Code of Criminal Procedure Article 34

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.

The defense attorney may interview, and have correspondence with, the accused in detention. Such rights may not be restricted, unless there is sufficient evidence to prove that the attorney may destroy, fabricate, or alter evidence, or may collude with accomplices or witnesses.The interview and correspondence between a defense attorney and the accused, or suspect, who is arrested with or without a warrant during an investigation, shall not be restricted. However, the duration of the interview shall not exceed one hour, and the number of interviews is limited to one time only. The elapsed time of the interview shall be deemed as one of the conditions, which is to be excluded from the 24-hour calculation as provided for in Article 93-1. When it is in an urgent situation and the prosecutor has valid reasons, the interview as described in the preceding paragraph may be postponed, and the prosecutor may designate the time and place for an immediate interview. Such a designation shall not jeopardize the legitimate defense of the accused, or suspect, and the defense attorney's rights as described in the provisions of the first half of paragraph 2 of Article 245.
中文原文 刑事訴訟法第34條
辯護人得接見羈押之被告,並互通書信。
非有事證足認其有湮滅、偽造、變造證據或勾串共犯或證人者,不得限制之。
辯護人與偵查中受拘提或逮捕之被告或犯罪嫌疑人接見或互通書信,不得限制之。
但接見時間不得逾一小時,且以一次為限。
接見經過之時間,同為第九十三條之一第一項所定不予計入二十四小時計算之事由。
前項接見,檢察官遇有急迫情形且具正當理由時,得暫緩之,並指定即時得為接見之時間及場所。
該指定不得妨害被告或犯罪嫌疑人之正當防禦及辯護人依第二百四十五條第二項前段規定之權利。

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