the same level as the original court:
(1) The court which has jurisdiction is unable to exercise its judicial power because of law or fact;
(2) Due to special circumstances, it is considered that a trial by a court that has jurisdiction will probably lead to the disturbance of public peace or unfairness.
Where the immediate superior court is unable to exercise its judicial power, the aforesaid ruling shall be made by the immediate higher court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A motion by a party to determine or transfer jurisdiction shall be in writing, set forth the reasons therefore, and be filed with a proper court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Proceedings shall not be void because of a court's lack of jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court may exercise its functions outside its judicial district if it is necessary to discover facts or in time of emergency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court shall, in time of emergency, take necessary measures within its judicial district notwithstanding that it has no jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The cases specified in Article 6 may be jointly investigated or prosecuted by one public prosecutor; in case where one of the public prosecutors who was originally allocated the case concerned disagrees with the decision, the disagreement shall be settled by an order made by the chief prosecutor of their mutually immediately superior Public Prosecutors Office, or by the Prosecutor General.

The provisions of Article 13 and 14 shall apply mutatis mutandis to a public prosecutor in an investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Where there is one of the following circumstances in the case before him/her, a judge shall disqualify himself/herself from the case concerned on his/her own motion and may not exercise his/her functions:
(1) where the judge is the victim of the offenses charged in the case concerned;
(2) where the judge is or was the spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of relationship, family head, or family member of the accused or of the victim;
(3) where the judge has been engaged to the accused or the victim;
(4) where the judge is or was the statutory agent of the accused or the victim;
(5) where the judge had acted as the agent, defense attorney, or assistant of the accused or as the agent or assistant of the private prosecutor or of a party in the supplementary civil action;
(6) where the judge had acted as a complainant, informer, witness or expert witness;
(7) where the judge had exercised the functions of the public prosecutor or judicial police officer;
(8) where the judge had participated in the decision at a previous trial.

A party may make a motion to disqualify a judge in one of the following circumstances:
(1) where circumstances specified in the preceding article exist and the judge has not disqualified himself/herself from the case concerned on his/her own motion;
(2) where circumstances other than those specified in the preceding article exist which would justify a view that the judge may be prejudiced in the exercise of his functions.

A party may, at any stage of the proceedings, motion to disqualify a judge in the circumstances specified in Subparagraph 1 of the preceding article.
A party who has already made a pleading or a statement on the substance of the case may not subsequently make a motion to disqualify a judge in accordance with Subparagraph 2 of the preceding article, unless the circumstances specified in the said Subparagraph occur or are discovered subsequent to the pleading or statement on the substance of the case.

A motion to disqualify a judge shall set forth the reasons of disqualification in writing, and be filed with the court to which the judge belongs, except when such a motion is made on the trial dates or during examination, where it may be made verbally.
Reasons for the motion to disqualify a judge and facts required of by the proviso of the second paragraph of the preceding article shall be set forth and explained.
A judge against whom a motion of disqualification is made may file a written opinion.

A motion to disqualify a judge shall be determined by a ruling rendered by a panel of judges of the court to which the judge so motioned belongs; when a quorum of the panel is not present, such a ruling shall be made by the president of the court; where it is impossible for the president to render such a ruling, it shall be made by the court which is immediately superior to the court to which the judge so motioned belongs.
A judge against whom a motion of disqualification is made shall not participate in the ruling specified in the preceding paragraph.
If a judge against whom a motion of disqualification is made considers that such a motion is well-grounded, he/she shall thereupon disqualify himself/herself without a ruling being made.

Where a motion is made for the disqualification of a judge, the proceedings shall be suspended except for making an emergency decision or in the case where the motion is based upon Subparagraph 2 of Article 18.

An interlocutory appeal may be made against a ruling that dismissed a motion to disqualify a judge.

A court that has jurisdiction to hear a motion to disqualify a judge or the president of the said court shall sua sponte make a ruling requiring the motioned disqualification if the said court or its president considers that reasons exist which require the judge to disqualify himself/herself on his/her own motion.
A ruling made in accordance with the preceding paragraph does not need to be served.

Provisions in this chapter relating to the disqualification of a judge shall apply mutatis mutandis to a court clerk or interpreter, provided that the previous service as a clerk or interpreter in a lower court is not a reason for disqualification.
The disqualification of a court clerk or interpreter shall be determined by a ruling rendered by the president of the court to which the clerk or interpreter is attached.

The provisions of Articles 17 through 20 and Article 24 concerning the disqualification of a judge shall apply mutatis mutandis to a public prosecutor, a public prosecutor investigator, or a clerk who deals with public prosecuting affairs, provided that previous service as a public prosecutor, a public prosecutor investigator, a clerk, or an interpreter in a lower court is not a reason for disqualification.
A motion to disqualify a public prosecutor, a public prosecutor investigator, or a clerk specified in the preceding paragraph shall be made to the chief prosecutor concerned or the Prosecutor General for appraisal and decision.
A motion to disqualify a chief prosecutor shall be made to the chief prosecutor of the immediately superior Public Prosecutors Office or to the Prosecutor General for appraisal and decision; the same rule shall apply if there is only one prosecutor.

The accused may at any time retain defense attorneys. The same rule applies to a suspect under investigation by judicial police officers or judicial policemen.
A statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, or family member may independently retain a defense attorney for the accused or suspect.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, a person from the group as described in the preceding paragraph, shall be notified to retain a defense attorney for the accused or suspect. However, this rule does not apply where a person from the said group cannot be reached.

An accused may not retain more than three defense attorneys.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A defense attorney shall be a lawyer, provided that if permission is obtained from the presiding judge at trial, a person who is not a lawyer may be retained as a defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The retention of a defense attorney shall be in the form of a power of attorney.
The power of attorney for the retention of a defense attorney specified in the preceding section shall be submitted to the public prosecutor or judicial police officer before initiation of prosecution or to the courts of different levels thereafter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the accused has not retained a defense attorney in any one of the following circumstances, the presiding judge shall appoint a public defender or attorney for the defendant:
1. Where the minimum punishment is no less than three-year imprisonment.
2. Where a high court has jurisdiction over the first instance.
3. Where the accused is unable to make a complete statement due to mental disorder or other mental deficiencies.
4. Where the accused is an aborigine, and is being prosecuted or is put on trial following normal proceedings.
5. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney.
6. Where the presiding judge deems it necessary for the case.
If the retained attorney, in the said case as described in the preceding paragraph, without just cause, does not appear in court during the trial dates, the presiding judge may appoint a public defender or attorney.
A single public defender may be appointed to represent more than one accused. However, this rule does not apply where there is conflict of interests between the accused.
Where after a public defender is appointed, the accused who retains a defense attorney may revoke the appointment.
If the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies, or who is an aborigine, has not retained a defense attorney during an investigation, the prosecutor, judicial police officer, or judicial police should notify a legally established legal aid agency to assign an attorney for the accused's or suspect's defense. However, if the accused or suspect requests an immediate interrogation or questioning, or if the defense attorney is not present after more than a four-hour wait, the interrogation or questioning may be commenced.

If the defendant has not retained a defense attorney during the detention hearing of an investigation, the presiding judge shall appoint a public defender or attorney for the accused. However, this rule does not apply where the wait for the appointed defense attorney's appearance exceeds four hours, and the accused requests the commencement of the interrogation.
If the retained defense attorney, as described in the preceding paragraph, does not appear in court without just cause, the presiding judge may appoint a public defender or attorney.
The provisions of Paragraphs 3 and 4 of the preceding Article apply mutatis mutandis to the conditions as described in Paragraph 1.

If an accused has several defense attorneys, documents shall be served upon them separately.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A defense attorney may examine the case file and seizure of material or documentary exhibits, and make copies, reproduce or take photographs thereof during the trial.
The defendant may prepay the costs and request for handing over the copies of the case file and seizure of material or documentary exhibits during the trial. However, if the content of the case file and seizure of material or documentary exhibits is not related to the fact charged of the defendant, or is sufficient to hinder the investigation of another case, or involves the privacy or business secret of the party or a third party, the court may restrict it.
The defendant may, with the approval of the court during the trial, review the case file and seizure of material or documentary exhibitsunder the precondition that the security of the case file and seizure of material or documentary exhibitsis safeguarded. However, the court may restrict it if the circumstances under the proviso of the preceding paragraph exist, or it is not the necessity of the effective exercise of the right of defense for the defendant.
Appeals against the restrictions imposed pursuant to the provisos of the preceding two paragraphs may be filed.
The person holding the contents of the case file and seizure of material or documentary exhibits pursuant to Paragraph 1 and Paragraph 2 must not use such contents for an improper purpose.

Unless stipulated otherwise, the defense attorney may inspect the case file and evidence, as well as copy, or film, during a detention hearing proceedings of an investigation.
The evidence or information as described in the preceding paragraph, that the defense attorney possesses or is aware of, shall not be made public, revealed or used for illegitimate purposes.
For an accused without the representation of an attorney during the detention hearing proceedings of an investigation, the court shall present the accused with the contents of the case file and evidence by using appropriate methods.

The defense attorney may interview, and have correspondence with, the accused in detention. Such rights may not be restricted, unless there is sufficient evidence to prove that the attorney may destroy, fabricate, or alter evidence, or may collude with accomplices or witnesses.
The interview and correspondence between a defense attorney and the accused, or suspect, who is arrested with or without a warrant during an investigation, shall not be restricted. However, the duration of the interview shall not exceed one hour, and the number of interviews is limited to one time only. The elapsed time of the interview shall be deemed as one of the conditions, which is to be excluded from the 24-hour calculation as provided for in Article 93-1.
When it is in an urgent situation and the prosecutor has valid reasons, the interview as described in the preceding paragraph may be postponed, and the prosecutor may designate the time and place for an immediate interview. Such a designation shall not jeopardize the legitimate defense of the accused, or suspect, and the defense attorney's rights as described in the provisions of the first half of paragraph 2 of Article 245.

To restrict the interview or correspondence between the defense attorney and the accused in detention, a restriction order shall be issued.
A restriction order shall be furnished with following information:
1. The accused's name, gender, age, domicile or residence, and the defense attorney's name;
2. Case summary.
3. Specific reasons for the restriction, and the facts on which they are based.
4. Specific methods for the restriction.
5. Remedial actions may be taken if there is an objection to the restriction order.
The provisions of Article 71 paragraph 3 shall apply mutatis mutandis to the restriction order.
The restriction order, after it is signed by the judge, is sent to the prosecutor, the detention center, the defense attorney, and the accused.
Where it is deemed by the prosecutor as necessary to impose restrictions during the investigation, a written request, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with relevant documents, shall be submitted to the concerned court for such a restriction. However, in the case of an urgent situation, a restriction may be imposed first, and application for a restriction order shall be submitted to the concerned court within 24 hours. The concerned court shall respond with a decision within 48 hours of accepting the application. If the prosecutor does not submit the request within 24 hours, or if the request is rejected, the restriction shall be terminated.
If the request, as described in the preceding paragraph, is rejected, the decision shall not be challenged.

After the prosecution has been commenced, a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, or statutory agent of the accused or private prosecutor may apply to the court in a written, or in an oral statement, on the trial date, for permission to act as the assistant of the accused, or private prosecutor.
An assistant may act upon the suit as described in this Act, and may make statements in the court. However, such statements may not be contrary to the clearly expressed opinion of the accused or private prosecutor.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, he/she shall be accompanied by an assistant, as described in the first paragraph of this article, or by an authorized agent, or a social worker, appointed by a governmental agency or a relevant social welfare organization, or accompanied by other professionals. However, this rule does not apply, where the said accompanying assistant, after a legal notification is served, fails to appear in court without just cause.

In cases where maximum punishment is detention or a fine only, an accused may, at trial or in the investigation, authorize an agent to appear before the court or public prosecutor, provided that if the court or public prosecutor considers it necessary, the accused may be ordered to appear in person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A private prosecutor shall authorize an agent to appear before the court by a power of attorney, provided that if the court considers it necessary, the private prosecutor may be ordered to appear in person.
The agent referred to in the preceding section shall be a lawyer.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 28, 30, 32 and Paragraph 1 of Article 33 shall apply mutatis mutandis to an agent of an accused, or a private prosecutor, and the provision of Article 29 shall also apply to an agent of an accused mutatis mutandis.

The regulations regarding the examination of the case files and exhibits, and transcribing, reproducing or taking photographs of them during the trial stage shall be made by the Judicial Yuan in consultation with the Executive Yuan.

A document prepared by a public official shall bear the date and name of the public office concerned and the signature of the official preparing it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A document prepared by a public official may not be changed by erasing, cutting out, or pasting over; if a character is added, crossed out, or appended, a seal must be affixed and the number of characters recorded; a trace must remain of a character crossed out so that it is recognizable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When examining an accused, a private prosecutor, a witness, an expert witness, or an interpreter, records of the following matters shall be made at the time and place of the examination:
(1) The questions asked of the person examined and his/her statements;
(2) The reason, if a witness, an expert witness, or an interpreter did not sign an affidavit affirming to tell the truth;
(3) The date and place of the examination.
The records made in accordance with the preceding paragraph shall be read aloud to the person examined or he/she shall be permitted to read the records before inquiring of the person examined whether any mistakes exist in the said records. Where the person examined is the accused, the defense attorneys present may assist the accused in reading the records and may express his/her opinions on whether any mistakes exist in the said records.
Where the person examined or the defense attorneys that are present request an addition to, a redaction from, or any change to the records, a statement describing such a request shall be added to the records. The addition of the statement of the defense attorneys present to the records may only be made after the contents of the addition is explained to the accused.
The person examined shall be asked to affix his/her signature, seal, or fingerprint on the records immediately following the last line therein. Where the person examined refuses to affix his/her signature, seal, or fingerprint, the surrounding circumstances of such an occurrence shall be added to the records.

Records shall be made of a search, seizure, or inspection recording date, time, place, and other necessary facts.
Things seized shall be enumerated in detail in the records, or a separate inventory shall be appended.
A drawing or photograph may be made in an inspection and appended to the records.
Persons ordered by this Code to be present shall be ordered to affix his signature, seal, or fingerprint on records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The records referred to in the preceding two articles shall be prepared by a clerk who is present; the public official who asks questions or conducts the search, seizure, or inspection shall affix his signature on the records; in the absence of a clerk, the public official who asks questions or conducts the search, seizure, or inspection may either personally prepare the records, or appoint another on duty public official who is present to do it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Article 41 and Article 42 shall apply mutatis mutandis to a public prosecuting affairs official, a judicial police officer, and a judicial policeman in conducting interrogation, search and seizure.
The interrogation records of a suspect as referred to in the preceding section shall be prepared by a person other than the one conducting the interrogation; provided that if the said can not be followed due to emergency or practical difficulty and if the proceeding has been audio or video recorded, it shall not be subject to the provision of the preceding paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

On the trial date, trial records shall be prepared by a clerk, which shall include the following items and the entire proceedings:
(1) The court and the date of trial;
(2) The title and full name of the judge, public prosecutor and clerk and the full name of the private prosecutor, accused, agent, defense attorney, assistant, and interpreter;
(3) The reason for the nonappearance of the accused;
(4) The reason for in camera proceedings;
(5) The principal points of the opening statements made by the public prosecutor or private prosecutor;
(6) The principal points of the arguments;
(7) The matter specified in Items 1 and 2 of Section I of Article 41. However, the presiding judge may, after consulting the persons concerned, order the inclusion of the principal point only if the judge deems proper;
(8) The document read or explained in principle points to the accused in open court;
(9) The exhibit shown to the accused in open court;
(10) The seizure or inspection made in open court;
(11) The items recorded by the presiding judge's order and upon motion of the parties concerned with the approval of the presiding judge;
(12) The opportunity of making the final statement of the accused;
(13) The decision pronounced.
A person examined may request that parts of the record specified in the preceding section related to his statement be read aloud or that he be permitted to read it; if he requests an addition, crossing out, or alteration, his statements shall be recorded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The entire proceeding on the trial date shall be recorded in audio, and if necessary, in video.
If parties, agent, defense attorney, or assistant has suspicion about mistakes or missing in trial records, he may make a motion prior to the next court session, or within seven days thereafter in the case the court argument has been completed, to request the playing of the audio or video records for the purpose of comparing and correcting the contents thereof. With the court's approval, the persons named in the preceding sentence may within the time period specified by the court, reduce the contents of the examination of the accused, private prosecutor, witness, expert witness, or interpreter and their statements to writing, based on the contents of the audio or video records recorded at the trial date, and present them to the court.
The contents of the documents specified in the last sentence of the preceding section, after affirmed by the clerk and deemed to be proper, may be made an appendix to the trial records. In such a case, the provision of Article 48 shall apply mutatis mutandis to it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Trial records shall be put in proper order within three days after each session.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Trial records shall be signed by the presiding judge. Where the presiding judge is unavailable, the records shall be signed by the senior associate judge. Where the single judge that heard a case is unavailable, the records shall be solely signed by the clerk. Where the clerk is unavailable, the records shall be solely signed by the presiding judge or other judges. Reasons for the unavailability shall be noted in the records respectively.

Trial records shall be the exclusive proof of the proceedings of the trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If trial records incorporate a document as a part thereof or refer to it as appended thereto, matters recorded in such document have the same validity as the trial records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

With the permission of the presiding judge, a defense attorney may bring a stenographer to the court on the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court decision shall be made in writing by a judge in a judgment or a ruling. But a ruling which an interlocutory appeal may not be taken against and is pronounced in the court may be ordered to be only recorded in the records.

A written decision, unless otherwise specifically provided, shall give the full name, sex, date of birth, identification number, and domicile or residence of persons to whom the decision is addressed. Where the written decision is in the form of a judgment, the name of the public prosecutor or private prosecutor, agent, and defense attorney shall also be recorded.
The original copy of a written decision shall be signed by all the judges who participated in making the decision. Where the presiding judge is unavailable to sign the decision, the senior associate judge shall make a note of the reason for the unavailability. Where a judge is unavailable to sign the decision, the presiding judge shall make a note of the reason for the unavailability.

A true copy of a written decision or the records containing such decision shall be made from the original by the clerk with the seal of the court and the following words thereon: "It is certified that this is an exact copy of the original."
The provisions of the preceding section shall apply mutatis mutandis to an indictment or a written ruling not to prosecute by a public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A written document made by a person, other than a public official, shall be dated and signed; where it is not made by such person himself, he shall affix his signature thereon; where he cannot sign his name, he shall have someone else print his name for him and then affix his seal or fingerprint on the document, provided that the person printing his name for him shall indicate the reason thereof and sign his own name.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Case documents which the court should preserve shall be filed by the clerk.
Disposition of case involving loss of court files shall be separately prescribed by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused, private prosecutor, complainant, party to a supplementary civil action, agent, defense attorney, assistant, or victim of the case, shall, for the purpose of service, give his domicile, residence or office address to the court or public prosecutor; in case the victim died, the same shall be done by his spouse, children, or parents; if he has no domicile, residence or office address within the judicial district of the court, a person having a residence or office within such district shall be delegated to receive service for him.
The addresses specified in the preceding section shall be valid for courts of all levels in the same district.
Service on the person delegated shall be considered to be service on the principal.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of the preceding article shall not apply to a person in prison or detention house.
If a person to be served is in a prison or detention house, the service shall be entrusted to the officer in charge of such prison or detention house.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an address has not been given by the person to be served with the process as provided in Article 55, the process may nevertheless be served at the domicile, residence, or office address of such a person if it is known to the clerk of court.

The service of documents to a public prosecutor shall be made to the public prosecutor in charge of the case concerned. Where the public prosecutor in charge is not present in the office, the service shall be made to the chief prosecutor concerned or to the Prosecutor General.

Service may be made on an accused, private prosecutor, complainant, or party to a supplementary civil action by publication under one of the following circumstances:
(1) The domicile, residence, office, and location are unknown;
(2) Service is made by registered mail, but such mail cannot be delivered;
(3) Residence is in a place outside the jurisdiction, and no other method of service can be found.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Service by publication shall be executed by a clerk, with the relevant permission of a court, the Prosecutor General, a chief prosecutor, or a public prosecutor, in addition to posting the document to be served or its abbreviated copy on the bulletin board of the court, by publishing the said document in a newspaper or by giving notification or publishing it by other appropriate methods.
The service by publication specified in the preceding paragraph shall be effective thirty days after the last publication in a newspaper, notification or publication of the document concerned.

Aninstrument shall be served by a judicial policeman, or through the post office.
If the aforesaid instrument is a judgment, ruling, decision not to prosecute, or decision to defer the prosecution, the process server thereof shall prepare a certificate of acceptance recording the items listed in the certificate of service and sign his/her name thereon before giving it to the receiver.
If a subpoena before an arrest with a warrant is served by the postal office, the postal carrier shall be the process server, and the subpoena shall be mailed by registered post; the implementation method shall be determined by the Judicial Yuan together with the Executive Yuan.

Unless otherwise provided by special provisions in this Chapter, the provisions of the Code of Civil Procedure shall apply mutatis mutandis to the service of a document.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Where a date of proceeding has been designated by a presiding judge, commissioned judge, requisitioned judge, or public prosecutor for the commencement of legal proceedings, the persons concerned shall be summoned or notified to appear, except that a person concerned was present at the occasion where the designation of the said proceeding date was made or it is otherwise provided by a special provision in this Code.

A fixed date shall not be changed or postponed unless there is an important reason or otherwise provided by special provisions.
If a hearing date is changed or postponed, the persons concerned shall be informed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The calculation of periods shall be according to the provisions of the Civil Code.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Time occupied in travel shall not be counted against a person who is required to perform procedural acts within a period prescribed by law whose domicile, residence or office is not within the judicial district of the court.
The time not counted as specified in the preceding section shall be determined by the highest judicial administrative agency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A person who without negligence fails to file within the prescribed time an appeal, an interlocutory appeal, a petition for retrial, or to file for revoking or changing a ruling made by a presiding judge, commissioned judge, requisitioned judge or an order made by a public prosecutor, may motion for restoration to the original condition within five days after the reason for the failure ceases to exist.
In a case in which representation by an agent is permitted, the negligence on part of the agent shall be considered to be negligence on part of the principal.

A person who motions for restoration to the original condition on ground of failure within the prescribed time to file an appeal, an interlocutory appeal, or a petition for retrial shall submit the petition in writing to the original court. A person who fails within the prescribed time to file a petition for revoking or changing a ruling made by a presiding judge, commissioned judge, or requisitioned judge, or of an order made by a public prosecutor shall make such a petition to a court having jurisdiction.
The reason for failure without negligence to comply with the time limit and the date the reason ceases to exist shall be stated in the written motion.
Where a motion for restoration to the original condition is made, all necessary procedural acts which should have been performed during the lapse shall be made up at the time of the petition.

The court to which a motion is made shall make a joint decision both on the motion for restoration of original condition and the supplementary procedural acts. If the original court considers that the motion should be approved, the appeal or interlocutory appeal shall be forwarded by the original court with a written opinion to the higher court for a joint decision.
The court to which a motion is made may suspend the execution of the original decision before passing upon such motion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a motion for review of a decision not to prosecute is not filed within the prescribed period of time, the original public prosecutor may grant restoration of original condition in accordance with the provisions of the preceding three articles, mutatis mutandis.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

To summon an accused, a summons shall be issued.
A summons shall state the following matters:
(1) Full name, sex, date of birth, identification number, and domicile or residence of the accused;
(2) Offense charged;
(3) Date, time, and place for appearance;
(4) That a warrant of arrest may be ordered if the accused fails to appear without justifiable causes.
Where the name of an accused is unknown or there are other circumstances which make it necessary, a summons shall state the marks or characteristics that are sufficient to identify the accused. Where the date of birth, identification number, or domicile or residence of the accused is unknown, those unknown information does not need to be stated in the summons.
A summons shall be signed by a public prosecutor during the investigation stage or by a presiding or commissioned judge during the trial stage.

A judicial police officer or judicial policeman, for the necessity of investigating a suspect's involvement in a crime and collecting relevant evidence, may call by a notice the suspect to appear for interrogation. If the suspect, without good reason, fails to appear after a notice has been legally served, the public prosecutor may be sought to issue an arrest warrant.
The notice specified in the preceding section shall be signed by the head of the judicial police office. Item 1 through Item 3 of section II of the preceding Article shall apply mutatis mutandis to the matters to be stipulated in the notice.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The fact that an accused has appeared and is personally informed of the date, time, and place for his next appearance and that an arrest warrant may be ordered if he fails to appear, all of which is made a matter of record, shall have the same effect as the service of a summons. The same rule shall apply if an accused states in writing that he will appear at the appointed time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused who is to be summoned is in a prison or detention house, the officer in charge of such prison or detention house shall be notified thereof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused who appears when summoned shall be examined at the scheduled time unless there are circumstances which make such examination impossible.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused, who without good reason fails to appear after he has been legally summoned, may be arrested with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Where an accused is strongly suspected of having committed an offense, and where there exists one of the following circumstances, the accused may be arrested with a warrant without first being served with a summons, if necessary:
(1) The accused has no fixed domicile or residence;
(2) The accused has absconded or there are facts sufficient to justify the view that the accused may abscond;
(3) There are facts sufficient to justify a view that the accused may destroy, forge, or alter evidence, or conspire with a co-offender or witness;
(4) The accused has committed an offense punishable with death penalty or life imprisonment, or with a minimum punishment of imprisonment for not less than five years.

An arrest warrant is required to execute the arrest of an accused.
An arrest warrant shall contain the following matters:
(1) Full name, sex, age, native place, and domicile or residence of the accused. If the age, native place, domicile or residence is unknown, it does not need to be included;
(2) Offense charged;
(3) Reason for the arrest;
(4) Place to which the accused is to be taken.
The provisions of sections III and IV of Article 71 shall apply mutatis mutandis to an arrest warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An arrest warrant shall be executed by a judicial policeman or judicial police officer, and the period for making such an arrest may be prescribed.
Several copies of an arrest warrant may be issued and given to several persons for execution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An arrest warrant shall consist of two slips, and in making an arrest one slip thereof shall be handed to the accused or members of his family.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After an arrest with a warrant is made, the place, date, and time of execution shall be noted on such warrant; if no arrest can be made, the reason therefor shall be noted, and the warrant shall be signed by the person who executed the arrest warrant and forwarded to the public official who ordered the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If it is necessary, a judicial policeman or judicial police officer may make an arrest with a warrant outside his judicial district or request a judicial police officer of that place to make the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A presiding judge or public prosecutor may specify the matters which should be contained in a warrant and request the public prosecutor of a place where the accused may be found to make an arrest with a warrant; if the accused is not at such place, the requisitioned public prosecutor of such place may in turn entrust the matter to the public prosecutor of the place where the accused may be found.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the accused is in active service in the military, his arrest shall be executed by informing his superior officer of the warrant and requesting the officer's assistance in executing it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused has absconded or is in hiding, a circular order may be issued for his arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

For making notice to arrest a wanted accused, a circular order shall be issued.
A circular order shall state the following matters:
(1) Full name, sex, date of birth, identification number, domicile or residence, and other marks or characteristics that are sufficient to identify the accused. Where the date of birth or the domicile or residence is unknown, those unknown information does not need to be stated in the circular order;
(2) Facts of being accused;
(3) Reasons for being wanted by the circular order;
(4) Date, time, and place of the commission of the offense unless unknown;
(5) Place to which the accused is to be taken under escort.
A circular order shall be signed by the Prosecutor General or a chief prosecutor during the investigation stage and by the president of a court during the trial stage.

Public prosecutors and judicial police officers of neighboring or other judicial districts shall be informed of the issuance of a circular order; if it is necessary, the order may be published in a newspaper or via other mediums.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After notice has been given of the issuance of a circular order or it has been published, a public prosecutor or judicial police officer may arrest the accused with or without a warrant.
An interested party may arrest an accused designated in a circular order to arrest and turn him over to the public prosecutor or judicial police officer or request the public prosecutor or judicial police officer to arrest him.
When the reason for the issuance of a circular order to arrest no longer exists or a circular order to arrest is apparently unnecessary, the order shall be canceled immediately.
Provisions of the preceding Article shall apply mutatis mutandis to the notification or publication of the cancellation of a circular order to arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A person in flagrante delicto may be arrested without a warrant by any person.
A person in flagrante delicto is a person who is discovered in the act of committing an offense or immediately thereafter.
A person is considered to be in flagrante delicto under one of the following circumstances:
(1) He is pursued with cries that he is an offender;
(2) He is found in possession of a weapon, stolen property, or other items sufficient to warrant a suspicion that he is an offender or his body, clothes and the like show traces of the commission of an offense sufficient to warrant such suspicion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When investigating an offense when one of the following circumstances exists and the circumstances are urgent, a public prosecutor, judicial police officer, or judicial policeman may make an arrest without a warrant:
(1) Where a person is strongly implicated to be a co-offender on ground of the statement of a person in flagrante delicto in addition to facts sufficient to warrant such strong implication;
(2) Where a person who has escaped from custody while serving a sentence or while in detention;
(3) Where facts are sufficient to warrant that a person is strongly suspected of having committed an offense, and the person runs away after being stopped and interrogated, unless the offense such a person is suspected of having committed is obviously an offence with maximum punishment being imprisonment for not more than one year or detention, or may only be punished by a fine;
(4) Where a person who is strongly suspected of having committed an offense punishable by the death penalty, life imprisonment, or with minimum punishment of imprisonment for not less than five years, and there are facts sufficient to justify a view that such a person may abscond.
The arrest specified in the preceding paragraph, when executed by a public prosecutor in person, may be made without a warrant. When the arrest is executed by a judicial police officer or judicial policeman, it may be made without a warrant only when the circumstance is so urgent that it is impossible to report the circumstances to a public prosecutor, and an application for the issuance of an arrest warrant shall be made to a public prosecutor immediately after the arrest. If the public prosecutor refuses to issue a warrant, the person under arrest shall be released immediately.
A public prosecutor, judicial police officer or judicial policeman who arrests a suspect in accordance with the procedures as stipulated in Paragraph 1 above shall immediately inform the person under arrest and his/her family member that a defense attorney may be retained to be present.

In executing an arrest with or without a warrant, reasons for the arrest with or without a warrant as well as items specified in Article 95, Paragraph 1 the accused or suspect shall be told on the spot to the accused or the suspect, and due care shall be taken of the person and reputation of the accused or the suspect.
In circumstances of the preceding paragraph, the accused, the suspect of an offense, and their designated relatives or friends shall be notified in writing of the reasons for the arrest with or without a warrant.

When executing an arrest, with or without a warrant, or when escorting the accused, instruments of restraint may be used by guards, but only to the extent necessary.
In circumstances of the preceding paragraph, due care shall be taken of the person and reputation of the accused or the suspect by not deliberately displaying the instruments of restraint used. As soon as the use of instruments of restraint is deemed no longer necessary, the instruments of restraint shall be removed.
The regulations regarding the extent, manner, procedures and other requirements of the use of the instruments of restraint shall be made by the Executive Yuan in consultation with the Judicial Yuan.

If an accused resists the arrest made with or without a warrant or if he escapes, he may be arrested by force with or without a warrant, but such force may not be excessive.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused is arrested with a warrant or because of a circular order to arrest without a warrant, he shall be brought immediately to the place designated; if such a place cannot be reached within twenty four hours, the arrestee shall be brought to the nearest court or public prosecutor's office, depending on whether the arrest warrant or circular order to arrest was ordered by the former or the latter, for examination to determine whether there has been mistakes as to his identity.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When a person who has no authority to investigate an offense arrests without a warrant a person in flagrante delicto, he shall immediately hand the arrestee over to a public prosecutor, judicial police officer, or judicial policeman.
A judicial police officer or judicial policeman who arrests without a warrant or receives a person in flagrante delicto shall immediately send the arrestee to a public prosecutor. If the offense committed is punishable with maximum punishment of imprisonment for no more than one year, or detention, or sole fine, or if the offense committed is one that prosecution may be instituted only upon complaint or request and that the time period to initiate such compliant or request has lapsed, then with the public prosecutor's approval, the arrestee needs not be sent to a public prosecutor.
A person who arrests without a warrant a person in flagrante delicto as specified in section I shall be questioned concerning his full name, domicile or residence, and the reasons for the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused or a suspect, arrested with or without a warrant, shall be interrogated immediately.
During the investigation, if the prosecutor deems it necessary to detain the accused or suspect after interrogation, a petition that states the facts and details of the alleged criminal offenses, legal grounds, evidence and reasons for custody, along with prepared written copies, the case file and evidence, shall be submitted to the concerned court for a detention order, within 24 hours of making the arrest, with or without a warrant. However, documentation with supporting facts that actions, such as destroying, fabricating, and altering evidence, or colluding with accomplices or witnesses, that endanger the integrity of the investigation, or that endanger other people's lives, or bodies, should be submitted separately with clear reasoning, requesting that the court use appropriate approaches to restrict or prohibit the accused and the defense attorney from obtaining such case file and evidence.
Where there is not a petition to the court concerning the situation as described in the preceding paragraph, the prosecutor shall immediately release the accused. However, if any one of the situations, as described in Article 101 Paragraph 1, or any of the subparagraphs of Article 101-1 Paragraph 1 occurs, although it is deemed unnecessary to detain, then release on bail, release to other's custody, or house arrest may be ordered. But If release on bail, release to other's custody, or house arrest cannot be ordered, although deemed necessary, then a court order for detention is still required.
The provisions as described in the preceding three paragraphs apply mutatis mutandis to where the prosecutor is accepting the accused as forwarded by the court in accordance with the Juvenile Delinquency Act, or by the military court in accordance with the Code of Court Martial Procedure.
When accepting the petition for detention, as described in the preceding three paragraphs, the court shall immediately begin the interrogation after giving the accused and the defense attorney a written copy of the petition. However, if the interrogation is not completed by late night, the accused, the defense attorney, or the person acting as the accused's assistant, may petition the court to continue interrogation during the daytime of the following day. Unless the court has proper justification, the court shall not refuse the request. If the petition is accepted late at night, the interrogation may begin during the daytime of the following day.
The term late night, as described in the proviso of the preceding paragraph, refers to the hours between 11 pm through 8 am the next day.

The 24 hours, as described in the provisions of Article 91 and paragraph 2 of the preceding Article, shall exclude the elapsed time as described in the following conditions. But, there must be no unnecessary delay:
1. The delay caused by traffic problems, or by other force majeure.
2. Time spent during escorted transfer.
3. When no questioning is allowed pursuant to the provisions of Article 100-3 Paragraph 1.
4. When, in fact, no interrogation is conducted due to sudden changes of health of the accused or suspect.
5. Where the accused or suspect expressed the desire to retain an attorney, the time spent waiting for the arrival of a defense attorney instead of conducting interrogation, shall not exceed 4 hours. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney pursuant to the provisions of Article 31 Paragraph 5; or where the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies and the notification is sent to appoint an accompanying assistant pursuant to the provisions of Article 35 Paragraph 3, the time spent waiting for the arrival of a defense attorney or accompanying assistant instead of conducting interrogation, shall not exceed 4 hours.
6. Where the accused or suspect requires the assistance of an interpreter, the time spent waiting for an interpreter instead of conducting the interrogation, shall not exceed 6 hours.
7. After the prosecutor has given the bail release, or the custody release order, the time spent waiting for the process of being released on bail or to the custody of another shall not exceed 4 hours.
8. The duration when the criminal suspect is brought forward in front of a judge for arraignment.
No interrogation shall be conducted within the time as described in all preceding paragraphs.
If a case cannot be transferred to the concerned court within 24 hours, as the result of a traffic delay or by other force majeure as described in paragraph 1, then the prosecutor shall explain the causes when petitioning for detention.

If a defendant is strongly suspected of having committed an offense, and if one of the following circumstances exists, the prosecutor or the judge may, if necessary, impose restrictions without notice on the exit from the border or the island. However, in cases where the maximum principal punishment is detention or a fine-only case, such restrictions may not be imposed without notice:
1.He/she has no fixed domicile or residence;
2.There is a probable cause to believe that he/she is likely to abscond;
3.There is a probable cause to believe that he/she is likely to destroy, forge, alter the evidence, or conspire with co-offenders or witnesses.
The restrictions on exit from the border/island should be made in writing including the following information:
1.Name, gender, birth date, domicile or residence, identification document number of the defendant or other features sufficient to identify the defendant.
2.The offense and article of the Code being charged with;
3.The reason for and period of the restrictions on exit from border/island;
4.The enforcement agency;
5.The remedy for not satisfying the decision on the restrictions on exit from border/island.
Except for the failure to notify the defendant due to his/her domicile or residence is unclear, the written notice of the preceding paragraph shall be given within six months at the latest after the restrictions on exit from border/island have been imposed. However, if the defendant has been interrogated before the notice is given, the defendant shall be informed in the open court and be given the written notice of the preceding paragraph. In the circumstance of the first part of the preceding paragraph that the defendant has been informed of being restricted to exit from border/island before receiving the written notice, he/she may also request for delivery of the written notice as set out in Paragraph 2 hereof.

During the investigation, the restriction period imposed by the prosecutor on the defendant from exit from border/island may not exceed eight months. However, where it is necessary to continue the restriction, a written petition, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with specific reasons, shall be submitted to the court with jurisdiction for a ruling at least 20 days prior to the expiration of the restriction period. At the same time, the defendant and defense attorney shall be notified with the transcript of the written petition.
During the investigation, when the prosecutor requests to extend the restriction period on exit from border/island, the first extension shall not exceed four months; the second extension shall not exceed two months, and there can be two extensions at most. During the trial, each restriction imposed on exit from border/island shall not exceed 8 months, and for those who commit a crime with a maximum principal sentence of imprisonment for no more than ten years, the accumulated restriction period shall not exceed five years; for the remaining crimes, the accumulated restriction period shall not exceed ten years.
During the period of investigation or trial, the period of restriction on exit from border/island shall not include the period of the defendant's at-large due to escape and going into hiding.
The court shall give the defendant and defense attorney an opportunity to present their opinions before the court renders a ruling to extend the restriction on exit from border/island.
After the prosecution is initiated or the judgment is rendered, where the case is subject to the court or an appellant court, the period of restriction shall be extended to be one month if the remaining period of the original restriction on exit from border/island is less than one month.
The statutory extension period of the court in which the case is pending after the prosecution is initiated pursuant to the preceding paragraph and the remaining period of the restriction on exit from border/island during the investigation shall be counted as the period during the trial.

If the defendant is rendered the ruling "not to prosecute" or a ruling of 'deferred prosecution", or informed of "Not Guilty", "Exempt from Prosecution", "Punishment Remitted", "Probationary Sentence", "Fine", "Sentence Commuted to Warning" or the judgment of "Case Not Entertained" as specified in Subparagraph 3, Subparagraph 4 of Article 303, such restriction on exit from border/island shall be deemed to be revoked, provided that, within the appeal period or during the appeal, such restriction on exit from border/island shall continue if necessary.

The defendant and defense attorney may petition the prosecutor or the court to revoke or alter the restriction on exit from border/island. The prosecutor may also petition for the revocation during the investigation, and may, at the time of filing the petition, notify the competent authority of entry/exit in advance to remove restrictions on exit from border/island.
During the investigation, the revocation of the restriction on exit from border/island, except for the petition filed by the prosecutor, the opinion of the prosecutor shall be taken into account.
During the investigation, the restriction on exit from border/island imposed by the prosecutor may be revoked or altered by the prosecutor ex officio. However, when the case is subject to the court after the prosecution is initiated, the revocation or alteration of the remaining period of the restriction on exit from border/island during the investigation may be effectuated ex officio by the court or by petition.
The restriction on exit from border/island imposed by the court during the investigation and trial, the court may revoke or alter it ex officio.

A person who may be ordered to be released on bail, restrained of another or with a limitation on his/her residence in accordance with the provisions other than this chapter may also be imposed with the restriction on exit from border/island, and the provisions of Paragraph 2 of Article 93-2, and Article 93-3 to Article 93-5 shall apply mutatis mutandis.

In an examination, an accused shall be first asked his full name, age, native place, occupation, and domicile or residence to determine whether a mistake as to his identity has been made; if there is a mistake, he shall be immediately released.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The accused shall be informed of the following items before an interrogation is conducted:
1. The alleged crimes committed, and all the criminal charges. If it is deemed necessary to change the criminal charges after the information is given, the accused should be informed of such changes.
2. The right to remain silent, and that no statements should be made against his/her own will.
3. The right to retain an attorney. If the accused is qualified to request for legal aid, pursuant to the laws, due to his/her low-income, or middle-to-low-income, aborigine status, or other qualifications, he may request to retain an attorney.
4. The right to request an investigation on evidence favorable to the defendant.
When an accused, without a counsel present, indicates that he/she has retained a defense attorney, the interrogation shall be ceased immediately. However, this rule does not apply where the accused consents to continue with the interrogation.

In an examination, an accused shall be given an opportunity to explain the offense of which he is suspected; if there is an explanation, the accused shall be ordered to make a detailed statement of the complete matter; if the explanation contains facts favorable to him, he shall be ordered to explain his method of proof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If there are several accused, they shall be examined separately; those who have not been examined shall not be permitted to be present, provided that if it is necessary to discover the truth, the accused may be confronted with each other. The accused may also request a confrontation.
A request by an accused for a confrontation shall not be rejected, unless it is apparently unnecessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused shall be examined in an honest manner; violence, threat, inducement, fraud, exhausting examination or other improper means shall not be used.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Where an accused has a hearing or speech impairment or has difficulties in understanding the language used, the service of an interpreter shall be used; such an accused may also be examined using written words or ordered to make a statement in written words.
Unless otherwise provided in the statutory law, the preceding paragraph shall apply mutatis mutandis to other persons under examination or other examiners.

The confession of an accused and other statements unfavorable to him as well as facts stated in his favor and the method of proof indicated shall be clearly noted in the record.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The whole proceeding of examining the accused shall be recorded without interruption in audio, and also, if necessary, in video, provided that in case of an emergency, after clearly stated in the record, the said rule may not be followed.
Except for the circumstances prescribed in the Proviso of the preceding section of this article, if there is an inconsistency between the content of the record and that of the audio or video record regarding the statements made by the accused, the said portion of the statement shall not be used as evidence.
The means of preservation of the audio or video record specified in the first section of this article shall be prescribed by the Judicial Yuan and the Executive Yuan.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of this chapter shall apply mutatis mutandis to the interrogation of suspects by judicial police officer or judicial policeman.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The interrogation of criminal suspects by judicial police officer or judicial policeman shall not proceed at night, except for the following circumstances:
(1) Express consent by the person being interrogated;
(2) Identity check of the person arrested with or without a warrant at night;
(3) Permission by a public prosecutor or judge;
(4) In case of emergency.
Upon the request of a suspect, the interrogation shall proceed immediately.
The night herein means the time between sunset and sunrise.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the suspicion of the accused committed a crime becomes significant after the interrogation by a judge, and one of the following conditions applies, and as a result, it will be very difficult to prosecute, or try the case, or execute a sentence without a retention order, the accused shall be detained:
1. The accused has absconded, or if there are sufficient facts to support the concern of his/her absconding.
2. There are sufficient facts to support the concern that evidence may be destroyed, fabricated, or altered, or that accomplices or witnesses may be colluded.
3. The penalty for the crime committed is death, life imprisonment, or a minimum of five-year imprisonment, and there is sufficient reason to support the concern for absconding; destroying, fabricating or altering evidence; or colluding with accomplices or witnesses.
When the judge is conducting the interrogation, as described in the preceding paragraph, the prosecutor must be present to state the reasons for requesting detention and to provide necessary evidence. However, in the case of the proviso as described in Article 93 paragraph 2, the prosecutor shall be present to state the reasons, and to specify the scope of the restriction or prohibition.
The facts, the specific content of each reason, and the relevant evidence on which the provisions of every subparagraph of the first paragraph are based shall be provided to the accused and the defense attorney, and shall be specified in the transcript. However, pursuant to the proviso as described in Article 93 paragraph 2, the case file and evidence, that the court has prohibited the accused and the defense attorney from knowing, shall not be used as the basis for the detention review.
The accused and defense attorney may petition the judge to provide the appropriate time for preparing the defense before proceeding with the interrogation, as described in the first paragraph.

Where an accused, after being examined by a judge, is strongly suspected of having committed one of the following offenses and where there exist facts that are sufficient to justify a view that the accused may repeatedly commit the same offense so that it is necessary to detain him/her, the said accused may be detained:
(1) The offenses of arson as provided in Paragraphs 1 or 3 of Article 173, Paragraphs 1, 2, or 4 of Article 174, or Paragraphs 1 or 2 of Article 175, and the offense of constructive arson as provided in Article 176, and the offense of hijacking an aircraft as provided in Article 185-1 of the Criminal Code;
(2) The offense of forced sexual intercourse as provided in Article 221, the offense of aggravated forced sexual intercourse as provided in Article 222, the offense of forced obscene act as provided in Article 224, the offense of aggravated forced obscene act as provided in Article 224-1, the offense of sexual intercourse or obscene act against an insane person as provided in Article 225, the combined offenses of forced sexual intercourse or forced obscene act as provided in Article 226-1, the offense of sexual intercourse or obscene act against an under-aged child as provided in Article 227, the offenses of homicide as provided in Paragraphs 1 or 2 of Article 271, the offense of homicide against a lineal blood ascendant as provided in Article 272, the offense of inflicting bodily injury as provided in Paragraph 1 of Article 277, or the offense of inflicting serious bodily injury as provided in Paragraph 1 of Article 278 of the Criminal Code, or the offense provided Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, unless where the offense concerned is only chargeable upon a complaint and such a complaint is not filed or has been withdrawn, or where the period of time for filing such a compliant has lapsed;
(3) The offense of human trafficking as provided in Article 296-1, the offense of transporting a forcibly abducted person as provided in Article 299, or the offense of false imprisonment as provided in Article 302 of Criminal Code;
(4) The offense of forcing as provided in Article 304, or offense of threatening personal security as provided in Article 305 of Criminal Code;
(5) The offenses of larceny as provided in Articles 320 or 321 of Criminal Code;
(6) The offenses of abrupt taking as provided in Articles 325 and 326, the offense of robbery as provided in Paragraphs 1, 2, and 4 of Article 328, the offense of aggravated robbery as provided in Article 330, the combined offenses of robbery as provided in Article 332, the offense of piracy as provided in Article 333, or the combined offenses of piracy as provided in Article 334 of the Criminal Code;
(7) The offense of fraudulence as provided in Articles 339 or 339-3, or the offense of aggravated fraudulence as provided in Article 339-4 of the Criminal Code;
(8) The offense of extortion as provided in Article 346, the offenses of kidnapping as provided in Paragraphs 1 or 3 of Article 347, the combined offenses of kidnapping as provided in Article 348, or the offense of constructive kidnapping as provided in Article 348-1 of the Criminal Code;
(9) The offenses provided in Articles 7 or 8 of the Controlling Guns, Ammunition and Knives Act;
(10) The offenses provided in Paragraphs 1 to 4 of Articles 4 of the Narcotics Hazard Prevention Act;
(11) The offense provided in Article 34 of the Human Trafficking Prevention Act.
Provisions of Paragraphs 2 to 4 of the preceding article shall apply mutatis mutandis to the circumstances in the preceding paragraph of this Article.

After examining the accused, despite the existence of the circumstances specified in section I of Article 101 and section I of Article 101-1, the judge may nevertheless order that the accused be released on bail, or to the custody of another, or with a limitation on his residence if the detention is deemed unnecessary. If the circumstances specified in Article 114 exist, detention shall not be permitted unless that the accused is released on bail, or to the custody of another, or with a limitation on his residence is not workable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A writ of detention is necessary to detain an accused.
A writ of detention shall be fingerprinted by the accused, and specify the following matters:
(1) Full name, sex, age, place of birth, and domicile or residence of the accused;
(2) Offense and article of the Code charged;
(3) Reason for detention and the facts based upon;
(4) Place of detention;
(5) Time period of detention and its starting date;
(6) Remedy available for challenging the order of detention.
The provisions of section III of Article 71 shall apply mutatis mutandis to a writ of detention.
A writ of detention shall be signed by a judge.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The execution of detention shall be, during the stage of investigation, administered by a public prosecutor, and during the stage of trial, administered by the presiding or commissioned judge. A writ of detention shall be executed by a judicial policeman by sending the accused to the specified detention house; the officer in charge of the house shall, after confirming the identity of the accused, note the date and time of the admission on the writ of detention and sign his name.
In the execution of a writ of detention, the writ shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused.
The provisions of Articles 81, 89, and 90 shall apply mutatis mutandis to the execution of detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In the proceeding of investigation, if the public prosecutor, the accused, or his defense attorney deems that it is necessary for the protection of the detention house and for the preservation of the safety of the accused detained, or for other proper reasons, he may apply to the court to change the place of detention.
A notice of change shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused, if the court makes a change in the place of detention based on the application according to the provisions of the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A detained accused may be placed under restraint only if such restraint is necessary to accomplish the purpose of the detention house or to maintain order in the detention house.
An accused may have his own food and daily necessities, may receive visitors, may send and receive mail, and receive books or other things, but the detention house may censor them.
If a court deems that the meeting with visitors, and the sending or receiving of mails or things as specified in the preceding section produce facts sufficient to justify an apprehension that the accused may escape or destroy, forge, or alter evidence or conspire with a co-offender or witness, the court may, upon the application of the public prosecutor or muto proprio, prohibit the meeting, sending and receiving or seize the things received. In case of emergency, the public prosecutor or the detention house may take necessary actions, provided that the same shall be referred immediately to the court concerned for approval.
The object, scope, and time period subject to the prohibition or seizure made in accordance with the provisions of the preceding section shall be decided, in the stage of investigation, by the public prosecutor, and in the stage of trial, by the presiding judge or commissioned judge. The same shall be enforced by the detention house under the instruction of the above referenced persons, provided that nothing can be done to restraint the accused's justified right of defending himself.
No restraint shall be placed upon the body of an accused unless sufficient facts exists to support the apprehension of violence, escape, or suicide; such restraint shall be taken by the officer in charge of the detention house only in the case of urgent necessity, and such action shall be referred immediately to the court for approval.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A public prosecutor shall diligently inspect a place where an accused is detained, report the result of his inspection to the competent superior officer, once every ten days, and notify the court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

As soon as the reason for detention ceases to exist, the detention shall be canceled immediately and the accused released.
An accused, the defense attorney, and the person qualified to be the assistant of the accused may apply to the court for cancellation of the detention; the public prosecutor may, also make the said application during the stage of investigation.
The court in deciding whether to approve the application for cancellation of detention referred to in the preceding section may consider statements made by the accused, the defense attorney, or the person qualified to be the assistant of the accused.
During the stage of investigation, upon the public prosecutor's application, the court shall cancel the detention; the public prosecutor may release the accused prior to submitting the application.
During the stage of investigation, the court shall consult with the public prosecutor prior to cancellation of the detention except the application for cancellation of detention is made by the public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Detention of an accused may not exceed two months during the stage of investigation and three months during the stage of trial, provided that if it is necessary to continue the detention, the court may, prior to the expiration of the period, after examining the accused in accordance with the provision of Article 101 or Article 101-1 extend such period by a ruling. Application for a ruling for extension of the detention period during the stage of investigation shall be made by the public prosecutor with reasons and submitted to the court no later than 5 days prior to the expiration of the period.
The ruling made in accordance with the provision of the preceding section shall, unless pronounced in court, be effective upon serving a true copy on the accused prior to the expiration of the detention period and the period shall be extended accordingly. If the ruling has not been legally served by the expiration of the detention period, the detention shall be deemed canceled.
During the stage of trial, the detention period shall be counted from the date the case file and exhibits had been sent to the court; the detention period from the date the prosecution has initiated or judgment is rendered, but prior to being sent out shall be counted against the detention period at the investigation stage or that of the original trial court.
Detention period shall be counted from the date the writ of detention is issued; the period of time that the accused is kept in custody after the arrest is made with or without a warrant shall be counted as the detention period before final judgment on a day-by-day basis.
Extension of the period of detention, during the investigation stage, may not exceed two months, and only one extension is allowed; during the trial stage, each extension may not exceed two months; if the maximum punishment for the offense charged does not exceed imprisonment of ten years, extension may be allowed three times during the first instance and the second instance, and one time only during the third instance.
If a case is remanded, the number of extensions for the period of detention shall be counted anew.
If no prosecution has been initiated or no judgment has been rendered at the expiration of the detention period, the detention shall be deemed canceled, and the public prosecutor or the court shall release the accused; if the accused is released by the public prosecutor, the public prosecutor shall immediately notify the court of the same.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a case is appealed and the period during which the accused has been detained exceeds the term of imprisonment imposed by the original judgment, the detention shall be immediately canceled and the accused released; if the public prosecutor appeals against the interests of the accused, the accused may be released on bail or to the custody of another, or with a limitation on his residence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused or persons who may act as his assistants or the defense attorney may at any time apply to the court for the suspension of detention of the accused on bail..
During the investigation stage the public prosecutor may apply to the court for the suspension of detention of the accused on bail.
The provision of section III of Article 107 shall apply mutatis mutandis to the examination of the application for suspension of detention on bail as specified in the preceding section.
The court, in deciding whether to grant the suspension of detention, during the investigation stage, shall consult the public prosecutor for his opinion, unless the circumstances specified in Article 114 or section II of this Article exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an application for suspension of detention is permitted, an order shall be issued requiring a bail bond and specifying an appropriate amount of bail.
The bail bond shall be signed only by a reliable person within the judicial district of the court; it shall contain a statement of the amount of the bail and a statement that payment will be made in accordance with law.
If an applicant is willing to provide the specified bail or a third party is permitted to supply it, a bail bond is not necessary.
A negotiable instrument may be substituted for the bail.
In cases where an application for suspension of detention is permitted, the residence of an accused may be limited.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the offense charged is punishable only by a fine, the amount of bail may not exceed the maximum amount of the fine.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an application for suspension of detention is permitted, the accused shall be released upon receipt of the bail bond or bail.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An application from the accused detained for suspension of detention upon posting a bail bond may not be denied, if one of the following circumstances exists:
(1) The maximum punishment for the offense charged is imprisonment for a period of less than three years, short-term imprisonment, or a fine, unless the accused detained is a recidivist, makes the commission of crime a habit, has committed a crime during the period of parole, or is detained under Paragraph 1 of Article 101;
(2) The accused has been pregnant for five months or more or has given birth during the preceding two months;
(3) The accused is ill, and it is apparent that cure will be difficult unless he/she is released for medical treatment.

Detention of an accused may be suspended without bail and the accused committed to the custody of a person who may act as his assistant or another suitable person within the judicial district of the court.
A person who has been given custody of an accused shall give a written assurance obligating himself for the appearance of such accused at any time summoned.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Detention of an accused may be suspended without bail, but limitation on his residence imposed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of section II through section IV of Article 110 shall apply mutatis mutandis to the release of the accused to the custody of another or with a limitation on his residence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In granting the suspension of detention, the court may, after considering the protection of human rights and public interests and deeming it necessary, designate a considerable period of time and order the defendant to comply with the following matters:
1.Report to the court, the prosecutor or the designated authority periodically;
2.No actions of inflicting danger, threat, harassment, contact or stalking taken against the body or property of the victim, witness, appraiser, the public official in charge of the investigation or trial of the subject case, or the spouse, lineal blood relatives, collateral blood relatives within the third degree of kinship, relatives by marriage within the second degree of relationship, family head or family member of the said public official;
3.If the suspension of detention is granted under the provisions of Subparagraph 3 of Article 114, no activities apparently unrelated to medical treatments are permitted without the consent of the court or prosecutor, except for the activities necessary to maintain the daily life or occupation;
4.Accept appropriate monitoring by technical equipment;
5.Do not leave the domicile, residence or certain area without the permission of the court or prosecutor;
6.Hand over passports and travel documents; the court may also notify the competent authority not to issue passports and travel documents;
7.No specific actions are allowed to be taken against the specific property without the permission of the court or prosecutor.
8.Other matters the court considers appropriate.
The provisions of the preceding paragraphs may be altered, extended or revoked by petition or ex officio.
In granting the suspension of detention during the trial, the court may order the defendant to appear in court on the day of announcing the judgement.
Those who violate the matters to be observed set out under Paragraph 1 or Paragraph 3 hereof by the court may be arrested without a warrant.
The enforcement measures for matters of implementation agencies (institutions), personnel, methods and procedures of the monitoring technical equipment under Subparagraph 4 of Paragraph 1 hereof shall be determined by the court together with the Executive Yuan.

A person who has been released from detention may be detained again under one of the following circumstances:
1.Failure to appear without proper reasons after having been legally summoned;
2.Violation of the limitation placed upon his/her domicile or residence;
3.One of the circumstances specified in Paragraph 1 of Article 101 or Paragraph 1 of Article 101-1 has newly occurred in the case concerned;
4.Violation of the matters to be observed as set forth by the court under the preceding article;
5.The defendant, who was detained pursuant to Subparagraph 3, Paragraph 1 of Article 101 and released from detention under Subparagraph 3 of Article 114, but the reason for the suspension of detention has disappeared, which makes it still necessary for the defendant to be detained.
If one of the circumstances specified in the preceding paragraph exists during the investigation, the prosecutor may file the petition to the court.
The period of re-detention shall be counted together with the elapsed period of detention prior to the suspension of the detention.
When the court orders the re-detention pursuant to the provision of Paragraph 1 hereof, the provision of Paragraph 1 of Article 103 shall apply mutatis mutandis.

The provisions of the preceding two articles shall apply mutatis mutandis to the situations where the public prosecutor releases the accused on bail, to the custody of another, or with a limitation on his residence in accordance with the proviso of section III of Article 93, or section IV of Article 228. The same rule applies when the court releases the accused on bail, to the custody of another, or with limitation on his residence under Article 101-2.
In detaining the accused under the preceding section by court, the provisions of Article 101 and 101-1 shall apply; if the public prosecutor applying for the detention of the accused to the court, the provision of section II of Article 93 shall apply.
The bail bond obligation shall be terminated, if the detention of an accused is made under the provision of section I of this article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused who has been released on bail absconds or conceals himself, the court shall order the surety to pay the amount of money specified in the order fixing bail and forfeit it; if the bail is not paid, compulsory execution shall be levied; if the cash bail bond has already been supplied, it shall be forfeited.
The provision of the preceding section shall apply mutatis mutandis to the case where the public prosecutor orders the release of the accused on bail under the proviso of section III of Article 93, and section IV of Article 228.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The obligation associated with a bail bond is terminated, if the detention is revoked, the detention is re-executed, the judgment of non-prosecution is delivered, a guilty ruling is delivered and prison sentence is enforced, or the validity of detention is eliminated as a result of a judgment.
The accused, and the third party who furnished a promissory note or paid the bail amount may request the release of the bail bond, and the court or the prosecutor shall grant such a release. However, if it is stipulated otherwise, such other provisions shall apply.
If the obligation associated with bail is terminated or a bail bond is released, the promissory note should be cancelled, or the non-forfeiture portion of the bond should be returned.
The provisions of the preceding three paragraphs apply mutatis mutandis to persons who are given the custody release order.

If the bail bond is paid in cash, the bond is subject to interest calculations; if the bond is returned pursuant to the provisions of paragraph 3 of the preceding Article, the accrued interest will also be returned. If the whereabouts of the person to whom the bond should be returned is unknown, or if the bond cannot be returned due to other reasons, the court or the prosecutor should make a public announcement. If after ten years from the date of announcement, no one claims the proceeds, the bond shall be turned over to the National Treasury.
If the bond is forfeited pursuant to the provisions of Article 118, the accrued interest is also forfeited.
The procedures for criminal-case related bond deposits, interest calculations and proceed returns shall be determined by the Judicial Yuan and the Executive Yuan.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The revocation of detention specified in Paragraph 1 of Article 107, the order of release on bail, restrained of another, or with a limitation on domicile or residence specified in Article 109, the suspension of detention specified in Paragraph 1 of Article 110, Article 115 and Article 116, the alteration, extension or revocation specified in Paragraph 2 of Article 116-2, the forfeit of cash bail specified in Paragraph 1 of Article 118, and the refund of the cash bond or withdrawal of the bail bond specified in Paragraph 2 of Article 119 shall be rendered by the court in the form of a ruling.
The rulings specified in the preceding paragraph, detention, other rulings regarding matters of detention, and restrictions on exit from the national border or restrictions on exist from the sea in accordance with Articles 93-2 to 93-5 shall be ruled by the court of second instance, when the case is under appeal at the court of third instance and the court files and exhibits thereof have already been submitted to the said court.
Before rendering the ruling specified in the preceding paragraph, the court of second instance may request for retrieving the case files and exhibits from the court of third instance.
During the stage of investigation, the alteration, extension or revocation of the matters to be observed by the defendant pursuant to Paragraph 1 of Article 117-1, forfeit of cash bail specified in Paragraph 2 of Article 118, refund of the cash bond or withdrawal of the bail bond specified in Paragraph 2 of Article 119, and the proviso of Paragraph 3 of Article 93 and the order to furnish bail, release to restrained of another, or with limitation on domicile or residence specified in Paragraph 4 of Article 228, shall be rendered by the prosecutor in the form of an order.

If necessary, the person, property, electronic record, dwelling, or other premises of an accused or a suspect may be searched.
The person, property, electronic record, dwelling, or other premises of a third party may be searched only when there is probable cause to believe that the accused or the suspect, or property or electronic record subject to seizure is there.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Search of the person of a female shall be conducted by a woman unless it is impossible.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A search shall be kept secret, and attention shall be paid to the reputation of the person searched.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If no property subject to seizure is found, a certificate to that effect shall be given to the person who was searched.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a document or other thing held or kept by a public office or public official is to be seized, a request shall be made for its surrender, provided that a search may be made if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A place which must be kept secret for military purposes shall not be searched without the permission of the officer in charge.
Under the circumstance specified in the preceding section, the permission cannot be withheld except for the possibility of violation of major national interests.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A search warrant is required to conduct a search.
A search warrant shall contain the following matters:
(1) Offense charged;
(2) The accused or suspect to be searched or the property to be seized; if the accused or suspect is unknown the, same can be waived;
(3) The place, person, property or electronic record to be searched;
(4) The period that the warrant remains valid shall be specified; no search can be made after the expiration date; search warrant shall be returned after its execution.
A search warrant shall be signed by a judge; the judge may specify proper instructions, to be followed by the person executing the search, on the search warrant.
The procedure in issuing of the search warrant shall not be open to the public.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

During the investigation stage, if the public prosecutor deems that a search is necessary, he shall apply for a search warrant to the court concerned in writing, containing the matters specified in section II of the preceding article, together with the reason thereof, except for the circumstances specified in section II of Article 131.
A judicial police officer, for the purpose of investigating the details of offense committed by the suspect and gathering evidences of the offense, may, if necessary, after obtaining permission from the public prosecutor, apply for a search warrant from the court concerned.
If the application specified in the preceding two sections is denied, the ruling is not appealable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A search shall be conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman unless it is personally made by a judge or public prosecutor.
A public prosecuting affairs official in conducting a search, may seek assistance from the judicial police officer or judicial policeman if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An accused or a suspect arrested with or without a warrant or detained by a public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman, may be searched without a search warrant. The same shall apply to the items he is carrying, the transportation vehicle he is using, and the premises within his immediate control.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman may search a dwelling or other premises without a search warrant, under one of the following circumstances:
(1) To arrest an accused or a suspect with or without a warrant or to detain him, provided that there are facts sufficient to justify a conclusion that the accused or criminal suspect is therein;
(2) To pursue a person in flagrante delicto or to arrest, without a warrant, a person who has escaped, provided that there are facts sufficient to justify a conclusion that the said person is therein;
(3) When there are obvious facts to believe that a person inside the premise is committing a crime and the circumstances are urgent.
During the investigation stage, a public prosecutor may conduct a search without a warrant or instruct the public prosecuting affairs official, judicial police officer, or judicial policeman to do it and report the same to the public prosecutor general, if there really are probable cause to believe that circumstances are exigent and there are sufficient facts to justify an apprehension that the evidence shall be destroyed, forged, altered, or concealed within twenty four hours unless a search is conducted immediately.
If the search specified in the preceding two sections is conducted by a public prosecutor, the same shall be reported to the court concerned within three days. If it is conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman, the same shall be reported to the public prosecutor of the public prosecutor office concerned and the court within three days. If the court decides that the search should not be approved, the court shall cancel it within five days.
If the search conducted under section I or II has not been reported to the court concerned, or has been canceled by the court, the court at trial may declare the things seized inadmissible as evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A search may be made without a search warrant with the voluntary consent of the person being searched, provided that the person conducting the search shall show his proof of identity to the person being searched, and put the fact of the consent being given in the records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a search is resisted, force may be used, but such force may not be excessive.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After executing the search warrant issued upon application, the public prosecutor, or judicial police officer shall report the results to the court issuing the search warrant; if it cannot be executed, the reasons shall be explained thereof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An item which can be used as evidence, or that is subject to confiscation, may be seized.
To ensure a forced collection, a certain portion of the property of the suspect, accused, or a third party, may be seized with discretion as required.
The owner, holder, or custodian of the items to be seized shall bring forward or deliver the items as ordered.
The competent authority should be notified and a registration method should be used when seizing real estate, ships, or aircraft.
To seize creditors' rights, a seizure order may be issued to prohibit a collection from debtors, or other sanctions, and to prohibit the action of paying off for the accused or a third party.
The seizure, as implemented under this Code, has the effect of prohibiting a disposition. It does not impede the seal or seizure of provisional attachment, provisional injunction of civil proceedings, or the enforcement of a final judgment.

A seizure that is not covered by a search warrant shall be adjudicated by a judge, except when the item is seized for evidence, or the obligee of the seizure target has given consent.
In the consent scenario, as described in the preceding paragraph, the enforcer shall present his/her credentials, and inform the obligee of the seizure target that he/she has the right to refuse the seizure, and that there is no requirement to give consent against his/her will, and then a record of his/her consent response is entered in the transcript.
The ruling, as referred to in the first paragraph, shall include the following information:
1. Case summary.
2. The identity of the person receiving the seizure ruling, and the seizure target description. However, this information may be omitted if the identity of the person receiving the seizure ruling is unknown.
3. Enforcement validity and instructions for suspended enforcement when the validity expires. The judge may also state additional appropriate instructions to enforcers of this ruling.
The procedures for issuing the ruling, as referred to in the first paragraph, shall not be made public.

During an investigation, if the prosecutor deems it necessary to apply for a seizure ruling, a written request, including the information as described in Paragraph 3 Subparagraph 1 and Subparagraph 2 of the preceding Article, along with detailed reasons for the request, shall be submitted to the court concerned with making the ruling.
If a judicial police officer finds it necessary to make a seizure, he/she may submit a request to the concerned court for the issuance of a seizure ruling pursuant to the provisions of the preceding paragraph after obtaining the prosecutor's permission.
If, during an investigation, the prosecutor, prosecuting investigator, judicial police officer, or judicial police deems that there is sufficient cause and urgency for an immediate seizure, then such seizure may be enforced directly; the prosecutor may also command the prosecuting investigator, judicial police officer, or judicial police to enforce this seizure.
The seizure, as described in the preceding paragraph, shall be reported to the concerned court within three days of the execution if it is implemented by the prosecutor; and shall be reported to the prosecutor of the concerned prosecutors office and the court within three days of execution if it is implemented by the prosecuting investigator, judicial police officer, or judicial police. If the court deems that such action is not permitted, the seizure must be revoked within five days.
If the request, as referred to in paragraphs 1 and 2, is rejected, the decision shall not be challenged.

A document or other property in the possession or custody of a public office, public official, or former public official which should be kept confidential for official reasons may not be seized without the permission of a supervisory public office or the public official in charge.
The permission specified in the preceding paragraph may not be withheld unless it is contrary to the interests of the State.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Mail or a telegram which is in the possession or custody of a post office, telegraph office, or an official thereof may be seized under one of the following circumstances:
(1) If there is probable cause to believe that it is connected to the case.
(2) If it is sent by or to an accused, provided that mail or a telegram between an accused and his defense attorney may not be seized unless it is considered to be evidence of an offense; or it is apprehended that the addressee or the addresser may destroy, forge, or alter evidence or conspire with a co-offender or witness, or the accused has absconded.
If the seizure specified in the preceding section is executed, the addressee or the addresser of the mail or a telegram shall be notified unless it would interfere with judicial proceeding.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A seizure, in addition to being enforced by a judge or the prosecutor themselves, may be conducted by a prosecuting investigator, judicial police officer, or judicial police, as ordered by the judge or prosecutor.
If a prosecuting investigator, judicial police officer, or judicial police is ordered to conduct the seizure, a case summary should be stated in the given search warrant or seizure ruling.

When the prosecutor, prosecuting investigator, judicial police officer, or judicial police are conducting a search or seizure operation, if there are objects that should be seized in relation to the case but not listed in the search warrant or seizure ruling, such objects may be seized.
The provisions of Article 131 paragraph 3 shall apply mutatis mutandis to the case, as described in the preceding paragraph.

If an owner, possessor, or custodian of property which should be seized refuses to surrender or deliver it or resists the seizure without justified cause, such seizure may be effected by force.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A receipt listing in detail the property seized shall be given to the owner, possessor, or custodian.
Seized property shall be sealed up or otherwise marked; the public office or official executing the seizure shall place a seal on the property seized.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Appropriate measures shall be taken to protect property against loss or damage.
A person may be ordered to guard seized property which is inconvenient to transport or preserve, or the owner or other proper person may be ordered to preserve it.
Seized property which is dangerous may be destroyed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the seized property, as confiscated or forced collected, may be lost, damaged, lose value, difficult to keep, or too expensive to keep, it may be sold for its value and the proceeds of which shall be retained.
The sale, as referred to in the preceding paragraph, shall be conducted by the prosecutor, if such action occurs during an investigation; and it shall be conducted by the Civil Execution Department of a district court at the court's request, if such action occurs during a trial.

Where the retention of seized property is no longer necessary, the seized property shall be returned to the owner, by a ruling of the court or an order of the public prosecutor, before the conclusion of the case. Where the seized property constitutes stolen property and is not claimed by any third party, it shall be returned to the victim of the crime.
Seized property, upon a request made by the owner, possessor, or custodian, may on a provisional basis be returned to the person who made the said request, who shall be ordered to bear the obligation to preserve the property concerned.
The owner, possessor, or custodian of the seized property, with justifiable cause, may request copies of the seized property during the trial stage accompanied by posting the deposit for the necessary fees in advance.

If the court or the prosecutor deems it appropriate at the request of the owner or the obligee of the seized property, as confiscated or forced collected, the court or the prosecutor can rule to set, or order, a commensurate amount of guarantee money, and after such guarantee money is paid, revoke the seizure.
The provisions of Article 119-1 apply mutatis mutandis to the deposit, interest calculation, and return of guarantee money.

The provisions of the preceding five Articles shall apply mutatis mutandis to the object that the accused, suspect, or a third party left at the crime scene, or to the object voluntarily submitted or delivered by its owner, holder, or custodian, which has been retained.

Locks and seals may be broken or other necessary measures taken to execute a search or seizure.
In executing the search or seizure, the premises subject to search may be closed to public and the person therein be ordered not to leave, or any person other than the accused, suspect, or a third person, specified in the preceding article may be prohibited to enter the premises.
A violator of the restraining order specified in the preceding section shall be ordered to leave or put into the custody of an appropriate person until the executing proceeding is completed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When conducting a search, or a seizure, the judge, prosecutor, prosecuting investigator, judicial police officer, or judicial police shall present the search warrant or seizure ruling to the people present at such action, as described in Article 148, except in cases where a search warrant or seizure ruling is not required by law.

No occupied or guarded dwelling or other premises may be entered and searched or property seized at night unless the occupant, watchman, or his representative gives permission, or the circumstances are urgent.
If a search or seizure is executed at night, the reason therefore shall be stated in the record.
A search or seizure begun during the day may be continued till night.
The provision of section III of Article 100-3 shall apply mutatis mutandis to search and seizure executed at night.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The following premises may be entered at night for a search or seizure:
(1) A place occupied or used by a person on parole;
(2) A hotel, restaurant, or other premises open to the public at night during the period that it is open;
(3) A place frequently used for gambling, committing sexual offense against victim's free will, or committing offenses against morality.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a search or seizure is executed in an occupied or guarded dwelling or other premises, the occupant, watchman, or his representative shall be ordered to be present; in their absence, a neighbor or an official of a nearby self-governing body may be ordered to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a search or seizure is to be executed in a public office, military camp, naval vessel, or secret military place, the officer in charge thereof or his representative shall be notified to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The parties and the defense attorney during the stage of trial may be present at a search or seizure unless an accused is in confinement or it is considered that his presence would interfere with the search or seizure.
If it is considered to be necessary, an accused may be ordered to be present when a search or seizure is executed.
The time, date, and place of a search or seizure shall be communicated to the person who may be present in accordance with the preceding two sections unless circumstances are urgent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a search or seizure is temporarily suspended, the premises shall be locked and a person ordered to guard such premises if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If property which should be seized for another case is discovered while executing a search or seizure, such property may be seized and delivered to the court or public prosecutor having jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge or public prosecutor may request the judge or public prosecutor of the place where a search or seizure is to be made to execute such search or seizure.
If the requisitioned judge or public prosecutor discovers that the search or seizure shall be executed at another place, the judge or public prosecutor of such place may in turn forward such request to the judge or public prosecutor concerned.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Prior to a final conviction through trial, an accused is presumed to be innocent.
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The probative value of evidence shall be determined at the discretion and based on the firm confidence of the court, provided that it cannot be contrary to the rules of experience and logic. Evidence inadmissible, having not been lawfully investigated, shall not form the basis of a decision.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Confession of an accused not extracted by violence, threat, inducement, fraud, exhausting interrogation, unlawful detention or other improper means and consistent with facts may be admitted as evidence.
Confession of an accused, or a co-offender, shall not be used as the sole basis of conviction and other necessary evidence shall still be investigated to see if the confession is consistent with facts.
If the accused states that his confession was extracted by improper means, his confession shall be investigated prior to investigating other evidences; if the said confession is presented by the public prosecutor, the court shall order the public prosecutor to indicate the method to prove that the confession is obtained under the free will of the accused.
Where an accused has made no confession nor has there been any evidence, his guilt shall not be presumed merely because of his refusal to make a statement or remaining silent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No evidence is needed to be adduced to prove facts commonly known to the public.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No evidence is required to be adduced to prove such facts that are obvious to the court or become known to it in performing its functions.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court shall give the parties opportunities to state his opinion regarding the facts that are not required to be proven as specified in the preceding two articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Any confession or other unfavorable statement obtained from the accused or suspect in violation of provisions of Paragraph 2 of Article 93-1 or Paragraph 1 of Article 100-3 shall not be admitted as evidence. The preceding provision does not apply to a situation where it is proved that the said violation was not in bad faith and the confession or statement concerned was made voluntarily out of free will.
The provision of the preceding paragraph shall apply mutatis mutandis to the situation where a public prosecutor investigator, judicial police officer, or judicial policeman violates the provisions of Paragraph 1, Subparagraphs 2 or 3 or Paragraph 2 of Article 95 in interrogating an accused or suspect arrested with or without a warrant.

If a witness or expert witness fails to sign an affidavit to tell the truth, as required by law, his testimony or expert opinion shall not be admitted as evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The admissibility of the evidence, obtained in violation of the procedure prescribed by the law by an official in execution of criminal procedure, shall be determined by balancing the protection of human rights and the preservation of public interests, unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Unless otherwise provided by law, oral or written statements made out of trial by a person other than the accused, shall not be admitted as evidence.
The provision of the preceding section shall not apply to the circumstances specified in section II of Article 161, nor to the case in a summary trial proceeding or where sentencing is ordered by a summary judgment; the same rule shall apply to the review of the application for detention, search, detention for expert examination, permission for expert examination, perpetuation of evidence and other compulsive measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made out of trial by a person other than the accused to the judge shall be admitted as evidence.
Statements made in the investigation stage by a person other than the accused to the public prosecutor, shall be admitted as evidence unless it appears to be obviously unreliable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When the statements made, in the investigation stage, by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman are inconsistent with that made in trial, the prior statement may be admitted as evidence, provided that special circumstances exist indicating that the prior statements are more reliable, and that they are necessary in proving the facts of the criminal offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made in the investigation stage by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman may be admitted as evidence, if one of the following circumstances exists in trial and after proving the existence of special circumstances indicating its reliability and its necessity in proving the facts of criminal offense:
(1) The person died;
(2) The person has lost his memory or has been unable to make a statement due to physical or emotional impairment;
(3) The person cannot be summoned or has failed to respond to the summons due to the fact that he is staying in a foreign country or his whereabouts are unknown;
(4) The person has refused to testify in court without justified reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In addition to the circumstances specified in the preceding three articles, the following documents may also be admitted as evidence:
(1) Documents of recording nature, or documents of certifying nature made by a public official in performing his duty, unless circumstances exist making it obviously unreliable;
(2) Documents of recording nature, or documents of certifying nature made by a person in the course of performing professional duty or regular day to day business, unless circumstances exist making it obviously unreliable;
(3) Documents made in other reliable circumstances in addition to the special circumstances specified in the preceding two Items.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made out of trial by a person other than the accused, although not consistent with the provisions of the preceding four articles, may be admitted as evidence, if the party consents to its admissibility as evidence in the trial stage and the court believes its admissibility is proper after considering the circumstances under which the oral or written statement was made.
The party, agent, or defense attorney shall be deemed to have granted his consent specified in the preceding section, if during the investigation of evidence in the court he has knowledge of the existence of the circumstances specified in section I of Article 159 as to the inadmissibility of the evidence and fails to object to its admission before the conclusion of oral argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Personal opinion or speculation of a witness shall not be admitted as evidence, unless it is based on his personal experience.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The accused may indicate methods of proof favorable to him against the facts charged.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The parties, agent, defense attorney or assistant of the accused shall present opinion concerning the scope, order, and methods of evidence to be investigated.
The court shall make the ruling according to the opinions presented under the preceding section; changes can be made based on the motion from the parties, agent, defense attorney, or assistant of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court shall not investigate the confession of the accused that is admissible as evidence prior to investigating other evidence concerning the facts of the crime, unless otherwise specifically provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A party, agent, defense attorney, or assistant may request to examine the evidence and may question a witness, an expert witness, or the accused during such examination. This shall not be prohibited unless the presiding judge of the court deems it inappropriate.
The court may, for the purpose of discovering the truth, sua sponte examine the evidence. For the purpose of maintaining justice or discovering facts that are critical to the interest of the accused, the court shall sua sponte examine the evidence.
Before examining the evidence in accordance with the preceding paragraph, the court shall provide the parties, agent, defense attorney or assistant the opportunity to state their opinions.
The complainant may state his/her opinions in relation to matters of the examination of evidence, and may petition to the public prosecutor to make a request to the court for the examination of evidence.

Motion filed by parties, agent, defense attorney, or assistance of evidence investigation shall be in writing and contain the following matters in detail:
(1) The evidence to be investigated and its relationship with the fact to be proven;
(2) The name, gender, domicile or resident of the witness, expert witness, or interpreter to be subpoenaed and the estimated time spent for examination;
(3) A list of the evidential document, or other documents to be investigated; if part of the same shall be investigated, only that portion shall be filed.
The copies of the written motion shall be filed, according to the number of persons in the other party; the court shall deliver it promptly after receiving the same.
In case the written motion specified in section I of this Article cannot be filed for good reasons, or in case of emergency, the motion may be made orally.
In circumstances specified in the preceding section, the oral motion shall state clearly, the matters specified in the Items of section I of this article and it shall be put in the record by the clerk; if the other party is not present, the record shall be delivered to him.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may overrule, by a ruling, the motion for investigation of evidence filed by a party, agent, defense attorney, or assistant, if it deems to be unnecessary.
The following circumstances shall be deemed unnecessary:
(1) Inability to investigate;
(2) It bears no critical relationship with the fact to be proven;
(3) It is unnecessary to investigate because the facts to be proven is clear;
(4) Filing the motion again for the same evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall show the exhibit to the party, agent, defense attorney, or assistant and ask him to identify it.
If the exhibit specified in the preceding section is a document and the accused does not understand its meaning he shall be informed of its essential points.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Records and other documents in the file which may be used as evidence shall be read, by the presiding judge, to the party, agent, defense attorney, or assistant, or their essential points explained.
If the documents referred to in the preceding section are those against morality, public safety, or possibly defamatory, it shall be handled to the party, agent, defense attorney, or assistant for reviewing instead of reading it to these persons; if the accused does not understand its meaning, the essential points shall be explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provision of the preceding article shall apply mutatis mutandis to other evidential items other than documents which have the same effect as the document.
Audio recording, video recording, electronic record or other similar evidential items that can be used as evidence, shall be played, by the presiding judge, with appropriate equipment to reveal the sound, picture, signals, or information to the party, agent, defense attorney, or assistant to identify, or their essential points explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.
The examination of a witness or an expert witness shall be in the following order:
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Direct examination shall be made on the facts to be proven and other matters concerned.
To examine the probative value of the statement of the witness or expert witness, the direct examination may be made as to the necessary points thereof.
No leading question may be asked in direct examination, except for the following circumstances:
(1) The personal identity, education, experience of the witness or expert witness, and matters necessary to his social relationships prior to getting into the substantive matter being examined;
(2) The matter clearly not in dispute;
(3) For the purpose of refreshing the memory of the witness or expert witness in case the witness or expert witness has a vague memory;
(4) The witness or expert witness appears to be hostile or antagonistic to the examiner;
(5) The matters which the witness or expert witness is trying to avoid answering;
(6) The prior statement of the witness or expert witness, if it is inconsistent with his current statement;
(7) Other special circumstances that will validate the necessity of a leading question.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of cross examination shall be limited to the matters or its related matter revealed in direct examination, or the matters necessary for examining the probative value of the statements made by the witness or expert witness.
Leading question may be asked in cross examination if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Matters in supporting of new allegation by the cross-examiner may be brought out in cross examination with the court's permission.
The examination made as specified in the preceding section shall be treated as direct examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of redirect examination shall be limited to the matters or its related matters revealed in cross examination.
The redirect examination shall apply the rules of direct examination.
The provision of the preceding article shall apply mutatis mutandis to this article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of recross examination shall be limited to the matters necessary for examining the probative value of the evidence revealed in redirect examination.
The recross examination shall apply the rules of cross examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After examining a witness or an expert witness subpoenaed by the court on its own motion, the party, agent, or defense attorney may examine him, the order of doing the examination shall be determined by the court.
The presiding judge may continue to examine a witness or an expert witness after he has been examined by the party, agent, or defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The examining of a witness or an expert witness and the answers thereof shall be specific as to a particular point.
The following ways of examination shall be prohibited, unless the circumstances specified in items 5 through 8 exist and there is a good reason not to apply it:
(1) The question is unrelated to the subject case or the matter revealed by examination;
(2) The examination is conducted by ways of threat, insult, inducement, fraud, or other improper means;
(3) The question is abstract and lack of specification;
(4) The question is unjustifiable leading;
(5) The examination is based on hypothetical facts or facts unsupported by evidence;
(6) Repeated question;
(7) Asking the witness to state his personal opinion, speculation, or comment;
(8) The testimony may seriously injure the reputation, credit, or property of the witness or the persons who have the relationship with him as specified in section I of Article 180;
(9) The examination is addressed to matters that the witness has not personally experienced, or things that the expert witness has not personally examined;
(10) Other ways prohibited by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall not restrict or prohibit the examination of witness or expert witness by the party, agent, or defense attorney, unless the examination is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The party, agent, or defense attorney may object to the examination of witness or expert witness and the answer thereof for the reasons that it violates the law or regulation, or it is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The objection specified in the preceding article shall be made to a particular question or answer and it shall be immediately accompanied by brief reasons thereof.
The presiding judge shall make immediate ruling on the objection specified in the preceding section.
The opposing party, agent, or defense attorney may state his opinion about the objection prior to the presiding judge's making ruling.
The witness or expert witness shall not make statement between the time objection is made and the time a presiding judge's ruling is announced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall overrule an objection if it is determined that it was not timely made, it was made for delaying the proceeding or for other illegitimate purposes, unless the subject matter of objection, not timely made, has a critical relationship with the case at bar.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall overrule an objection if it is determined that it is was not supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall make a ruling to order the termination, withdrawal, cancellation, alteration, or other appropriate measures of the question being asked and the answer thereto as the case may be, if the objection is supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No appeal shall be made to the rulings specified in the preceding three articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of section II of Article 166-7, and Articles 167 through 167-6 shall apply mutatis mutandis to examination specified in section I of Article 163.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness or an expert witness may not leave the court without permission of the presiding judge notwithstanding that he has finished testifying.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The party, agent, defense attorney, or assistant may be present at the time a witness, an expert witness, or an interpreter is being examined.
The court shall send notice in advance regarding the date, time, and place of examination specified in preceding section, unless the unwillingness of being present had been declared ahead of time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a presiding judge foresees that a witness, an expert witness, or the other co-defendants will not freely state what he knows in the presence of the accused, he may, after considering the opinion of the public prosecutor and defense attorney, order the accused to leave the court, provided that after the testimony is concluded, the accused shall be ordered to reenter the court and the important points of the testimony shall be related to him. Also, the accused shall be offered the opportunity to examine or to confront that person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An associate judge who participates in a trial by panel of judges may, after informing the presiding judge, examine an accused, or examine a witness or expert witness by applying mutatis mutandis the provisions of section IV of Article 166 and section II of Article 166-6.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 164 through 170 shall apply mutatis mutandis to a court or commissioned judge in making examination according to the provisions of section I of Article 273, or Article 276 prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness shall be called to testify by a subpoena.
A subpoena shall contain the following matters:
(1) Full name, sex, domicile and residence of the witness;
(2) Principal facts of the case to be testified;
(3) Date, hour, and place of appearance;
(4) That the witness may be fined or an arrest warrant may be issued if he fails to appear without good reason;
(5) That the witness may request daily fees and traveling expenses.
A subpoena shall be signed by the public prosecutor during the stage of investigation or by the presiding judge or commissioned judge during the stage of the trial.
A subpoena shall be served at least twenty-four hours before the date of appearance unless the circumstances are urgent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 72 and 73 shall apply mutatis mutandis to the subpoenaing of a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Everyone shall have the obligation to be a witness in other's case unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In case a court deems it is necessary to subpoena a witness due to the motion of the party, agent, defense attorney, or assistant, the person making the motion shall urge the witness to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a witness is unable to appear or there are other necessary circumstances, after considering the opinion of the party or defense attorney, he may be examined where he is found or in the court of the judicial district in which he resides.
In circumstances specified in the preceding section, if there is audio and video transmission technical equipments that can communicate between the place where the witness is located and the court, the court may conduct the examination by utilizing the said technology if the court deems appropriate to do so.
In conducting the examination specified in the preceding two sections, the party, defense attorney, and agent may be present and may examine the witness; the court shall send notice in advance regarding the date and place of examination.
The provisions of the preceding two sections shall apply mutatis mutandis to the investigation stage.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A legally subpoenaed witness who fails to appear without good reason may be imposed a pecuniary penalty of not more than thirty thousand NT; in addition, he may be arrested with a warrant; if he fails to appear when being subpoenaed again, the same rule may be applied.
The pecuniary penalty specified in the preceding section shall be imposed by a ruling of the court; if the witness is subpoenaed by a public prosecutor, the said court shall be requested to make a ruling.
An interlocutory appeal may be taken from the ruling specified in the preceding section.
The provisions of Articles 77 through 83 and 89 through 91 shall apply mutatis mutandis to the arrest of a witness with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In examining a witness who is or was a public official on matters which should be kept confidential for official reasons, the permission of the competent supervising public office or officer must be obtained.
The permission specified in the preceding section may not be withheld unless the testimony would be harmful to the interests of the State.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness may refuse to testify under one of the following circumstances:
(1) The witness is or was the spouse, lineal blood relative, blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member of the accused or private prosecutor;
(2) The witness is betrothed to the accused or private prosecutor;
(3) The witness is or was the statutory agent of the accused or private prosecutor or the accused or private prosecutor is or was the statutory agent of such witness.
A person who has the relationship to one or more accused or private prosecutors specified in the preceding section may not refuse to testify on matters which relate only to the other accused or private prosecutors.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness may refuse to testify if his testimony may subject himself or the person having the relationship to him specified in section I of the preceding article to criminal prosecution or punishment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A person other than the accused may not refuse to testify in cross-examination on matters relating to the accused that has been revealed in direct-examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness who is or was a medical doctor, pharmacist, obstetrician, clergy, lawyer, defense attorney, notary public, accountant, or one who is or was an assistant of one of such persons and who because of his occupation has learned confidential matters relating to another may refuse to testify when he is questioned unless the permission of such other person is obtained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness who refuses to testify shall clearly state the reason for such refusal, provided that if one of the circumstances specified in Article 181 exists, such witness may be ordered to make an affidavit in lieu of stating the reason.
Approval or disapproval of a refusal to testify shall be by order of a public prosecutor during the stage of investigation or by the ruling of a presiding or commissioned judge during the stage of trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If there are several witnesses, they shall be examined separately; one who has not been examined may not be present without permission.
If it is necessary to discover the truth, witnesses may be ordered to confront each other or the accused, and such a confrontation between witnesses may also be ordered at the request of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In examining a witness, his identity and whether he has the relationship to an accused or private prosecutor specified in section I of Article 180 must first be investigated.
If a witness is found to have the relationship to an accused or private prosecutor specified in section I of Article 180, he shall be informed that he may refuse to testify.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness shall be ordered to make an affidavit that he will tell the truth unless one of the following circumstances exists:
(1) He is under the sixteenth year of his age;
(2) He is unable, because of mental disability, to understand the meaning and effect of an affidavit.
If a witness is under the circumstances specified in Article 181, he shall be informed that he may refuse to testify.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Before a witness signs an affidavit to tell the truth, he shall be informed of the obligation which it imposes and the punishment for perjury.
A witness who is not required to sign an affidavit to tell the truth shall be informed that he must tell the truth without concealment, qualification, addition, or modification.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An affidavit to tell the truth shall be signed before an examination starts, provided that if doubt exists as to whether such affidavit is required, it may be ordered to be signed after the examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An affidavit to tell the truth shall state that the testimony to be given is based upon actual facts without concealment, qualification, addition, or modification; if an affidavit to tell the truth is signed after an examination, it shall state that the testimony given was based upon actual facts without concealment, qualification, addition, or modification.
A witness shall be ordered to read aloud an affidavit to tell the truth; if the witness cannot read, the clerk shall be order to read aloud the affidavit to him and, if necessary, its meaning shall be explained.
A witness shall be ordered to place his signature, seal, or fingerprint on the affidavit to tell the truth.
If the witness is examined by utilizing technical equipments specified in section II of Article 177, the context of the affidavit to tell the truth may be transmitted to the court, or public prosecutor's office by electronic facsimile or other technical equipments followed by the original.
The rules governing the examination of a witness and the transmission of the content of affidavit to tell the truth specified in section II of Article 177 and the preceding section shall be set up by the Judicial Yuan and the Executive Yuan jointly.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness who is examined may be ordered to relate the facts of the matter about which he is being examined in order from beginning to end.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Article 74, Article 98, Article 99, Paragraph 1 and 2 of Article 100 shall apply mutatis mutandis to the examination of a witness.

A witness who refuses without good reason to sign an affidavit to tell the truth or to testify may be imposed a pecuniary penalty of not more than three thousand NT; the same rule shall apply to a witness who is required to sign an affidavit under the proviso of section I of Article 183, but who makes a false statement in the affidavit.
The provisions of sections II and III of Article 178 shall apply mutatis mutandis to the measures specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness may request legally fixed daily fees and traveling expenses unless he was arrested with a warrant or has refused without good reason to sign an affidavit to tell the truth or to testify.
The request specified in the preceding section shall be made to a court within ten days after completion of the examination, provided that a request for traveling expenses may be made in advance.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A presiding judge or public prosecutor may request the judge or public prosecutor of a place where a witness is found to examine him; if the witness cannot be found at such place, the judge or public prosecutor of such place may in turn make such request of a judge or public prosecutor of a place where the accused may be found.
The provision of section III of Article 177 shall apply mutatis mutandis to the requisitioned examination of the witness.
A requisitioned judge or public prosecutor who examines a witness shall have the same rights as the presiding judge or public prosecutor of the court in which the case is pending.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness shall not be called to testify again where has been legally examined by a judge, and the parties has been offered the opportunity to cross examine witness, whose statement is clear and definite, and there is no necessity for further examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judicial police officer or judicial policeman may, for the purposes of investigating the circumstances of an offense and collecting evidence, may use written notification to summon the witness for interrogation if necessary.
The provisions of section II of Article 71-1, Article 73, Article 74, Items I through III of section II and section IV of Article 175, section I and section III of Article 177, Articles 179 through 182, Article 184, Article 185 and Article 192 shall apply mutatis mutandis to the summons and interrogation of witness specified in preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Except as otherwise provided in this Section an expert witness is subject mutatis mutandis to the provisions of the preceding Section relating to a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A presiding judge, commissioned judge, or public prosecutor may select one or more expert witnesses from the following:
(1) A person who has special knowledge and experience concerning the matter which requires expert opinion;
(2) A person who is commissioned by a public office to perform duties of an expert witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An expert witness shall not be arrested with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A party may object to an expert witness for the same reasons as those which he may motion for the disqualification of a judge, provided that the fact that he has already been a witness or an expert witness in that particular case may not constitute a reason for objection.
A party may not object to an expert witness after he has testified or made a report regarding a matter which requires expert opinion, provided that this limitation does not apply if the reason therefor arose or became known thereafter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an objection is made to an expert witness, the reason for such objection and the facts specified in the proviso of section II of the preceding article shall be clearly indicated.
Approval or disapproval of an objection to an expert witness shall be made by order of a public prosecutor during the stage of investigation or by a ruling of the presiding or commissioned judge during the stage of trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An expert witness shall sign an affidavit to tell the truth before giving expert testimony; such affidavit shall state that such testimony is impartial and honest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If necessary, a presiding or commissioned judge or public prosecutor may permit an expert witness to make an expert examination outside the court.
The thing which requires an expert examination may be given to an expert witness under the circumstances specified in the preceding section.
If expert examination of the mental or physical condition of an accused is necessary, such accused may be sent to a hospital or other suitable establishment for a prescribed period not more than seven days.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A writ of detention for expert examination shall be issued for the circumstances specified in section III of the preceding article, unless the person being examined has been arrested with or without a warrant and the period is within twenty-four hours since the arrest.
A writ of detention for expert examination shall contain the following matters:
(1) Full name, sex, age, birth place, domicile or residence of the accused;
(2) Offense charged;
(3) The matter which requires exert examination;
(4) The establishment that the accused shall be detained and the prescribed period of detention;
(5) The relief that an accused can seek if he disagrees with the decision on detention for expert examination.
The provision of section III of Article 71 shall apply mutatis mutandis to the writ of detention for expert examination.
A writ of detention for expert examination shall be signed by a judge. A public prosecutor may apply the court to issue a writ of detention for expert examination if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Detention of an accused for expert examination shall be executed by a judicial policeman who shall send the accused to the detaining establishment. The administrative staff in charge thereof shall, after examining the identity of the accused, make a remark regarding the date and time of receiving on the writ and sign thereon.
The provisions of Article 89 and 90 shall apply mutatis mutandis to the execution of writ of detention of expert examination.
In executing the detention for expert examination, the writ of detention for expert examination shall be sent to the public prosecutor, expert witness, defense attorney, accused and relative or friend appointed by the accused.
A court or public prosecutor may muto proprio or upon the application of the administrative staff of the detaining establishment order that the accused be guarded by a policeman, if it is necessary for the execution of detention for expert examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may during the stage of trial, muto proprio, or during the stage of investigations, upon the application of a public prosecutor, extend or reduce the prescribed period for detention for expert examination by a ruling, provided that the extension made thereof shall not exceed two months.
The court may, during the stage of trial, muto proprio, or during the stage of investigation, upon application of a public prosecutor, change the place of detention by a ruling, provided that the change is necessary for safety purposes or other good reasons.
The public prosecutor, expert witness, defense attorney, accused and relative or friend appointed by the accused shall be notified of the rulings of the court specified in preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused is subject to the execution of the expert examination specified in section III of Article 203, the days spend in detention for expert examination shall be counted against the days for detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an expert examination is necessary, an expert witness may physically examine a person, conduct an autopsy, destroy a thing or enter into an occupied or guarded dwelling or other premises with the permission of the presiding or commissioned judge or public prosecutor.
The provisions of Article 127, Articles 146 through 149, Article 215, section I of Article 216 and Article 217 shall apply mutatis mutandis to the circumstances specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A written permission is required for the permission of expert examination specified in section I of the preceding article, unless the expert examination is conducted in the presence of the presiding judge, commissioned judge or public prosecutor.
A written permission shall contain the following matters:
(1) Offense charged;
(2) The person subject to physical examination or body subject to autopsy, the thing to be destroyed, or the occupied or guarded dwelling or other premises to be entered into;
(3) Matter that needs expert opinion;
(4) Full name of the expert witness;
(5) The period within which the permitted action has to be executed.
A written permission shall be signed, during the stage of investigation, by a public prosecutor, and during the stage of trial, by a presiding judge or a commissioned judge.
Appropriate conditions may be added to the terms of a written permission specified in section I of this article for physical examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An expert witness shall display the written permission specified in section I of the preceding article together with document for his identity at the time of execution of the measures specified in section I of Article 204.
A written permission for expert examination may not be executed after expiration date, the same shall be returned to the issuing authority.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A person other than the accused may be imposed a pecuniary penalty of not more than thirty thousand NT if he refuses to be physically examined as specified in section I of Article 204 without justified reasons; he is also subject mutatis mutandis to the provision of sections II and III of Article 178.
In case the measures specified in section I of Article 204 is refused, the presiding judge, commissioned judge, or public prosecutor may lead the expert witness to execute it; the provisions of the Section of Inspections shall apply mutatis mutandis to this section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an expert examination is necessary, an expert witness may examine the record or exhibits with the permission of the presiding or commissioned judge or public prosecutor; such witness may request that the record or exhibits be collected or produced.
An expert witness may request the court or public prosecutor to examine an accused or private prosecutor or witness and the permission to be present and question them directly.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an expert examination is necessary, an expert witness may gather samples of body fluid, feces, blood, hair, or other bodily growth or bodily appendages, and to take fingerprint, footprint, voice sampler, handwriting, photo or other actions of like kind with the permission of the presiding or commissioned judge or public prosecutor.
The measures specified in the preceding section shall be specified in written permission under section II of Article 204-1.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A public prosecuting affairs official, judicial police officer, or judicial policeman may, for the purposes of investigating the circumstances of an offense and collecting evidence, if necessary, gather fingerprint, handprint, footprint, and take picture, height and the like of a suspect or an accused arrested with or without a warrant, against his will; gathering samples of hair, saliva, urine, voice sampler, or exhalation may be made if there is probable cause to believe that the same can be used as the evidence of crime.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An expert witness shall be ordered to make a report of his findings and results verbally or in writing.
If there are several expert witnesses, they may be ordered to make a joint report, but if their opinions differ, they shall be required to make separate reports.
If a report of an expert witness is submitted in writing, he may be required to explain it verbally if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court or public prosecutor may notify the party, agent, or defense attorney for his presence at the expert examination if necessary.
The provision of section II of Article 168 shall apply mutatis mutandis to the circumstances specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an expert examination is incomplete, the number of expert witnesses may be increased or another expert witness may be ordered to continue it or begin it anew.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court or public prosecutor may request a hospital, school, or other suitable establishment or group to make an expert examination or to review the examination of another expert witness; also, subject mutatis mutandis to the provisions of Articles 203 through Article 206-1; if a report or explanation should be made verbally, the person who actually made an expert examination or the person who reviewed the examination of another expert witness may be ordered to do it.
The provisions of section I of Article 163, Articles 166 through 167-7, and Article 202 shall apply mutatis mutandis to the circumstances of verbal report or explanation made by the person who actually made an expert examination or the person who reviewed the examination of another expert witness as specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In addition to daily fees and traveling expenses fixed by law, an expert witness may request from the court appropriate compensation and expenses for making an expert examination, the latter can be requested in advance.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Provisions relating to witnesses shall apply mutatis mutandis to the examination of a person who because of special knowledge is acquainted with past facts.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of this Section shall apply mutatis mutandis to an interpreter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A court or public prosecutor may make an inspection in order to investigate the evidence or circumstances of an offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An inspection may include the following measures:
(1) Examining the place of the offense or other place connected therewith;
(2) Physically examining a person;
(3) Examining a corpse;
(4) Conducting an autopsy;
(5) Examining property connected with the case;
(6) Performing other necessary measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness or expert witness may be ordered to be present at the time of an inspection.
A party, an agent, or a defense attorney may be notified to be present at the time of an inspection to be conducted by public prosecutor, if necessary.
The party, agent or defense attorney shall be notified in advance of the date, time, and place of conducting inspection, unless unwillingness to be present had been clearly stated or emergent circumstances exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Examination of a person other than an accused may be made only if there is probable cause to believe that it is necessary in investigating the circumstances of the offense.
The person specified in the preceding section may be subpoenaed to be present or to go to other designated establishment for inspection, subject mutatis mutandis to the provisions of Articles 72, 73, 175 and 178.
In examining the person of a female, a medical doctor or a woman shall be ordered to conduct it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The identity of a corpse shall be clearly determined before it is examined or an autopsy is conducted.
In examining a corpse, a medical doctor or examining official shall be ordered to conduct it.
In conducting an autopsy, a medical doctor shall be ordered to do it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In order to examine a corpse or to conduct an autopsy, a corpse or part of it may be retained temporarily or a coffin or grave opened.
A spouse or relative residing in the same house or nearest relative of a deceased shall be notified that he may attend an examination of a corpse, autopsy, or opening of a coffin or grave.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a person dies or is suspected of dying from an unnatural cause, the public prosecutor having competent jurisdiction shall immediately examine him.
A public prosecutor may order a public prosecuting affairs official, together with a coroner, a doctor, or an examining official, to conduct the examination specified in the preceding section; if it is apparent that there is no suspicion of an offense committed, the public prosecutor may instruct a judicial police office, together with a coroner, a doctor, or an examining official to conduct the examination.
When completing the examination as specified in the preceding section, the case file and evidence associated with the examination shall be immediately reported to the public prosecutor; if there is suspicion that a crime has been committed, the public prosecutor shall continue to conduct the necessary inspection and investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 127, 132, 146 through 151, and 153 of this code shall apply mutatis mutandis to an inspection.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If it is apprehended that the evidence may be destroyed, forged, altered, concealed, or hard to be used, the complainant, suspect, accused, or defense attorney may, during the stage of investigation, apply to the public prosecutor to conduct a search, seizure, expert examination, inspection, examination of a witness, or other necessary perpetuating measures.
A public prosecutor shall make perpetuating measures within five days of receiving the application specified in the preceding section, unless the application is deemed illegal or unsupported by good reason and is overruled.
If the public prosecutor overrules the application specified in the preceding section, or fails to make any perpetuation measures within the period specified in the preceding section, the applicant may apply directly to the court with proper jurisdiction for perpetuation of evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court shall, by a ruling, after consulting with the public prosecutor, overrule the application specified in section III of the preceding article, if the application does not comply with legal formality or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court shall grant the application for perpetuation of evidence by a ruling, if the court determined that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The application for perpetuation of evidence under Article 219-1 shall be made to the public prosecutor in the stage of investigation, provided that if the case has not been transferred or reported to the public prosecutor, the same should be made to the public prosecutor of the public prosecutor's office of the district court where the office of the judicial police officer or judicial policeman, investigating the case located.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

During the trial at the first instance, the accused, or defense attorney may, before the first trial date, apply to the court or commissioned judge for perpetuation of evidence if necessary; in case of emergency, the said application may be made to the district court where the person, to be examined, resides or the evidence is located.
The same rule specified in the preceding section shall apply to the case when prior to the first trial date the public prosecutor or private prosecutor deems it is necessary to perpetuate the evidence.
The provision of section II of Article 279 shall apply mutatis mutandis to the circumstance when a commissioned judge deems it is necessary to perpetuate the evidence.
The court shall, by a ruling, immediately overrule the application for perpetuation of evidence if the application does not comply with legal formality, or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court or the commissioned judge shall grant the application for perpetuation of evidence by a ruling, if the court or the commissioned judge determines that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Application for perpetuation of evidence shall be made in writing.
The written application for perpetuation of evidence shall contain the following matters:
(1) Brief statement of the case;
(2) The evidence to be perpetuated and the method of perpetuation;
(3) The fact to be proven by the evidence;
(4) The reason for such perpetuation of evidence.
Reason for Item IV of the preceding section shall be clearly indicated.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A complainant, a suspect, an accused, a defense attorney, or an agent may be present at the time of the perpetuation of evidence executed upon his application, unless it is apprehended that his presence shall be harmful to the execution of perpetuation of evidence.
The person who may be present at the time of execution of perpetuation of evidence in the preceding section shall be notified of the date, time and place of the same, unless the existence of emergent circumstances makes the timely notification impossible, or the suspect or accused is in detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

During the stage of investigation, the evidence perpetuated shall be kept by the public prosecutor concerned, provided that if the case is currently investigated by a judicial police officer or judicial policeman, under a ruling of the court granting the perpetuation of evidence, the evidence so perpetuated shall be kept by the public prosecutor of the office of public prosecutor in the district court where the office of the judicial police officer or judicial policeman is located.
During the stage of trial, the evidence perpetrated shall be kept by the court ordered such perpetration, provided that if the case is pending in other court, the said evidence shall be delivered to that court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The perpetuation of evidence shall subject mutatis mutandis to the provisions of this chapter, the preceding chapter and Article 248, unless otherwise provided.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A decision shall be in the form of a ruling unless this Code provides that it shall be in the form of a judgment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judgment shall be based on the oral arguments of the parties unless there is a special provision to the contrary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A ruling on a motion made in open court shall be based on the oral statements of the parties.
If necessary, the court may investigate the facts before making a ruling.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judgment shall set forth the reasons therefor; the same rule shall apply to rulings to which there may be an interlocutory appeal or to rulings dismissing a motion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judgment shall be pronounced unless there has been no oral argument.
Only rulings in open court shall be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judgment shall be pronounced by reading aloud the syllabus, explaining its meaning, and stating the principal parts of the reasons.
A ruling shall be pronounced by explaining its meaning and, if there are explanatory reasons, by stating the reasons.
A judgment or ruling to be pronounced pursuant to the preceding two sections shall be published on the next day after its pronouncement, and the party shall also be notified of the same.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a written decision is required, the original thereof shall be given to the clerk on the same day it is pronounced, provided that if a judgment is pronounced on the date the verbal argument is ending, then it shall be given within five days thereafter.
The clerk shall make note regarding the date of receipt on the original of the decision and sign thereon.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If there is a written decision, a true copy of the written decision shall be served on the parties, agent, defense attorney, or other persons concerned unless otherwise specially provided.
The service specified in the preceding section shall be made not later than seven days after the original copy is received.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.