Code of Criminal Procedure Article 159-3
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.
Statements made in the investigation stage by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman may be admitted as evidence, if one of the following circumstances exists in trial and after proving the existence of special circumstances indicating its reliability and its necessity in proving the facts of criminal offense:(1) The person died;(2) The person has lost his memory or has been unable to make a statement due to physical or emotional impairment;(3) The person cannot be summoned or has failed to respond to the summons due to the fact that he is staying in a foreign country or his whereabouts are unknown;(4) The person has refused to testify in court without justified reason.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第159-3條
被告以外之人於審判中有下列情形之一，其於檢察事務官、司法警察官或司法警察調查中所為之陳述，經證明具有可信之特別情況，且為證明犯罪事實之存否所必要者，得為證據：
一、死亡者。
二、身心障礙致記憶喪失或無法陳述者。
三、滯留國外或所在不明而無法傳喚或傳喚不到者。
四、到庭後無正當理由拒絕陳述者。
一、死亡者。
二、身心障礙致記憶喪失或無法陳述者。
三、滯留國外或所在不明而無法傳喚或傳喚不到者。
四、到庭後無正當理由拒絕陳述者。