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Called as a witness in a Taiwan criminal case

4 min read

AI-generated illustration, not a photograph of an actual interview room or case.

Look for the word 證人 on a Taiwan criminal summons. It identifies the role of witness. For an American who has returned to the United States, the immediate practical questions are who issued the document, when attendance is required and how to contact the office handling the case. Keep the envelope as well as the summons.

A summons has an issuing authority

Article 175 of Taiwan’s Code of Criminal Procedure requires a witness summons to state the matter to be proved and the date, time and place of attendance. A prosecutor signs it during an investigation; the presiding or commissioned judge signs during trial. The document also advises of the possible consequences of an unjustified failure to attend. This article concerns that formal summons. An informal police request for information needs to be identified on its own terms.

Ignoring a valid summons can have consequences. Under Article 178, a witness who fails to attend without a legitimate reason may face a court-imposed fine of up to NT$30,000 and compulsory appearance. Neither consequence is automatic.

If you are abroad, ill or unable to make the date, explain the difficulty to the issuing office promptly and provide supporting documents. Travel bookings or medical records may help explain the request. Ask whether the date has actually changed. A request alone is not confirmation that you have been excused.

Requests for an overseas witness through international mutual legal assistance follow a separate procedure; domestic nonattendance sanctions should not be assumed to apply in the same way.

When an answer creates criminal exposure

Must a witness answer a question that could lead to their own prosecution? Article 181 permits refusal where testimony risks criminal prosecution or punishment for the witness or a person in one of the relationships listed in Article 180(1). The risk must concern criminal exposure. Workplace embarrassment alone does not establish this statutory ground.

Article 180 separately covers specified relationships with an accused or private prosecutor, including a current or former spouse and listed relatives. Its second paragraph limits refusal where the evidence concerns only other co-accused or private prosecutors with whom the witness has no such relationship. Family connection is not a blanket answer to every question in a multi-person case.

Explain the ground for refusal. Under Article 183, the ground must be substantiated, but for an Article 181 ground the authority may order a sworn declaration in place of substantiation. During an investigation the prosecutor rules on it, and at trial the presiding or commissioned judge does so. That procedure should not be replaced by simply staying away. A Taiwan lawyer can assess the particular questions and your involvement before you attend. Use Taiwan’s rules for the Taiwan proceeding rather than assuming a familiar American procedural label determines the answer.

There is also a limit at cross-examination. Under Article 181-1, a person other than the accused may not refuse to testify on cross-examination about matters concerning the accused personally that the person addressed in direct examination.

Language and preparation

Language assistance is required under Article 99 where a person being questioned cannot communicate in the language used; Article 192 applies the rule to witness examination. Tell the office that you need English interpretation. Conversational Mandarin and understanding a detailed legal question are different levels of comprehension. Ask for an unclear question to be explained before answering.

For preparation, separate what you personally saw from what someone later told you. Bring the summons, identification and a dated record of the events you actually remember. If a point is uncertain, record that uncertainty in your notes too.

Official sources

Checked: October 7, 2026.

Frequently Asked Questions

Can I ignore the summons if an answer might incriminate me?
A ground for refusing testimony does not itself excuse attendance. Under Article 183, the reason must be substantiated and the prosecutor or relevant judge decides whether to allow refusal. Contact the issuing office about any difficulty attending. For an Article 181 ground, the authority may order a sworn declaration in place of substantiation.
Can an English-speaking witness use an interpreter?
Article 99 requires interpretation where the person being questioned cannot communicate in the language being used. Article 192 applies this rule to witness examination. Tell the issuing office which language you need before the appointment.

This article provides general information and is not legal advice on any individual matter.

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