Code of Criminal Procedure Article 156
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.
Confession of an accused not extracted by violence, threat, inducement, fraud, exhausting interrogation, unlawful detention or other improper means and consistent with facts may be admitted as evidence.Confession of an accused, or a co-offender, shall not be used as the sole basis of conviction and other necessary evidence shall still be investigated to see if the confession is consistent with facts.If the accused states that his confession was extracted by improper means, his confession shall be investigated prior to investigating other evidences; if the said confession is presented by the public prosecutor, the court shall order the public prosecutor to indicate the method to prove that the confession is obtained under the free will of the accused.Where an accused has made no confession nor has there been any evidence, his guilt shall not be presumed merely because of his refusal to make a statement or remaining silent.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第156條
被告之自白,非出於強暴、脅迫、利誘、詐欺、疲勞訊問、違法羈押或其他不正之方法,且與事實相符者,得為證據。
被告或共犯之自白,不得作為有罪判決之唯一證據,仍應調查其他必要之證據,以察其是否與事實相符。
被告陳述其自白係出於不正之方法者,應先於其他事證而為調查。
該自白如係經檢察官提出者,法院應命檢察官就自白之出於自由意志,指出證明之方法。
被告未經自白,又無證據,不得僅因其拒絕陳述或保持緘默,而推斷其罪行。
被告或共犯之自白,不得作為有罪判決之唯一證據,仍應調查其他必要之證據,以察其是否與事實相符。
被告陳述其自白係出於不正之方法者,應先於其他事證而為調查。
該自白如係經檢察官提出者,法院應命檢察官就自白之出於自由意志,指出證明之方法。
被告未經自白,又無證據,不得僅因其拒絕陳述或保持緘默,而推斷其罪行。