CHAPTER  IX EXAMINATION OF ACCUSED

Article 94
In an examination, an accused shall be first asked his full name, age, native place, occupation, and domicile or residence to determine whether a mistake as to his identity has been made; if there is a mistake, he shall be immediately released.

Article 95
In an examination, an accused shall be informed of the following:
(1) That he is suspected of committing an offense and all of the offenses charged.  If the charge is changed after an accused has been informed of the offense charged, he shall be informed of such change;
(2) That he may remain silent and does not have to make a statement against his own will;
(3) That he may retain defense attorney;
(4) That he may request the investigation of evidence favorable to him.

Article 96
In an examination, an accused shall be given an opportunity to explain the offense of which he is suspected; if there is an explanation, the accused shall be ordered to make a detailed statement of the complete matter; if the explanation contains facts favorable to him, he shall be ordered to explain his method of proof.

Article 97
If there are several accused, they shall be examined separately; those who have not been examined shall not be permitted to be present, provided that if it is necessary to discover the truth, the accused may be confronted with each other.  The accused may also request a confrontation.
A request by an accused for a confrontation shall not be rejected, unless it is apparently unnecessary.

Article 98
An accused shall be examined in an honest manner; violence, threat, inducement, fraud, exhausting examination or other improper means shall not be used.

Article 99
If an accused is deaf or dumb, or not conversant with the language, an interpreter may be used; such accused may also be examined in writing or ordered to make a statement in writing.

Article 100
The confession of an accused and other statements unfavorable to him as well as facts stated in his favor and the method of proof indicated shall be clearly noted in the record.

Article 100-1
The whole proceeding of examining the accused shall be recorded without interruption in audio, and also, if necessary, in video, provided that in case of an emergency, after clearly stated in the record, the said rule may not be followed.
Except for the circumstances prescribed in the Proviso of the preceding section of this article, if there is an inconsistency between the content of the record and that of the audio or video record regarding the statements made by the accused, the said portion of the statement shall not be used as evidence.
The means of preservation of the audio or video record specified in the first section of this article shall be prescribed by the Judicial Yuan and the Executive Yuan.

Article 100-2
The provisions of this chapter shall apply mutatis mutandis to the interrogation of suspects by judicial police officer or judicial policeman.

Article 100-3
The interrogation of criminal suspects by judicial police officer or judicial policeman shall not proceed at night, except for the following circumstances:
(1) Express consent by the person being interrogated;
(2) Identity check of the person arrested with or without a warrant at night;
(3) Permission by a public prosecutor or judge;
(4) In case of emergency.
Upon the request of a suspect, the interrogation shall proceed immediately.
The night herein means the time between sunset and sunrise.