Code of Criminal Procedure Article 455-5
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.
(Appointing a Public Defender)If a defendant is willing to undertake an imprisonment longer than 6 months not subject to a suspension of sentence and has no defense attorney, the court shall appoint a public defender or lawyer to be his/her defense attorney, in order to assist the bargaining.A defense attorney may express opinions of law and facts during the bargaining process; however, such opinions may not contradict the defendant’s expressed opinion.
中文原文 刑事訴訟法第455-5條
協商之案件，被告表示所願受科之刑逾有期徒刑六月，且未受緩刑宣告，其未選任辯護人者，法院應指定公設辯護人或律師為辯護人，協助進行協商。
辯護人於協商程序，得就協商事項陳述事實上及法律上之意見。
但不得與被告明示之協商意見相反。
辯護人於協商程序，得就協商事項陳述事實上及法律上之意見。
但不得與被告明示之協商意見相反。