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.