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.