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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 19:20
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Chapter Law Content

PART I GENERAL PROVISIONS
CHAPTER VI SERVICE
Article 55
An accused, private prosecutor, complainant, party to a supplementary civil action, agent, defense attorney, assistant, or victim of the case, shall, for the purpose of service, give his domicile, residence or office address to the court or public prosecutor; in case the victim died, the same shall be done by his spouse, children, or parents; if he has no domicile, residence or office address within the judicial district of the court, a person having a residence or office within such district shall be delegated to receive service for him.
The addresses specified in the preceding section shall be valid for courts of all levels in the same district.
Service on the person delegated shall be considered to be service on the principal.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 56
The provisions of the preceding article shall not apply to a person in prison or detention house.
If a person to be served is in a prison or detention house, the service shall be entrusted to the officer in charge of such prison or detention house.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 57
If an address has not been given by the person to be served with the process as provided in Article 55, the process may nevertheless be served at the domicile, residence, or office address of such a person if it is known to the clerk of court.
Article 58
The service of documents to a public prosecutor shall be made to the public prosecutor in charge of the case concerned. Where the public prosecutor in charge is not present in the office, the service shall be made to the chief prosecutor concerned or to the Prosecutor General.
Article 59
Service may be made on an accused, private prosecutor, complainant, or party to a supplementary civil action by publication under one of the following circumstances:
(1) The domicile, residence, office, and location are unknown;
(2) Service is made by registered mail, but such mail cannot be delivered;
(3) Residence is in a place outside the jurisdiction, and no other method of service can be found.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 60
Service by publication shall be executed by a clerk, with the relevant permission of a court, the Prosecutor General, a chief prosecutor, or a public prosecutor, in addition to posting the document to be served or its abbreviated copy on the bulletin board of the court, by publishing the said document in a newspaper or by giving notification or publishing it by other appropriate methods.
The service by publication specified in the preceding paragraph shall be effective thirty days after the last publication in a newspaper, notification or publication of the document concerned.
Article 61
Aninstrument shall be served by a judicial policeman, or through the post office.
If the aforesaid instrument is a judgment, ruling, decision not to prosecute, or decision to defer the prosecution, the process server thereof shall prepare a certificate of acceptance recording the items listed in the certificate of service and sign his/her name thereon before giving it to the receiver.
If a subpoena before an arrest with a warrant is served by the postal office, the postal carrier shall be the process server, and the subpoena shall be mailed by registered post; the implementation method shall be determined by the Judicial Yuan together with the Executive Yuan.
Article 62
Unless otherwise provided by special provisions in this Chapter, the provisions of the Code of Civil Procedure shall apply mutatis mutandis to the service of a document.

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