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.