To summon an accused, a summons shall be issued.
A summons shall state the following matters:
(1) Full name, sex, date of birth, identification number, and domicile or residence of the accused;
(2) Offense charged;
(3) Date, time, and place for appearance;
(4) That a warrant of arrest may be ordered if the accused fails to appear without justifiable causes.
Where the name of an accused is unknown or there are other circumstances which make it necessary, a summons shall state the marks or characteristics that are sufficient to identify the accused. Where the date of birth, identification number, or domicile or residence of the accused is unknown, those unknown information does not need to be stated in the summons.
A summons shall be signed by a public prosecutor during the investigation stage or by a presiding or commissioned judge during the trial stage.

A judicial police officer or judicial policeman, for the necessity of investigating a suspect's involvement in a crime and collecting relevant evidence, may call by a notice the suspect to appear for interrogation. If the suspect, without good reason, fails to appear after a notice has been legally served, the public prosecutor may be sought to issue an arrest warrant.
The notice specified in the preceding section shall be signed by the head of the judicial police office. Item 1 through Item 3 of section II of the preceding Article shall apply mutatis mutandis to the matters to be stipulated in the notice.

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

The fact that an accused has appeared and is personally informed of the date, time, and place for his next appearance and that an arrest warrant may be ordered if he fails to appear, all of which is made a matter of record, shall have the same effect as the service of a summons. The same rule shall apply if an accused states in writing that he will appear at the appointed time.

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

If an accused who is to be summoned is in a prison or detention house, the officer in charge of such prison or detention house shall be notified thereof.

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

An accused who appears when summoned shall be examined at the scheduled time unless there are circumstances which make such examination impossible.

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

An accused, who without good reason fails to appear after he has been legally summoned, may be arrested with a warrant.

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

Where an accused is strongly suspected of having committed an offense, and where there exists one of the following circumstances, the accused may be arrested with a warrant without first being served with a summons, if necessary:
(1) The accused has no fixed domicile or residence;
(2) The accused has absconded or there are facts sufficient to justify the view that the accused may abscond;
(3) There are facts sufficient to justify a view that the accused may destroy, forge, or alter evidence, or conspire with a co-offender or witness;
(4) The accused has committed an offense punishable with death penalty or life imprisonment, or with a minimum punishment of imprisonment for not less than five years.

An arrest warrant is required to execute the arrest of an accused.
An arrest warrant shall contain the following matters:
(1) Full name, sex, age, native place, and domicile or residence of the accused. If the age, native place, domicile or residence is unknown, it does not need to be included;
(2) Offense charged;
(3) Reason for the arrest;
(4) Place to which the accused is to be taken.
The provisions of sections III and IV of Article 71 shall apply mutatis mutandis to an arrest warrant.

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

An arrest warrant shall be executed by a judicial policeman or judicial police officer, and the period for making such an arrest may be prescribed.
Several copies of an arrest warrant may be issued and given to several persons for execution.

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

An arrest warrant shall consist of two slips, and in making an arrest one slip thereof shall be handed to the accused or members of his family.

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

After an arrest with a warrant is made, the place, date, and time of execution shall be noted on such warrant; if no arrest can be made, the reason therefor shall be noted, and the warrant shall be signed by the person who executed the arrest warrant and forwarded to the public official who ordered the arrest.

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

If it is necessary, a judicial policeman or judicial police officer may make an arrest with a warrant outside his judicial district or request a judicial police officer of that place to make the arrest.

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

A presiding judge or public prosecutor may specify the matters which should be contained in a warrant and request the public prosecutor of a place where the accused may be found to make an arrest with a warrant; if the accused is not at such place, the requisitioned public prosecutor of such place may in turn entrust the matter to the public prosecutor of the place where the accused may be found.

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

If the accused is in active service in the military, his arrest shall be executed by informing his superior officer of the warrant and requesting the officer's assistance in executing it.

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

If an accused has absconded or is in hiding, a circular order may be issued for his arrest.

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

For making notice to arrest a wanted accused, a circular order shall be issued.
A circular order shall state the following matters:
(1) Full name, sex, date of birth, identification number, domicile or residence, and other marks or characteristics that are sufficient to identify the accused. Where the date of birth or the domicile or residence is unknown, those unknown information does not need to be stated in the circular order;
(2) Facts of being accused;
(3) Reasons for being wanted by the circular order;
(4) Date, time, and place of the commission of the offense unless unknown;
(5) Place to which the accused is to be taken under escort.
A circular order shall be signed by the Prosecutor General or a chief prosecutor during the investigation stage and by the president of a court during the trial stage.

Public prosecutors and judicial police officers of neighboring or other judicial districts shall be informed of the issuance of a circular order; if it is necessary, the order may be published in a newspaper or via other mediums.

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

After notice has been given of the issuance of a circular order or it has been published, a public prosecutor or judicial police officer may arrest the accused with or without a warrant.
An interested party may arrest an accused designated in a circular order to arrest and turn him over to the public prosecutor or judicial police officer or request the public prosecutor or judicial police officer to arrest him.
When the reason for the issuance of a circular order to arrest no longer exists or a circular order to arrest is apparently unnecessary, the order shall be canceled immediately.
Provisions of the preceding Article shall apply mutatis mutandis to the notification or publication of the cancellation of a circular order to arrest.

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

A person in flagrante delicto may be arrested without a warrant by any person.
A person in flagrante delicto is a person who is discovered in the act of committing an offense or immediately thereafter.
A person is considered to be in flagrante delicto under one of the following circumstances:
(1) He is pursued with cries that he is an offender;
(2) He is found in possession of a weapon, stolen property, or other items sufficient to warrant a suspicion that he is an offender or his body, clothes and the like show traces of the commission of an offense sufficient to warrant such suspicion.

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

When investigating an offense when one of the following circumstances exists and the circumstances are urgent, a public prosecutor, judicial police officer, or judicial policeman may make an arrest without a warrant:
(1) Where a person is strongly implicated to be a co-offender on ground of the statement of a person in flagrante delicto in addition to facts sufficient to warrant such strong implication;
(2) Where a person who has escaped from custody while serving a sentence or while in detention;
(3) Where facts are sufficient to warrant that a person is strongly suspected of having committed an offense, and the person runs away after being stopped and interrogated, unless the offense such a person is suspected of having committed is obviously an offence with maximum punishment being imprisonment for not more than one year or detention, or may only be punished by a fine;
(4) Where a person who is strongly suspected of having committed an offense punishable by the death penalty, life imprisonment, or with minimum punishment of imprisonment for not less than five years, and there are facts sufficient to justify a view that such a person may abscond.
The arrest specified in the preceding paragraph, when executed by a public prosecutor in person, may be made without a warrant. When the arrest is executed by a judicial police officer or judicial policeman, it may be made without a warrant only when the circumstance is so urgent that it is impossible to report the circumstances to a public prosecutor, and an application for the issuance of an arrest warrant shall be made to a public prosecutor immediately after the arrest. If the public prosecutor refuses to issue a warrant, the person under arrest shall be released immediately.
A public prosecutor, judicial police officer or judicial policeman who arrests a suspect in accordance with the procedures as stipulated in Paragraph 1 above shall immediately inform the person under arrest and his/her family member that a defense attorney may be retained to be present.

In executing an arrest with or without a warrant, reasons for the arrest with or without a warrant as well as items specified in Article 95, Paragraph 1 the accused or suspect shall be told on the spot to the accused or the suspect, and due care shall be taken of the person and reputation of the accused or the suspect.
In circumstances of the preceding paragraph, the accused, the suspect of an offense, and their designated relatives or friends shall be notified in writing of the reasons for the arrest with or without a warrant.

When executing an arrest, with or without a warrant, or when escorting the accused, instruments of restraint may be used by guards, but only to the extent necessary.
In circumstances of the preceding paragraph, due care shall be taken of the person and reputation of the accused or the suspect by not deliberately displaying the instruments of restraint used. As soon as the use of instruments of restraint is deemed no longer necessary, the instruments of restraint shall be removed.
The regulations regarding the extent, manner, procedures and other requirements of the use of the instruments of restraint shall be made by the Executive Yuan in consultation with the Judicial Yuan.

If an accused resists the arrest made with or without a warrant or if he escapes, he may be arrested by force with or without a warrant, but such force may not be excessive.

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

If an accused is arrested with a warrant or because of a circular order to arrest without a warrant, he shall be brought immediately to the place designated; if such a place cannot be reached within twenty four hours, the arrestee shall be brought to the nearest court or public prosecutor's office, depending on whether the arrest warrant or circular order to arrest was ordered by the former or the latter, for examination to determine whether there has been mistakes as to his identity.

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

When a person who has no authority to investigate an offense arrests without a warrant a person in flagrante delicto, he shall immediately hand the arrestee over to a public prosecutor, judicial police officer, or judicial policeman.
A judicial police officer or judicial policeman who arrests without a warrant or receives a person in flagrante delicto shall immediately send the arrestee to a public prosecutor. If the offense committed is punishable with maximum punishment of imprisonment for no more than one year, or detention, or sole fine, or if the offense committed is one that prosecution may be instituted only upon complaint or request and that the time period to initiate such compliant or request has lapsed, then with the public prosecutor's approval, the arrestee needs not be sent to a public prosecutor.
A person who arrests without a warrant a person in flagrante delicto as specified in section I shall be questioned concerning his full name, domicile or residence, and the reasons for the arrest.

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

An accused or a suspect, arrested with or without a warrant, shall be interrogated immediately.
During the investigation, if the prosecutor deems it necessary to detain the accused or suspect after interrogation, a petition that states the facts and details of the alleged criminal offenses, legal grounds, evidence and reasons for custody, along with prepared written copies, the case file and evidence, shall be submitted to the concerned court for a detention order, within 24 hours of making the arrest, with or without a warrant. However, documentation with supporting facts that actions, such as destroying, fabricating, and altering evidence, or colluding with accomplices or witnesses, that endanger the integrity of the investigation, or that endanger other people's lives, or bodies, should be submitted separately with clear reasoning, requesting that the court use appropriate approaches to restrict or prohibit the accused and the defense attorney from obtaining such case file and evidence.
Where there is not a petition to the court concerning the situation as described in the preceding paragraph, the prosecutor shall immediately release the accused. However, if any one of the situations, as described in Article 101 Paragraph 1, or any of the subparagraphs of Article 101-1 Paragraph 1 occurs, although it is deemed unnecessary to detain, then release on bail, release to other's custody, or house arrest may be ordered. But If release on bail, release to other's custody, or house arrest cannot be ordered, although deemed necessary, then a court order for detention is still required.
The provisions as described in the preceding three paragraphs apply mutatis mutandis to where the prosecutor is accepting the accused as forwarded by the court in accordance with the Juvenile Delinquency Act, or by the military court in accordance with the Code of Court Martial Procedure.
When accepting the petition for detention, as described in the preceding three paragraphs, the court shall immediately begin the interrogation after giving the accused and the defense attorney a written copy of the petition. However, if the interrogation is not completed by late night, the accused, the defense attorney, or the person acting as the accused's assistant, may petition the court to continue interrogation during the daytime of the following day. Unless the court has proper justification, the court shall not refuse the request. If the petition is accepted late at night, the interrogation may begin during the daytime of the following day.
The term late night, as described in the proviso of the preceding paragraph, refers to the hours between 11 pm through 8 am the next day.

The 24 hours, as described in the provisions of Article 91 and paragraph 2 of the preceding Article, shall exclude the elapsed time as described in the following conditions. But, there must be no unnecessary delay:
1. The delay caused by traffic problems, or by other force majeure.
2. Time spent during escorted transfer.
3. When no questioning is allowed pursuant to the provisions of Article 100-3 Paragraph 1.
4. When, in fact, no interrogation is conducted due to sudden changes of health of the accused or suspect.
5. Where the accused or suspect expressed the desire to retain an attorney, the time spent waiting for the arrival of a defense attorney instead of conducting interrogation, shall not exceed 4 hours. 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 pursuant to the provisions of Article 31 Paragraph 5; or where the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies and the notification is sent to appoint an accompanying assistant pursuant to the provisions of Article 35 Paragraph 3, the time spent waiting for the arrival of a defense attorney or accompanying assistant instead of conducting interrogation, shall not exceed 4 hours.
6. Where the accused or suspect requires the assistance of an interpreter, the time spent waiting for an interpreter instead of conducting the interrogation, shall not exceed 6 hours.
7. After the prosecutor has given the bail release, or the custody release order, the time spent waiting for the process of being released on bail or to the custody of another shall not exceed 4 hours.
8. The duration when the criminal suspect is brought forward in front of a judge for arraignment.
No interrogation shall be conducted within the time as described in all preceding paragraphs.
If a case cannot be transferred to the concerned court within 24 hours, as the result of a traffic delay or by other force majeure as described in paragraph 1, then the prosecutor shall explain the causes when petitioning for detention.