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.