Code of Criminal Procedure Article 31

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.

If the accused has not retained a defense attorney in any one of the following circumstances, the presiding judge shall appoint a public defender or attorney for the defendant:1. Where the minimum punishment is no less than three-year imprisonment. 2. Where a high court has jurisdiction over the first instance.3. Where the accused is unable to make a complete statement due to mental disorder or other mental deficiencies.4. Where the accused is an aborigine, and is being prosecuted or is put on trial following normal proceedings.5. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney.6. Where the presiding judge deems it necessary for the case. If the retained attorney, in the said case as described in the preceding paragraph, without just cause, does not appear in court during the trial dates, the presiding judge may appoint a public defender or attorney.A single public defender may be appointed to represent more than one accused. However, this rule does not apply where there is conflict of interests between the accused.Where after a public defender is appointed, the accused who retains a defense attorney may revoke the appointment.If the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies, or who is an aborigine, has not retained a defense attorney during an investigation, the prosecutor, judicial police officer, or judicial police should notify a legally established legal aid agency to assign an attorney for the accused's or suspect's defense. However, if the accused or suspect requests an immediate interrogation or questioning, or if the defense attorney is not present after more than a four-hour wait, the interrogation or questioning may be commenced.
中文原文 刑事訴訟法第31條
有下列情形之一,於審判中未經選任辯護人者,審判長應指定公設辯護人或律師為被告辯護:
一、最輕本刑為三年以上有期徒刑案件。
二、高等法院管轄第一審案件。
三、被告因身心障礙,致無法為完全之陳述。
四、被告具原住民身分,經依通常程序起訴或審判。
五、被告為低收入戶或中低收入戶而聲請指定。
六、其他審判案件,審判長認有必要。
前項案件選任辯護人於審判期日無正當理由而不到庭者,審判長得指定公設辯護人或律師。
被告有數人者,得指定一人辯護。
但各被告之利害相反者,不在此限。
指定辯護人後,經選任律師為辯護人者,得將指定之辯護人撤銷。
被告或犯罪嫌疑人因身心障礙,致無法為完全之陳述,或具原住民身分,於偵查中未經選任辯護人,檢察官、司法警察官或司法警察應通知依法設立之法律扶助機構指派律師到場為其辯護。
但經被告或犯罪嫌疑人主動請求立即訊問或詢問,或等候律師逾四小時未到場者,得逕行訊問或詢問。

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