Code of Criminal Procedure Article 105

This English translation was last updated on 2020-01-15, but the Chinese text was amended on 2026-05-13. Later amendments may not be reflected in the translation — please refer to the Chinese text.

A detained accused may be placed under restraint only if such restraint is necessary to accomplish the purpose of the detention house or to maintain order in the detention house.An accused may have his own food and daily necessities, may receive visitors, may send and receive mail, and receive books or other things, but the detention house may censor them. If a court deems that the meeting with visitors, and the sending or receiving of mails or things as specified in the preceding section produce facts sufficient to justify an apprehension that the accused may escape or destroy, forge, or alter evidence or conspire with a co-offender or witness, the court may, upon the application of the public prosecutor or muto proprio, prohibit the meeting, sending and receiving or seize the things received. In case of emergency, the public prosecutor or the detention house may take necessary actions, provided that the same shall be referred immediately to the court concerned for approval.The object, scope, and time period subject to the prohibition or seizure made in accordance with the provisions of the preceding section shall be decided, in the stage of investigation, by the public prosecutor, and in the stage of trial, by the presiding judge or commissioned judge. The same shall be enforced by the detention house under the instruction of the above referenced persons, provided that nothing can be done to restraint the accused's justified right of defending himself.No restraint shall be placed upon the body of an accused unless sufficient facts exists to support the apprehension of violence, escape, or suicide; such restraint shall be taken by the officer in charge of the detention house only in the case of urgent necessity, and such action shall be referred immediately to the court for approval.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第105條
管束羈押之被告,應以維持羈押之目的及押所之秩序所必要者為限。
被告得自備飲食及日用必需物品,並與外人接見、通信、受授書籍及其他物件。
但押所得監視或檢閱之。
法院認被告為前項之接見、通信及受授物件有足致其脫逃或湮滅、偽造、變造證據或勾串共犯或證人之虞者,得依檢察官之聲請或依職權命禁止或扣押之。
但檢察官或押所遇有急迫情形時,得先為必要之處分,並應即時陳報法院核准。
依前項所為之禁止或扣押,其對象、範圍及期間等,偵查中由檢察官;審判中由審判長或受命法官指定並指揮看守所為之。
但不得限制被告正當防禦之權利。
被告非有事實足認為有暴行或逃亡、自殺之虞者,不得束縛其身體。
束縛身體之處分,以有急迫情形者為限,由押所長官行之,並應即時陳報法院核准。

English translation for reference only; the Chinese text prevails. Not legal advice.