I. Overview of Taiwan Bar Association
1. Basic Information
The Taiwan Bar Association (hereinafter the “TWBA”) was established in 1948 in accordance with the purpose and spirit of Article 1 of the Attorney Regulation Act which states that “Lawyers shall take upon themselves the goals of promoting social justice, protecting human rights, and contributing to democracy and the rule of law.”
The three main aims of the TWBA are:
(1) Furthering reform to the Judiciary and the legal system.
(2) Encouraging compliance with the Code of Ethics for Lawyers and enhancing the status of lawyers.
(3) Promoting the laws of Taiwan and establishing a connection with global legal ideas.
The TWBA is a national organization formed by the local bar associations in Taiwan. There is no individual membership admission in the TWBA. The membership of a local bar association is permanent unless it ceases to exist or chooses to terminate its membership voluntarily. Currently, there are 16 local bar associations across the country as members of the TWBA.1 The funds for the TWBA are derived primarily from (i) Admission Fees: For each local bar association which has fewer than 50 members, the admission fee is NT$10,000 (approximately USD$330); for each local bar association which has between 50-100 members, the admission fee is NT$20,000 (approximately USD$660), and so on; (ii) Membership Fees: Each local bar association has to pay the TWBA, according to the number of members it has, a membership fee of NT$100 (approximately USD$33) per month for each of its members; and (iii) Other income such as fees for advertisements in the TWBA’s journal.
The structure of the TWBA is as follows:
The General Meeting of Members’ Representatives is the highest authority in the TWBA, responsible for amending the Articles of Association and the Code of Ethics for Lawyers, and electing and dismissing directors, supervisors, and alternate candidates for directors and supervisors. The General Meeting of Members' Representatives is held annually and is composed of the members’ representatives elected from the 16 local bar associations in accordance with the Articles of Association. The number of elected members’ representatives of each local bar association is based on the size of its membership.
The 16 local bar associations are: the Keelung Bar Association, Taipei Bar Association,2 Taoyuan Bar Association, Hsinchu Bar Association, Miaoli Bar Association, Taichung Bar Association, Nantou Bar Association, Changhua Bar Association, Yunlin Bar Association, Chiayi Bar Association, Tainan Bar Association, Kaohsiung Bar Association, Pingtung Bar Association, Taitung Bar Association, Hualien Bar Association and Yilan Bar Association. According to TWBA’s Articles of Association, each local bar association shall be able to assign a minimum of 3 representatives, with 1 additional representative for every 50 members in excess of the basic number of 50 members up to a maximum limit of 15 representatives for each local bar association. Currently, the TWBA has 193 members’ representatives.
2. Board and Committees
(1) The Board of Directors consists of 35 members, who shall act and execute their duties according to the resolutions adopted or the Articles of Association approved in a General Meeting of Members' Representatives. The Board of Directors shall elect 11 Executive Directors, among whom the President and three Vice Presidents will be elected to manage the affairs of the TWBA. The President shall act as the official representatives of the TWBA. The term of office is one year for the President and Vice Presidents, who may continue to serve for further terms if reelected.
(2) The Board of Supervisors consists of 11 members, who supervise all activities of the TWBA, and they shall elect three Executive Supervisors and the Convener of the Board of Supervisors from the Executive Supervisors to manage the affairs.
(3) Committees: The TWBA currently has 39 committees, each with an objective to serve and promote. The committee chairperson and members are nominated by the President and approved by the Board of Directors. The Regular Affairs Committees include the International Affairs Committee, Mainland China Affairs Committee, Parliament Coordination Committee, Legal Practice Development Committee, Certification Committee, Attorneys' Benefits and Complaints Handling Committee, Editing Committee, 228 Judicial Justice Fund Management Committee and Attorneys' Study Center (Chief Executive Officer).
The Special Affairs Committees include the TWBA Building Establishment Committee, Attorneys' Ethics Committee, Public Relations Committee, Human Rights Protection Committee, Judicial Reform Committee, Constitutional Reform Research Committee, Civil Law Committee, Criminal Law Committee, Administrative Law Committee, Civil Procedural Law Committee, Criminal Procedural Law Committee, Adjudication Practice Committee, Non-Litigation Procedure Committee, Commercial Law Committee, Financial and Economic Law Committee (finance, securities), Consumer Protection Committee, Consumer Debt Clearance Committee, Environmental Law Committee, Intellectual Property Rights Committee, Social Law Committee, Labor Relations Committee, Women's and Children's Issues Research Committee, Public Construction Committee, Regulations Arrangement Committee, Tax Law Committee, Real Estate Committee, Legal Education Committee, Legal Aid Committee, Law Education Committee and Information Committee.
(4) The Secretariat of the TWBA consists of one Secretary-General, several Deputy Secretaries-General, and several section chiefs, who are nominated by the President and approved by the Board of Directors. The Secretary-General and the Deputy Secretaries-General shall perform their duties as instructed by the President.
3. Contact Information for the Taiwan Bar Association:
(1) Taiwan Bar Association
Address: Room C, 7 Fl., No. 4, Section 1, Chung-Hsiao W. Rd., Taipei, Taiwan
Tel.: +886-2-2388-1707
Fax: +886-2-2388-1708
Email: bartw@ms27.hinet.net
Website: http://www.twba.org.tw
(2) The contact information of the TWBA’s officers who are in charge of international relations is as follows:
Name/Title Address Telephone Fax
Mr. Ching-Sung LEE,
President of the Taiwan Bar Association
Room C, 7 Fl., No. 4, Section 1, Chung-Hsiao W. Rd., Taipei, Taiwan +886-2-2388-1707 +886-2-2388-1708
Mr. Ching-Min HUANG,
Secretary-General of the Taiwan Bar Association
Room C, 7 Fl., No. 4, Section 1, Chung-Hsiao W. Rd., Taipei, Taiwan +886-2-2388-1707 +886-2-2388-1708
Mr. Eric CHANG,
Chairman of International Affairs Committee
Room C, 7 Fl., No. 4, Section 1, Chung-Hsiao W. Rd., Taipei, Taiwan +886-2-2388-1707 +886-2-2388-1708
II. Attorneys in Taiwan
1. Legal Status of Lawyers
There are certain legal matters exclusively restricted to attorneys-at-law, but not many. The appeal of a civil case to the Supreme Court must be represented by an attorney-at-law. For criminal litigation, the defense counsel for a defendant must be an attorney or a public defender; and the private prosecution must be represented by an attorney-at-law. However, not all criminal cases require a defense counsel. If the Supreme Court decides to conduct a hearing (oral argument) for a criminal appeal, the proceeding requires the attorney-at-law as a defense counsel. In an appeal to the Supreme Administrative Court, an attorney-at-law is required except for certain situations allowed by the law or the court. In addition, the laws and regulations of securities exchange require that legal opinion issued by an attorney-at-law for the public offering of securities.
2. Attorney Qualification
(1) Bar Examination and Pre-admission Training
Article 3, paragraph 1 of Attorney Regulation Act provides that “Citizens of the Republic of China [i.e., Taiwan] who have successfully passed the Attorney Qualification Examination [i.e., Bar Examination] and completed the requisite New Admittees Training Programs [i.e., pre-admission training], may be admitted to the practice of law.” Furthermore, Article 7, paragraph 2 of the said Act also provides that “Prior to being registered, an attorney must complete a “New Admittees Training Program. Exempted from this requirement are former judges, prosecutors, public defenders, and military judges.” The TWBA has been appointed by the Ministry of Justice (hereinafter referred to as “MOJ”) to conduct the requisite training program since 1994.
Those who pass the Attorney Qualification Examination shall undergo one-month basic training at the Attorney’s Study Center of the TWBA and complete a five-month-internship at a law firm or the Legal Aid Foundation in order to complete the full training program.
The goal of the mandatory Pre-admission program is to provide trainees with professional knowledge and hands-on experience as well as an understanding of the Code of Ethics for Lawyers.
The courses offered at the Attorneys' Study Center are wide-ranging and are taught by experts and seasoned lawyers. The curriculum offers theoretical knowledge and practical experience through lectures and discussions. All courses are carefully planned and reviewed each year.
(2) Number of Attorneys in Taiwan as of May 22, 2018:
Attorneys with License to Practice Attorneys in Practice
Local Attorneys=
16,918
Male = 11,059
Female = 5,859
Registered Foreign Attorneys
110
Foreign Attorneys in Practice:
57
Male=51
Female=6
10,320
3. Regulation on Legal Services Provided by Non-Lawyers
Taiwan’s civil litigation generally does not require compulsory representation by attorneys-at-law; therefore it leaves space for non-lawyers to represent parties in the court. Although the Attorney Regulation Act punishes the person who practices litigation for profit without being licensed as an attorney, there are very few non-lawyers convicted of this crime.
4. Regulation on Foreign Registered Attorneys
The rules concerning the registration of foreign attorneys are stipulated in Article 47-1 to Article 47-14 of the Attorney Regulation Act. Please see Appendix 1.
Briefly, a foreign attorney may apply to the MOJ for a license to practice law in Taiwan provided that he/she fulfills one of the following criteria:
(i) He/She has practiced law for at least five years in his/her “home jurisdiction” and has an appropriate supporting certificate. However, if he/she has been employed by a Republic of China attorney as an assistant or a consultant for legal affairs of his/her “home jurisdiction”, or has practiced the law of his/her “home jurisdiction” in another country or region for a certain period, that period, not to exceed two years, may be accredited as part of the period of experience.
(ii) He/She has been hired to work for at least two years as an Assistant or Consultant according to the “Regulation Relating to the Employment and Management of Foreigners by ROC (Taiwan) Attorneys” prior to the WTO Agreement taking effect in the ROC (Taiwan) territory.
Furthermore, a “foreign legal affairs attorney” may only practice the law of his/her “home jurisdiction” and such international law as adopted by the said “home jurisdiction.” Hence, if a “foreign legal affairs attorney” is eligible to practice law in Taiwan pursuant to the preceding paragraph, he/she is only able to handle the following legal affairs in conjunction with a Taiwan attorney, or with a written opinion provided by a Taiwan attorney:
(i) Acting as an agent or preparing documents on legal affairs relating to marriage or parentage cases in which one of the parties is a Taiwan citizen.
(ii) Acting as an agent or preparing documents on legal affairs relating to succession in which one of the parties is a ROC (Taiwan) citizen, or when the inherited property is located in Taiwan.
Currently, there are 94 foreign legal affair attorneys registered as quasi-members in local bar associations.
III. Regular Activities Conducted by the Taiwan Bar Association
1. TWBA Publications
(1) The TWBA publishes a monthly journal entitled the “Taiwan Bar Journal” which started publication in January 1997. The content of the Journal relates mainly to academic dissertations.
(2) On May 31, 2012, the TWBA and the Memorial Foundation of 228 jointly published the book "The Judicial Balance Confronted With A Gun Muzzle." The book contains the tragic history of Taiwan's legal professionals in the "228 Event" which happened in 1947 and the subsequent years. Many Taiwan elites in the legal field, including judges, prosecutors and lawyers sacrificed their lives or suffered from the "white terror" during the era when Taiwan had not yet earned democracy. The publication intends to record the history and to honor the spirit of those deceased who were heroes in the fight for social justice.
(3) On October 18, 2011, the TWBA published the book “Explanatory Interpretation of Each Article of the Code of Ethics for Lawyers.” To address the major amendments made to the Code of Ethics for Lawyers in September 2009, and the requirement for relevant reference materials in connection with the subject of “Legal Ethics” under the new system of the national examination for judicial officers and lawyers in the year 2011, the TWBA formed a “Lawyers Ethics Working Committee” to compile disciplinary case precedents of courts in our country and relevant foreign legislative precedents, and to provide an explanatory interpretation of each article of the Code of Ethics for Lawyers to serve as important reference literature in the realm of ethics for local lawyers.
(4) In 2017, the special edition for the 70th Anniversary of Lawyers’ Day in Taiwan.
2. Disciplinary Actions
(1) An attorney is subject to disciplinary action where he/she:
(i) has violated a provision of the Law of Lawyers, including professional malpractice; or
(ii) has been convicted of a crime except for “non-intentional” crimes; or
(iii) has committed a serious violation of the Code of Ethics for Lawyers, or the Articles of Association of the bar association of which he/she is a member.
(2) Disciplinary action against an attorney may be initiated by the Taiwan High Court Prosecutors Office or a subdivision thereof, or by the Prosecutors Office of a District Court. Upon initiation of the action, the case will be forwarded to the Disciplinary Committee of the bar association that has jurisdiction over the attorney to be disciplined. The bar association may, through a resolution adopted by a General Meeting or a Joint Executive Supervisors Meeting, refer the case to the Attorneys Disciplinary Committee having jurisdiction over the said attorney.
The Attorneys Disciplinary Committee consists of three members who are judges appointed by the Chief Judge of the Taiwan High Court, one member who is a prosecutor appointed by the Supreme Prosecutors Office upon the request of the Taiwan High Court, and five members who are attorneys recommended by the TWBA. The head of the Committee is elected from amongst the members of the Committee.
(3) The right to appeal for review of a decision of the Attorneys Disciplinary Committee rests with the disciplined attorney, the Prosecutors Office, the competent authorities or the bar association which referred the case to the Committee. Such appeals shall be made to the Bar Discipline Review Committee.
(4) The Bar Discipline Review Committee consists of three members who are judges appointed by the President of the Taiwan High Court, one member who is a prosecutor appointed by Supreme Prosecutors Office upon the request of the Taiwan High Court, five members who are attorneys and two members who are academics recommended by the TWBA. The head of the Committee is elected from amongst the members of the Committee.
(5) The disciplinary action can be (i) a warning, (ii) a reprimand, (iii) a suspension of the right to practice law for a period not exceeding two years, or (iv) disbarment.
3. Continuing Legal Education (“CLE”)
According to the Guidelines for Continuing Legal Education for Lawyers, attorneys are required to complete at least six hours of continuing legal education each year. The TWBA and each local bar association regularly offer CLE courses each year.
4. Pre-Admission Training Program
One of the TWBA's most important activities annually is to conduct the requisite pre-admission training program for those who pass the bar examination. The requisite training program includes basic training and internship training. The trainees will receive one-month basic training courses at the TWBA and are required to complete a five-month-internship at a law firm, the Legal Aid Foundation, legal departments of listed companies, financial holding companies, banks, secutrities business, futures business and insurance business, or other institutions approved by the MOJ to complete the full training program. Upon completion of the internship training, the attorney guiding a trainee will evaluate the performance of such trainee as pass or fail and send the result to the TWBA which will then forward the same, together with the result of the trainee’s performance during the basic training course, to the MOJ.
5. TWBA’s Participation in Judges/Prosecutors Evaluation and Judicial Personnel Review
(1) The Judges Act was promulgated on July 6, 2011. Among others, the Evaluation on Judges and Prosecutors took effect on January 6, 2012. The Judges Act imposed the evaluation of judges/prosecutors in order to gain people's trust in the judiciary and to ensure the capability of the judicial professionals.
According to Article 33 of the Judges Act, “[t]he Judicial Evaluation Committee shall be composed of three judges, one prosecutor, three attorneys, as well as four scholars and societal representatives.” Article 34 provides that “Attorney representatives are elected by nationwide voting of attorneys sponsored by the national bar association on the ballot of one to three candidates nominated by each respective local bar association.” Accordingly, the TWBA shall hold the election for Lawyers' Representatives to attend the Judicial Evaluation Committee. Article 35 provides that TWBA may request the Judicial Evaluation Committee to review an individual judge/prosecutor’s performance under certain circumstances. The result of the evaluation will be the basis of whether certain judge/prosecutors shall be impeached or sanctioned.
The TWBA successfully held an election on January 6, 2012, for the first term and the subsequent terms. Three Attorney Representatives were elected by the whole nation’s lawyers to represent lawyers on the Judicial Evaluation Committee.
(2) In addition to the evaluation of judges/prosecutors, the TWBA is empowered by the law to assign Lawyers' Representatives to participate in various committees in respect of judges and prosecutors' Judicial Personnel Review Committee to review the appointment, removal, transfer, relieve of duty, detail, evaluation, reward and discipline, certification of professional judgeship, etc. To date, the TWBA has assigned Attorney Representatives to attend various Committees, e.g., Judgment's Quality Review Committee, Judge's Appointment Committee, Judge’s Appointment for Professional Court Committee, Chief Judge Appointment Committee and Prosecutor's Appointment Committee, etc. The TWBA will advocate on monitoring the execution of the Law and move for amendment if any improvement is demanded.
6. TWBA Proposals for Bills Reform

Another important activity of the TWBA is to deliver opinions on various bills reform. The efforts in this year include:

(1) Amendment of the Attorney Regulation Act. The last amendment took place in 2010, and there is no major amendment of the Attorney Regulation Act since 2004. The TWBA continues to deliver its opinion on the next major amendment, focusing on the structure of central and local bar associations and attorneys' limited liability.
(2) Attorney-Client Privilege. In the 2010 Criminal Procedure Code amendment, with the TWBA and other groups’ strong advocacy, Articles 34, 34-1, 404 and 416 of the Criminal Procedure Code3 were passed by the 7th session of the Legislative Yuan, thereby releasing an attorney from an undue restriction on his/her practice. The improvement was not fully satisfactory because the attorney-client privilege has not been adopted. According to international human rights treaties, a criminal suspect or accused shall enjoy the adequate right of defense in the course of the judicial proceedings, and the accused shall naturally enjoy the right to discuss the “ins and outs” of his/her case with his/her attorney without any obstacle. This is a good system which democratically advanced countries such as the United Kingdom, the United States, and Japan have had for a long time. The TWBA will continue to advocate the next amendment.
7. Assisting Executive Yuan to Promote Foreign Investment
The TWBA has provided assistance to the Executive Yuan in connection with the legal advice for the foreign investment in Taiwan and has achieved the fruitful result.
IV. Developments and Challenges in 2018
1. Status of TWBA:
As TWBA is a national organization formed by the local bar associations in Taiwan and there is no individual membership admitted. However, more and more lawyers in Taiwan request for “One Bar member, National-wise practice” (單一入會,全國執業) and question the need to having one Taiwan Bar Association and 16 different local Bar Association, since lawyers have to register in the local Bar in order to represent his/her client in the specific region and pay another registration fee to represent his/her another client when another client resides in the different region. The draft amendment of the Attorney Regulation Act is still on the way to reach the majority consensus in Congress.
2. The Transformation of Legal Service Market
The legal market became drastically competitive due to the economic downturn and a rapid increase in the number of lawyers in Taiwan. The number of newly-admitted lawyers has more than doubled since 2011. Now the passing rate of the bar exam is about 10%, admitting nearly one thousand lawyers every year. Although this new policy of admission provides law school students a better chance to pass the bar exam and to be admitted as an attorney, many of the newly-admitted lawyers are now facing difficulties in finding jobs, including internship required by the laws. One of the essential goals of the TWBA is to solve this problem by creating more career opportunities for lawyers, improving the pre-admission training courses and coordinating with the Examination Yuan towards a consistent policy for lawyers' admission.
3. Improving the Pre-admission Training Courses
The current pre-admission training courses include one-month basic training, containing courses of various legal fields lectured by senior lawyers and professors. A lawyer's license will be granted after the completion of the training courses and the five-month-internship at law firms or the Legal Aid Foundation. A study shows that pre-admission training programs in many countries are much longer. To provide more comprehensive training, the TWBA considers extending the term of the training as well as offering more in-depth courses.
4. Create More Potential Chances for Lawyers
Traditional lawyers focus their practice in the courts. In response to the highly competitive legal market, the TWBA strives to bring more opportunities to lawyers, e.g., promoting legislation requiring that publicly listed companies must retain at least one licensed lawyer in their legal department, and that the government agencies shall retain a licensed lawyer as its counsel for legal matters, etc.
5. The Policy of Admission of Attorneys
The agency responsible for the bar examination in Taiwan is the Examination Yuan. The agency responsible for lawyers' admission (including the pre-admission training) is the MOJ. The two agencies did not coordinate and formulate a consistent policy for lawyers' admission. The Examination Yuan determined that the passing rate of bar examination shall be fixed to a certain percentage (currently around 10% each year); however, it did not expect the rapid growth in the number of law graduates resulting in a rapid increase of the bar examination takers and subsequent passages. Now, not only do the newly admitted lawyers have difficulties finding law firms for the pre-admission training, the TWBA's resources for the training program have also become insufficient. The reform of lawyers' admission and training is finally on the schedule to implementation.
6. Participating the National Judicial Reform Conference in 2017
Taiwan President Tsai Ing-Wen announced the national judicial reform in her inauguration to answer in keen demand from the public. The Committee of National Judicial Reform Conference was comprised between 15 to 21 members and President herself being the chair. Even though in order to gain more opinions from the public, the legal professionals are regulated no more than half of the total members. Among the whole 75 participants of the conference, there are 35 legal professionals including 10 judges, 10 prosecutors, and 5 law school professors and 10 attorneys. The Past Secretary General, Ms. Shih of Taiwan Bar Association, is represented TWBA and highly recognized by the participants.
7. Amendment of Charter of TWBA on June 30, 2018
To respond to the newly promulgation of Money Laundering Control Act, ease the burden of lawyers who practice in different local bar region and the possible amendment of the Lawyer Regulation Act. TWBA held the Extraordinary General Meeting of Members’ Representative on June 30. The amendment of charter reached the unanimous vote from members’ representative of TWBA.

1. In 2017, the Taipei Bar Association declared its withdrawal from the Taiwan Bar Association.
2. See Footnote 1.
3. Article 34
A defense attorney may interview and correspond with an accused under detention. Unless there are facts which suffice to ascertain that the defense attorney may destroy, fabricate, or alter evidence or form a conspiracy with an accomplice or witness, such interviews or correspondence may not be restricted.
The interviews or correspondence between a defense attorney and a summoned or arrested accused, or a criminal suspect, may not be restricted. However, the interview time may not exceed one hour, and the number of interviews shall be limited to one. The interview shall be regarded as an instance the time for which is not included in the 24-hour time period as stipulated in paragraph 1 of Article 93-1.
In the event of an emergency and with legitimate reasons, the public prosecutor may temporarily suspend the interview as referred to in the preceding paragraph, and designate the time and place where the interview may subsequently be held. The said designation may not impede the accused or the criminal suspect’s legitimate defense and the defense attorney’s rights as provided in the first section of paragraph 2 of Article 245.
 
Article 34-1
Restriction on a defense attorney’s interviews or correspondence with an accused under detention shall be imposed through a letter of restriction which shall contain the following particulars:
(i) Name, sex, age, place of residence or dwelling of the accused, and name of defense attorney.
(ii) Subject of case.
(iii) Concrete reasons for restriction and facts on which restriction is based.
(iv) Concrete manner of restriction.
(v) Remedy against restriction action.
The provisions of paragraph 3 of Article 71 shall apply mutatis mutandis to the letter of restriction.
The letter of restriction, after having been signed by the judge, shall be served respectively on the public prosecutor, the detention center, the defense attorney and the accused.
If the public prosecutor thinks that it is necessary to impose restrictions on the accused under detention in the course of the investigation, the public prosecutor shall submit to the court having control a written application which shall contain the particulars as referred to in items 1~4 of paragraph 2 and to which the relevant documents shall be attached, in order to petition the court to impose the restrictions. However, in an emergency, the public prosecutor may adopt necessary action first and, within 24 hours, petition the court having control to issue a retrospective letter of restriction, and the court shall examine and reply to the petition within 48 hours after accepting the petition. Where the public prosecutor does not submit a petition within 24 hours or where his/her petition is dismissed, the restrictions shall cease immediately.
Where the petition as referred to in the preceding paragraph is dismissed, the public prosecutor may not make any declaration of disagreement.
 
Article 404
An interlocutory appeal may not be filed against a ruling on jurisdiction or procedure which is rendered prior to judgment except in the case of the following rulings:
(i) A ruling having an express provision which allows an interlocutory appeal.
(ii) A ruling on detention, release on bail, release to the custody of another person, restriction to place of residence, search, seizure or restitution of seized objects, or committing the accused to a hospital or another place for expert examination, or
(iii) a ruling on prohibition or seizure which is rendered in accordance with paragraph 3 or 4 of Article 105.
(iv) A ruling restricting the interviews or correspondence between the defense attorney and the accused.
 
Article 416
A person who disagrees with one of the following measures taken against him/her by a presiding judge, commissioned judge, requisitioned judge, or public prosecutor may petition the court to which such officer is attached to have such measure set aside or altered:
(i) A measure relating to detention, release on bail, release to the custody of another person, restriction to place of residence, search, seizure or restitution of seized objects, or committing the accused to a hospital or another place for expert examination, or a measure relating to prohibition or seizure which is taken in accordance with paragraph 3 or 4 of Article 105.
(ii) A measure relating to a fine imposed on a witness, expert witness, or interpreter.
(iii) A measure restricting the interviews or correspondence between the defense attorney and the accused.
(iv) A measure relating to the designation as referred to in paragraph 3 of Article 34.
Where the search or seizure as referred to in the preceding paragraph has been set aside, the court may, in the course of the trial, announce that the seized objects may not be used as evidence. The period for submitting the petition as referred to in paragraph 1 is 5 days counting from the date on which the measure is taken or, in the case of service of process, counting from the date after service is effected. The provisions of Articles 409~414 shall apply mutatis mutandis to this article. The provisions of paragraph 1 of Article 21 shall apply mutatis mutandis to the petition to set aside or alter the requisitioned judge’s ruling.
 
本網站為 中華民國律師公會全國聯合會 委託 法源資訊股份有限公司 建置