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.