How to Obtain Case File Examination Materials?

How to Obtain Case File Examination Materials?

• If you have previously retained a lawyer to assist with your case

  You can directly request a copy from your lawyer, which is the fastest way.

• If you cannot obtain copies of the case file examination materials from your lawyer

  Case Type	Reference Forms		Submit To
  Civil and Administrative Litigation	The Judicial Yuan's "Reference Forms for Legal Documents - Civil Litigation Section" includes the "Civil Application for Case File Examination." The Judicial Yuan's "Reference Forms for Legal Documents - Administrative Litigation Section" includes the "Request for Case File Examination."		Court
  Criminal Cases After Prosecution	If you are a defendant	Previously only defense counsel could examine case files, but the law was amended in June 2019! Article 33, Paragraph 2 of the Criminal Code of Procedure stipulates that "During the trial, a defendant may prepay the fees and request copies of the case files and evidence." This means defendants can apply to examine case files themselves, and of course, they can also ask a lawyer for help.	Court
  	If you are a private prosecutor / informant — without applying for victim participation	Article 271-1 of the Criminal Code of Procedure mutatis mutandis applies to Article 33, Paragraph 1, but does not apply mutatis mutandis to Paragraph 2. Therefore, informants cannot examine case files themselves and must engage a lawyer to do so.	Court
  	If you are a victim — who has applied for victim participation	Article 455-42 of the Criminal Code of Procedure stipulates that "An agent may inspect, copy, duplicate, or photograph the case files and evidence during the trial." "Where there is no agent, or the agent is a participant in proceedings who is not an attorney, the victim may prepay fees during the trial to request copies of the case files and evidence." That is, if the criteria for victim participation in proceedings are met and the court grants participation, the victim may examine the files personally.	Court
  Criminal Cases After Final Judgment	If you are a defendant	Article 429-1, Paragraph 3 of the Criminal Code of Procedure mutatis mutandis applies to Paragraphs 1 and 2 of Article 33 of the same Code: "The defendant may personally apply to inspect, copy, photograph, or duplicate copies of the entire case file." That is, the defendant can apply personally or enlist the help of a lawyer.	Court
  	If you are an informant or victim	Unable to obtain case file examination materials
  Criminal Cases Administrative Closure or Non-Prosecution	Except for non-prosecution cases where an application has been made to the court to "grant permission to initiate a private prosecution," case file examination materials cannot be obtained due to the principle of non-disclosure of investigation.

How to Obtain Audio and Video Discs?

Whether it is police questioning, prosecutor interrogation, or court hearings, all proceedings are recorded, and audio recordings are necessary to reconstruct the court proceedings.

1. Court Hearing Audio Discs

   Currently, courtrooms in Taiwan only record audio and do not record video, so only court hearing audio discs can be requested. Pursuant to Article 90-1, Paragraph 1 of the Court Organization Act, if parties wish to assert or protect their legal interests, they may apply to the court for permission to issue the court hearing audio disc from the day following the hearing until 6 months after the final judgment. For cases sentenced to death, life imprisonment, or imprisonment for 10 years or more, applications may be made up to 2 years after the final judgment.

2. Prosecutorial Interrogation Video Discs

   Currently, prosecutors' interrogation rooms in Taiwan are equipped with video recording, and video discs of the interrogation room can be requested. To review interrogation room video discs, applications must in principle follow the general regulations for criminal case file examination. That is, the case must be prosecuted before an application can be made to the court; please refer to the explanation on "How to Obtain Case File Examination Materials" above.