Laws Information

法規資訊
Title: The Code of Criminal Procedure
Am Date: 2007-12-12

Chapter Article

CHAPTER  IV DEFENSE ATTORNEYS, ASSISTANTS, AND AGENTS
Article 27
An accused may at any time retain defense attorneys.  The same rule shall apply to a suspect being interrogated by judicial police officers or judicial policemen.
A statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, family head, or family member may independently retain defense attorneys for the accused or suspect.
In case an accused or a suspect is unable to make a complete statement due to unsound mind, the persons listed in the preceding section shall be notified of the same, provided that the said notification is not required if it can not be made practically.

Article 28
An accused may not retain more than three defense attorneys.

Article 29
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.

Article 30
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.

Article 31
In cases where the minimum punishment is no less than three years imprisonment, where a high court has jurisdiction over the first instance, or where the accused is unable to make a complete statement due to unsound mind, the presiding judge shall appoint a public defender or a lawyer to defend the accused if no defense attorney has been retained; in other cases, if no defense attorney has been retained by an accused with low income and a request for appointing one has been submitted, or if it is considered necessary, the same rule shall apply.
If in the case specified in the preceding section a retained defense attorney fails to appear without good reason on the trial date, the presiding judge may appoint a public defender.
One public defender may be appointed to defend several defendants unless their interests conflict.
After a public defender has been appointed, such appointment may be cancelled upon the retention of a lawyer as a defense attorney.

Article 32
If an accused has several defense attorneys, documents shall be served upon them separately.

Article 33
A defense attorney may examine the case file and exhibits and make copies or photographs thereof.

Article 34
A defense attorney may interview and correspond with a suspect or an accused under detention, provided that if facts exist sufficient to justify an apprehension that such defense attorney may destroy, fabricate, or alter evidence or form a conspiracy with a co-offender or witness, such interviews or correspondence may be limited.

Article 35
A spouse, lineal blood relative, collateral blood relative within the third degree of kinship, family head, or family member of an accused or private prosecutor or a statutory agent of an accused may, after initiation of prosecution, apply to the court in writing, or verbally on the trial date, for permission to act as the assistant of the accused or private prosecutor.
The assistant may take actions provided in this code, and may state his opinion in court not inconsistent with the expressed opinion of the accused or the private prosecutor.
In cases an accused or a suspect is unable to make a complete statement due to unsound mind, he shall be accompanied by one of the qualified assistant, under the first section of this article, or his authorized agent, or a social worker appointed by a governmental agency in charge thereof; provided that if, upon being properly served, the persons who shall accompany the accused or suspect fail to appear without good reason, the provision of this section shall not apply.

Article 36
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.

Article 37
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.

Article 38
The provisions of Articles 28, 30, 32, 33 shall apply mutatis mutandis to an agent of an accused or private prosecutor, and the provision of Article 29 shall also apply to an agent of an accused mutatis mutandis.