Code of Criminal Procedure Article 159-5
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 out of trial by a person other than the accused, although not consistent with the provisions of the preceding four articles, may be admitted as evidence, if the party consents to its admissibility as evidence in the trial stage and the court believes its admissibility is proper after considering the circumstances under which the oral or written statement was made.The party, agent, or defense attorney shall be deemed to have granted his consent specified in the preceding section, if during the investigation of evidence in the court he has knowledge of the existence of the circumstances specified in section I of Article 159 as to the inadmissibility of the evidence and fails to object to its admission before the conclusion of oral argument.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第159-5條
被告以外之人於審判外之陳述，雖不符前四條之規定，而經當事人於審判程序同意作為證據，法院審酌該言詞陳述或書面陳述作成時之情況，認為適當者，亦得為證據。
當事人、代理人或辯護人於法院調查證據時，知有第一百五十九條第一項不得為證據之情形，而未於言詞辯論終結前聲明異議者，視為有前項之同意。
當事人、代理人或辯護人於法院調查證據時，知有第一百五十九條第一項不得為證據之情形，而未於言詞辯論終結前聲明異議者，視為有前項之同意。