Code of Criminal Procedure Article 35

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.

After the prosecution has been commenced, a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, or statutory agent of the accused or private prosecutor may apply to the court in a written, or in an oral statement, on the trial date, for permission to act as the assistant of the accused, or private prosecutor.An assistant may act upon the suit as described in this Act, and may make statements in the court. However, such statements may not be contrary to the clearly expressed opinion of the accused or private prosecutor. If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, he/she shall be accompanied by an assistant, as described in the first paragraph of this article, or by an authorized agent, or a social worker, appointed by a governmental agency or a relevant social welfare organization, or accompanied by other professionals. However, this rule does not apply, where the said accompanying assistant, after a legal notification is served, fails to appear in court without just cause.
中文原文 刑事訴訟法第35條
被告或自訴人之配偶、直系或三親等內旁系血親或家長、家屬或被告之法定代理人於起訴後,得向法院以書狀或於審判期日以言詞陳明為被告或自訴人之輔佐人。
輔佐人得為本法所定之訴訟行為,並得在法院陳述意見。
但不得與被告或自訴人明示之意思相反。
被告或犯罪嫌疑人因身心障礙,致無法為完全之陳述者,應有第一項得為輔佐人之人或其委任之人或主管機關、相關社福機構指派之社工人員或其他專業人員為輔佐人陪同在場。
但經合法通知無正當理由不到場者,不在此限。

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