The accused may at any time retain defense attorneys. The same rule applies to a suspect under investigation by judicial police officers or judicial policemen.
A statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, or family member may independently retain a defense attorney for the accused or suspect.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, a person from the group as described in the preceding paragraph, shall be notified to retain a defense attorney for the accused or suspect. However, this rule does not apply where a person from the said group cannot be reached.

An accused may not retain more than three defense attorneys.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A defense attorney shall be a lawyer, provided that if permission is obtained from the presiding judge at trial, a person who is not a lawyer may be retained as a defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The retention of a defense attorney shall be in the form of a power of attorney.
The power of attorney for the retention of a defense attorney specified in the preceding section shall be submitted to the public prosecutor or judicial police officer before initiation of prosecution or to the courts of different levels thereafter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the accused has not retained a defense attorney in any one of the following circumstances, the presiding judge shall appoint a public defender or attorney for the defendant:
1. Where the minimum punishment is no less than three-year imprisonment.
2. Where a high court has jurisdiction over the first instance.
3. Where the accused is unable to make a complete statement due to mental disorder or other mental deficiencies.
4. Where the accused is an aborigine, and is being prosecuted or is put on trial following normal proceedings.
5. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney.
6. Where the presiding judge deems it necessary for the case.
If the retained attorney, in the said case as described in the preceding paragraph, without just cause, does not appear in court during the trial dates, the presiding judge may appoint a public defender or attorney.
A single public defender may be appointed to represent more than one accused. However, this rule does not apply where there is conflict of interests between the accused.
Where after a public defender is appointed, the accused who retains a defense attorney may revoke the appointment.
If the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies, or who is an aborigine, has not retained a defense attorney during an investigation, the prosecutor, judicial police officer, or judicial police should notify a legally established legal aid agency to assign an attorney for the accused's or suspect's defense. However, if the accused or suspect requests an immediate interrogation or questioning, or if the defense attorney is not present after more than a four-hour wait, the interrogation or questioning may be commenced.

If the defendant has not retained a defense attorney during the detention hearing of an investigation, the presiding judge shall appoint a public defender or attorney for the accused. However, this rule does not apply where the wait for the appointed defense attorney's appearance exceeds four hours, and the accused requests the commencement of the interrogation.
If the retained defense attorney, as described in the preceding paragraph, does not appear in court without just cause, the presiding judge may appoint a public defender or attorney.
The provisions of Paragraphs 3 and 4 of the preceding Article apply mutatis mutandis to the conditions as described in Paragraph 1.

If an accused has several defense attorneys, documents shall be served upon them separately.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A defense attorney may examine the case file and seizure of material or documentary exhibits, and make copies, reproduce or take photographs thereof during the trial.
The defendant may prepay the costs and request for handing over the copies of the case file and seizure of material or documentary exhibits during the trial. However, if the content of the case file and seizure of material or documentary exhibits is not related to the fact charged of the defendant, or is sufficient to hinder the investigation of another case, or involves the privacy or business secret of the party or a third party, the court may restrict it.
The defendant may, with the approval of the court during the trial, review the case file and seizure of material or documentary exhibitsunder the precondition that the security of the case file and seizure of material or documentary exhibitsis safeguarded. However, the court may restrict it if the circumstances under the proviso of the preceding paragraph exist, or it is not the necessity of the effective exercise of the right of defense for the defendant.
Appeals against the restrictions imposed pursuant to the provisos of the preceding two paragraphs may be filed.
The person holding the contents of the case file and seizure of material or documentary exhibits pursuant to Paragraph 1 and Paragraph 2 must not use such contents for an improper purpose.

Unless stipulated otherwise, the defense attorney may inspect the case file and evidence, as well as copy, or film, during a detention hearing proceedings of an investigation.
The evidence or information as described in the preceding paragraph, that the defense attorney possesses or is aware of, shall not be made public, revealed or used for illegitimate purposes.
For an accused without the representation of an attorney during the detention hearing proceedings of an investigation, the court shall present the accused with the contents of the case file and evidence by using appropriate methods.

The defense attorney may interview, and have correspondence with, the accused in detention. Such rights may not be restricted, unless there is sufficient evidence to prove that the attorney may destroy, fabricate, or alter evidence, or may collude with accomplices or witnesses.
The interview and correspondence between a defense attorney and the accused, or suspect, who is arrested with or without a warrant during an investigation, shall not be restricted. However, the duration of the interview shall not exceed one hour, and the number of interviews is limited to one time only. The elapsed time of the interview shall be deemed as one of the conditions, which is to be excluded from the 24-hour calculation as provided for in Article 93-1.
When it is in an urgent situation and the prosecutor has valid reasons, the interview as described in the preceding paragraph may be postponed, and the prosecutor may designate the time and place for an immediate interview. Such a designation shall not jeopardize the legitimate defense of the accused, or suspect, and the defense attorney's rights as described in the provisions of the first half of paragraph 2 of Article 245.

To restrict the interview or correspondence between the defense attorney and the accused in detention, a restriction order shall be issued.
A restriction order shall be furnished with following information:
1. The accused's name, gender, age, domicile or residence, and the defense attorney's name;
2. Case summary.
3. Specific reasons for the restriction, and the facts on which they are based.
4. Specific methods for the restriction.
5. Remedial actions may be taken if there is an objection to the restriction order.
The provisions of Article 71 paragraph 3 shall apply mutatis mutandis to the restriction order.
The restriction order, after it is signed by the judge, is sent to the prosecutor, the detention center, the defense attorney, and the accused.
Where it is deemed by the prosecutor as necessary to impose restrictions during the investigation, a written request, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with relevant documents, shall be submitted to the concerned court for such a restriction. However, in the case of an urgent situation, a restriction may be imposed first, and application for a restriction order shall be submitted to the concerned court within 24 hours. The concerned court shall respond with a decision within 48 hours of accepting the application. If the prosecutor does not submit the request within 24 hours, or if the request is rejected, the restriction shall be terminated.
If the request, as described in the preceding paragraph, is rejected, the decision shall not be challenged.

After the prosecution has been commenced, a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, or statutory agent of the accused or private prosecutor may apply to the court in a written, or in an oral statement, on the trial date, for permission to act as the assistant of the accused, or private prosecutor.
An assistant may act upon the suit as described in this Act, and may make statements in the court. However, such statements may not be contrary to the clearly expressed opinion of the accused or private prosecutor.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, he/she shall be accompanied by an assistant, as described in the first paragraph of this article, or by an authorized agent, or a social worker, appointed by a governmental agency or a relevant social welfare organization, or accompanied by other professionals. However, this rule does not apply, where the said accompanying assistant, after a legal notification is served, fails to appear in court without just cause.

In cases where maximum punishment is detention or a fine only, an accused may, at trial or in the investigation, authorize an agent to appear before the court or public prosecutor, provided that if the court or public prosecutor considers it necessary, the accused may be ordered to appear in person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A private prosecutor shall authorize an agent to appear before the court by a power of attorney, provided that if the court considers it necessary, the private prosecutor may be ordered to appear in person.
The agent referred to in the preceding section shall be a lawyer.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 28, 30, 32 and Paragraph 1 of Article 33 shall apply mutatis mutandis to an agent of an accused, or a private prosecutor, and the provision of Article 29 shall also apply to an agent of an accused mutatis mutandis.

The regulations regarding the examination of the case files and exhibits, and transcribing, reproducing or taking photographs of them during the trial stage shall be made by the Judicial Yuan in consultation with the Executive Yuan.