4. Obligations and Rights of a Witness

• Publication Date： 2015-05-04
• Last updated：2023-12-16
• View count：5902

1. A witness is a third person who states the facts he or she observed in the past to the court or prosecutor. Because truthful testimony is essential to the correctness of the investigation and trial, all citizens have the obligation to bear witness.
2. The obligations of a witness include:
• Appearing is necessary:
  When a witness is summoned to the court or the prosecutors office, he or she must appear unless he or she has convincing reasons to be absent (such as being incapable to move due to severe illness, a natural disaster or disruption of the transportation system). Based on the principles of direct trial and
  verbal trial, the witness is not allowed to designate another or bear witness in writing. If the witness fails to fulfill these obligations he or she may be fined up to NT$30,000 each occurrence and may be arrested to make an appearance.
• Stating the facts is essential:
  A witness has the obligation to recount the facts he or she has seen or heard. If the testimony is false the violator may be fined up to NT$30,000. When the witness is a close relative or has special status disabling him or her to give a testimony he or she may refuse to do so.
  For instance, if the witness is the spouse or a relative of the defendant or if he or she must remain confidential due to occupation (doctor or lawyer), he or she may refuse to give testimony. As to whether a witness can refuse to give a testimony, it should be determined by the judge or the prosecutor rather than by the witness.
• Signing a bond:
  To ensure that a witness tells the truths , he or she shall sign a bond to guarantee the truthfulness of all statements. If a witness refuses to sign the bond without convincing reasons (such as being under 16 years of age or a mentally ill person who does not understand the obligation and/or the effect of signing a bond), he or she may be fined up to NT$30,000. If a witness who has signed a bond willfully gives false testimony, he or she commits the crime of perjury and could be sentenced up to seven years imprisonment.
3. The rights of a witness:
   A witness may claim conduct money including the travel expenses for appearing and giving a testimony. But this does not apply to a witness who is arrested for failing to appear or who has refused to sign a bond or give a testimony without convincing reasons.