Laws Information

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

Chapter Article

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.

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.

Article 57
If an address has not been given as provided in article 55, service may nevertheless be made at the domicile, residence, or office address of a person if it is known to the clerk; a document may also be served at such address by registered mail.

Article 58
The public prosecutor to be served shall be the public prosecutor in charge of the case concerned.  When such public prosecutor is not in the office, service shall be made on the chief public prosecutor.

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.

Article 60
Service by publication shall be executed by a clerk with the permission of the court, public prosecutor general, chief public prosecutor, or public prosecutor.  In addition to posting a document to be served or its abbreviated copy on the bulletin board of the court, the clerk shall publish it in a newspaper or give notification or publish it by other appropriate methods.
The service by publication specified in the preceding section shall be effective thirty days after the last publication in a newspaper, posting, or notification.

Article 61
A document shall be served by a judicial policeman, or through the post office.
If the document aforesaid is a judgment, ruling, decision not to prosecute, or decision to defer the prosecution, the person making service thereof shall prepare a certificate of acceptance listing therein particulars of a certificate of service and sign his name thereon before giving it to the acceptor.

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.