Law of Evidence at Taiwan
Taiwan's legal system governs the admissibility and evaluation of evidence in both criminal and civil proceedings through the Code of Criminal Procedure (CCP) and the Code of Civil Procedure (CivPC). Below is an overview of the key principles and rules pertaining to the law of evidence in Taiwan:
Criminal Procedure (Code of Criminal Procedure)
1. Presumption of Innocence and Burden of Proof
Article 154 of the CCP establishes the presumption of innocence, stipulating that the facts of an offense must be established by evidence. The burden of proof lies with the prosecution, and the facts of an offense cannot be established in the absence of evidence. (Code of Criminal Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan))
2. Admissibility of Evidence
Article 155 grants the court discretion to determine the probative value of evidence, provided it aligns with the rules of experience and logic. Evidence that has not been lawfully investigated shall not form the basis of a decision. (Code of Criminal Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan), Code of Criminal Procedure - Article Content - Laws & Regulations Database of The Republic of China (Taiwan))
3. Confessions
Article 156 permits the admission of an accused's confession if it was not extracted by improper means and is consistent with the facts. However, a confession alone cannot serve as the sole basis for conviction; other necessary evidence must also be investigated. (Code of Criminal Procedure - Article Content - Laws & Regulations Database of The Republic of China (Taiwan))
4. Hearsay Evidence
Article 159-2 allows the admission of statements made during the investigation stage by a person other than the accused if they are inconsistent with trial testimony, provided special circumstances indicate the prior statements are more reliable and necessary for proving the facts of the criminal offense. (Code of Criminal Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan))
5. Illegally Obtained Evidence
Article 158-2 excludes confessions or other unfavorable statements obtained from the accused or suspect in violation of specific legal provisions from being admitted as evidence, unless it is proven that the violation was not in bad faith and the confession or statement was made voluntarily. (Code of Criminal Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan))
6. Professional Privileges
Article 182 provides that certain professionals, including clergymen, lawyers, physicians, and psychologists, cannot be compelled to testify about confidential communications made during their professional service unless explicit permission is granted by the person who made the communication. (Priest–penitent privilege)
7. Recent Constitutional Ruling
In 2023, Taiwan's Constitutional Court ruled that provisions in the CCP regarding search and seizure were unconstitutional for not excluding communication between lawyers and their clients. The court emphasized the protection of the right to legal counsel and ordered amendments to the CCP to safeguard such communications. (The Decision of the Constitutional Court of Taiwan: Provisions on Search and Seizure of the Code of Criminal Procedure Are Declared Unconstitutional for Not Excluding Communication between Lawyers and Their Clients - Lee, Tsai & Partners)
Civil Procedure (Code of Civil Procedure)
1. Burden of Proof
Article 284 of the CivPC states that a party has the burden of proof regarding any facts it has raised in its favor. To make a preliminary showing of a factual allegation, all kinds of evidence may be used to establish the truth of such allegation to the belief of the court, except for the kind of evidence that cannot be submitted immediately. (Litigation & Dispute Resolution Laws and Regulations Report 2025 Taiwan, Code of Civil Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan))
2. Admissible Evidence
The CivPC allows various types of evidence, including witness testimony, expert opinions, party statements, documents, and inspection of objects. The petitioning party must specify the evidence and the facts to be proven with such evidence. (Comparisons | Global Practice Guides | Chambers and Partners)
3. Discovery Mechanisms
Taiwan does not have a discovery system akin to that of the United States. However, a party may apply to the court to order a third party to produce a document if it is in the third party's possession and is necessary for the case. (Comparisons | Global Practice Guides | Chambers and Partners)
4. Spoliation of Evidence
Article 282-1 addresses the intentional destruction or concealment of evidence by a party. If a party intentionally destroys or hides evidence to obstruct its use by the opposing party, the court may, at its discretion, take as the truth the opposing party's allegation regarding such evidence or the disputed fact to be proved by such evidence. (Code of Civil Procedure - Chapter - Laws & Regulations Database of The Republic of China (Taiwan))
Taiwan's legal framework emphasizes the lawful acquisition and evaluation of evidence, safeguarding the rights of individuals while ensuring the integrity of the judicial process. Recent constitutional rulings reflect an ongoing commitment to uphold constitutional rights within the evidentiary rules.
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