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

Print Time:2022/06/30 09:35

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Article 8
1. Any request for legal assistance filed pursuant to the last preceding article with the Ministry of Justice via the Ministry of Foreign Affairs shall be put forward in the form of a written Letter of Request.
2. In case of emergency as specified in the provision of the last preceding article, a request may be filed in other forms with necessary documentation or material attached. The Ministry of Justice may, after review, have it relayed or commissioned to an Assisting Body for imposing necessary interim measure in connection with the assistance requested. The Requesting Party is required to, within the next 30 days, file a written Letter of Request with the Ministry of Foreign Affairs. In the case the Requesting Party fails to act as such, the Ministry of Justice may deny the request and order the Assisting Body to revoke whatever interim measure it had been imposed.
3. The Letter of Request for legal assistance as specified in the preceding paragraphs shall include all of the following information, supported with documentation or materials relevant to the implementation of the request:
(1) Name of the entity filing the request and the entity in charge of the ongoing investigation, prosecution, adjudication or enforcement.
(2) Purpose of the request.
(3) Criminal fact, offense and evidence relating to the request. A request for the service of document is however free from the requirement of this subparagraph.
(4) Assistance requested and its reasons.
(5)Specific method or the duration of time needed, and its rationale for implementing of the request.
(6) Any other details required to be explained or specified under this Act.
4. In the case a request cannot be implemented due to insufficient information given, the Ministry of Foreign Affairs or the Ministry of Justice may ask for further explanation or supplement from the Requesting Party.
5. The Letter of Request and its attachment shall be written in Traditional Chinese. If the Letter of Request is not prepared in Traditional Chinese, it shall be accompanied with a Chinese translation that carries identical contents with the original. The Ministry of Justice may at its discretion consent to accept attachments without Chinese translation or translated in other languages.
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