The 24-hour clock after an arrest in Taiwan belongs to the prosecutor. As of October 2026, it is the deadline for asking a court to order detention (羈押), and nothing in it promises release at hour 24. Waiting for an interpreter can even pause it.
What the 24 hours measure
Counting starts at compulsory production (拘提) or arrest (逮捕). Arrival at the prosecutor's office does not restart it. Under Article 93, a prosecutor who considers detention necessary must apply to the court within those 24 hours. Without an application the person must be released at once, though the prosecutor may order bail (具保) or a residence restriction where a detention ground exists.
What if the application is filed in time? A court hearing comes next. Release does not. A late-night filing, received by the court between 11 p.m. and 8 a.m., is heard the next day in the daytime (same article).
Article 93-1 lists eight kinds of time that do not count, including up to six hours waiting for an interpreter and up to four waiting for a lawyer the person has said they want to retain. These pauses are not extra time: no questioning may take place during them, and unnecessary delay is not allowed.
Relatives counting by the wall clock can reach 24 hours before the law does.
Interpreter, lawyer and the written record
On compulsory production or arrest, officers must state the reason and the person's rights, and give the reason in writing to the person and a relative or friend they name (Article 89).
Article 95 requires that, before questioning, a suspect be told the suspected offenses and the rights to stay silent, retain a lawyer and ask that favorable evidence be investigated. If a suspect with no lawyer present says one has already been retained, questioning must stop unless the suspect agrees to continue. Police questioning is covered too (Article 100-2). A lawyer may attend it, take notes and state opinions unless a statutory ground for restriction applies (Article 245).
Where language is a barrier, an interpreter must be used (Article 99). A little conversational Mandarin is no reason to guess at a written statement. The record must be read out or shown, the person is asked whether it is accurate, and any requested change is appended (Articles 41 and 43-1).
Does a foreign passport bring a free lawyer to the station? Not by itself. During an investigation, Article 31 requires one to be called only for suspects whose disability prevents a full statement and for indigenous suspects. Anyone eligible under the legal-aid rules may still ask for legal aid (Article 95), and at an investigation-stage detention hearing the presiding judge must in principle appoint a lawyer if none has been retained (Article 31-1).
Detention, bail and leaving Taiwan are separate decisions
For detention, the prosecutor can only ask. A judge orders it, and only after questioning the person. Article 101 requires serious suspicion (犯罪嫌疑重大), a listed ground such as flight or a fact-based risk of evidence tampering or collusion, and a finding that prosecution, trial or enforcement would be manifestly difficult without detention. Foreign nationality is not itself a listed ground. Article 101-1 adds a separate ground for listed offenses, fraud and drunk driving among them, where facts show a risk of repeating the same offense.
After detention, the person or their lawyer may apply at any time for release on bail (Article 110). The court reviews it, so money does not open the door in every case. Article 114 lists when the court may not reject the application: a maximum penalty of three years' imprisonment or less (repeat offenders and others excepted), a pregnancy of at least five months or a birth less than two months ago, and an illness that would clearly be hard to cure without treatment outside. In those situations a judge may order detention only if bail or a similar measure cannot be used (Article 101-2).
Release is not permission to fly home. A restriction on leaving Taiwan by air or sea (限制出境、出海) has its own grounds and cannot be imposed directly under Article 93-2 where the maximum penalty is short-term detention (拘役) or a fine only. During an investigation, a prosecutor's restriction may not exceed eight months. A court may extend it twice, by up to four months and then up to two; trial-stage periods are set separately (Article 93-3). The person and their lawyer may apply to have it lifted or changed (Article 93-5). See also police questioning and exit bans at the airport.
A spouse, parent or sibling overseas may independently retain a defense lawyer in Taiwan for the person (Article 27).
A non-confidential outline can be sent to Hovering International Law Firm at wei@hoveringlaw.com.tw.
Official sources
- Code of Criminal Procedure (刑事訴訟法), Laws and Regulations Database of the Ministry of Justice: Articles 27, 31, 31-1, 41, 43-1, 89, 93, 93-1, 93-2, 93-3, 93-5, 95, 99, 100-2, 101, 101-1, 101-2, 110, 114, 245
- Criminal Code (中華民國刑法), Article 185-3: the impaired-driving offense listed in Article 101-1 of the Code of Criminal Procedure
- Code of Criminal Procedure, amendment history: most recent amendment promulgated May 13, 2026 (Article 101-1)
Checked: October 6, 2026
This article is general information based on Taiwan statutes checked on October 6, 2026. It is not legal advice on any individual case.
Frequently Asked Questions
- If 24 hours pass at a Taiwan police station, does the person have to be released?
- Not necessarily. As of October 2026, Article 93 of Taiwan's Code of Criminal Procedure gives the prosecutor 24 hours from compulsory production or arrest to ask a court for detention. Time spent waiting for an interpreter, up to six hours, and the other periods listed in Article 93-1 do not count. If the application is filed in time, the next step is a judge's hearing, not release. If no application is made, the prosecutor must release the person at once, although bail or a residence restriction can be ordered where a detention ground exists.
This article provides general information and is not legal advice on any individual matter.
