The criminal investigation phase (zhencha) is a critical part of Taiwanese criminal procedure. During this phase, the prosecutor investigates the facts of the case and holds closed hearings to determine whether a defendant should be indicted.
Taiwan’s Code of Criminal Procedure prohibits prosecutors, police, defense counsel, and others connected with a case from releasing any information during the criminal investigation phase with a public interest exception. Code of Criminal Procedure § 245. In practice there are many leaks.
The prohibition on releasing information is fleshed out in an important set of regulations known as the “Regulations Governing Non-Disclosure of Investigations” issued in 2012 . The Winkler Partners Translation Department has now translated the Regulations as part of an ongoing project to release important but untranslated laws and regulations.
The translation is available for download here.
“Regulations Governing Non-Disclosure of Investigations” by Winkler Partners is licensed under a Creative Commons Attribution 3.0 Unported License.
Based on a work at law.moj.gov.tw.