Enforcement Rules of the Code of Criminal Procedure

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=C0010002

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Article 1


The revised code of the Criminal Procedure referred to in these Rules is the code of Criminal Procedure promulgated or enforcement following its revision on October 5. 1995.


Article 2


(New Procedure Applies)
Prior to the enforcement of the Revised Code of Criminal Procedure, Cases under investigation or trial has already commenced shall, unless otherwise specifically provided there in, be concluded in accordance with the Revised Code of Criminal Procedure.


Article 3


(Public Defender and Appointed Defender)
In courts where there are no public defenders office established, the presiding judge shall appoint a lawyer or judge to serve as such defender as is referred to in Article 31 of the Revised Code of Criminal Procedure.


Article 4


For defendants under trial was detained prior to the enforcement of the Revised Code of Criminal Procedure in 1997 extension and cancellation of his detention shall be made in accordance with the provision of Article 108 of the Revised Code of Criminal Procedure, the number and period of detention shall be combined with the number and period prior to the Revised Code comes into force.
For defendants under detention in the preceding paragraph, if the prosecutor issues a writ of detention during investigation, or prohibits visits, communication, receiving books or other items, or orders a seizure on letters or items, or approves the official of detention center to incarcerate the defendant’s body, the effect of such decisions is not affected.


Article 5


Prior to the Revised Code of Criminal Procedure comes into force, cases pending in the courts which may be appealed to the third instance shall apply the statutory procedure prior to the revision to conclude the cases.
Prior to the Revised Code of Criminal Procedure comes into force, cases pending in court under summary procedure shall apply the statutory procedure prior to the revision to conclude the cases.


Article 6


(Old Procedure Applies (II))
Prior to the Revised Code of Criminal Procedure comes into force, ancillary civil actions pending in court shall apply the statutory procedure prior to the revision to conclude the cases.


Article 7


(Effective Date)
The Enforcement Rules shall come into force from the date of Revised Code of Criminal Procedure takes into force.


Article 7-1


The Code of Criminal Procedure revised on January 3, 2001 shall come into force on July 1, 2001.


Article 7-2


Articles 117-1, 118, 121, 175, 182, 183, 189, 193, 195, 198, 200, 201, 205, 229, 236-1, 236-2, 258-1, 271-1, 303, and 307 amended and approved on January 14, 2003 shall come into force from the date of promulgation; the rests shall come into force on September 1, 2003.


Article 7-3


Prior to the enforcement of the Revised Code of Criminal Procedure amended and approved on January 14, 2003, the case pending in various instances of courts, their litigation procedure afterwards shall apply the Revised Code of Criminal Procedure to conclude the case; provided that litigations which comply with statutory procedure prior to the Revised Code of Criminal Procedure takes effect shall not be disturb.


Article 7-4


The Code of Criminal Procedure amended and approved on May 23, 2006 shall come into force on July 1, 2006.


Article 7-5


Prior to the enforcement of the Revised Code of Criminal Procedure amended and approved on June 15, 2007, the old Article 361 and 367 in effect shall still applicable to those who disagree with a judgment of first instances by the district court and appeal it thereby.