萬國法律事務所

The revised draft of the Taiwan Code of Criminal Procedure passed the third reading on 21 April 2017, and the amendments will become effective on the third day after the President's enactment announcement, which is expected soon.

The amendments include that the counsel for a defendant in detention is allowed to access the case files and copy or photograph such files. However, if there is a possibility that such access to certain case files may lead to the destruction, fabrication, or alternation of evidence, or possible endangerment to other people's lives, the prosecutor may limit such rights. The limitation includes allowing access to the files in the Court, or limiting the content accessible to the defense counsel.

However, in order to put such limitations on access to the case files, the prosecutor must demonstrate the reasons for the limits to the Court and the manner of any limitation shall be decided upon by the Judge.