When domestic violence is suspected to be a criminal offense or an offense that violates social order (e.g., stalking^[31]) and is known to the police, normally through the victim himself/herself, persons of interest or relevant NGOs making a police report to the police.

A law firm may be involved when engaged by or on behalf of the victim or the accused, as the case may be.

Taiwan does not have laws specifically tailored to the collection of proof related to domestic violence cases. Therefore, the legal means to collect evidence/proof is subject to other general laws such as the Taiwan Code of Criminal Procedure.

Regarding the type of domestic violence that may lead to a criminal offense, the Taiwan Code of Criminal Procedure generally applies. Under this code, to determine whether a piece of evidence can be admissible in court, such evidence will first be collected, investigated lawfully, examined during trial and reviewed by the court under due process.^[32]

Yes, as discussed under the previous point. Note that, in practice, unauthorized audio or video recordings conducted by civilians, though inadmissible as evidence in some countries or some states in the US, are generally admissible in Taiwan, especially if the recorder is one of the parties in the recording.

Yes, affirmative defenses such as self-defense,^[34] aversion of imminent danger,^[35] insanity,^[36] consent, etc. are available to the accused as long as required elements are satisfied.

Yes, false accusations of a criminal offense are punishable.^[38]

Under the context of domestic violence crimes, consent as an affirmative defense is based on the principal of the right of self-determination of the victim. To uphold this defense, the elements below need to be satisfied:

• The right involved is disposable. For example, the victim cannot give consent to be killed^[39] or severely injured^[40] (Article 282 of the Criminal Law) because the victim's rights involved are not disposable.
• The victim has the ability to give the consent.
• Consent is given under the victim's free will.
• Consent is given manifestly before the offense.
• The accused knows of the consent.

Yes, as mentioned under Section 5.3 "Are affirmative defenses available to the accused?" self-defense and insanity are both affirmative defenses.

A witness's duty to testify honestly and completely means that the testimony to be given by that witness should be based upon facts without any concealment, disguise, addition or modification.^[41]

The witness must make such a statement in an affidavit and sign it unless the witness is: (1) under the age of 16; or (2) unable to understand the meaning and effect of an affidavit because of a mental disability.^[42]

Witnesses who sign an affidavit affirming the truthfulness of their statements but make a false statement on a material matter to the case will be accused of perjury (i.e., lying under oath, a criminal offense) ^[43] and the court will disqualify their witness testimony.

A witness may abstain from testifying should he/she meet the following requirements:

1. The witness's specific identity:

1. He/she is or was a public official who is asked to testify on confidential matters, but he/she has not obtained permission from the supervising authority to testify.^[44]
2. He/she is or was a medical doctor, pharmacist, obstetrician, member of clergy, lawyer, defense attorney, notary public, accountant, or he/she is or was an assistant of one of such persons and has learned confidential matters because of his/her occupation, without obtaining the permission of the source of information to testify on such matters.^[45]

2. Protection against self-incrimination:

His/her testimony may subject himself/herself to criminal prosecution or punishment.^[46]

3. Witness's relationship with the accused/the civilian who prosecutes the case

1. He/she is or was the spouse, lineal blood relative,^[47] collateral blood relative^[48] within the third degree^[49] of kinship, relative by marriage^[50] within the second degree of relationship,^[51] family head, or family member of the accused or the civilian who prosecutes the case.^[52]
2. He/she is betrothed to the accused or the civilian who prosecutes the case.^[53]
3. He/she is or was the statutory agent^[54] of the accused or the civilian who prosecutes the case or the accused or the civilian who prosecutes the case is or was the statutory agent of the witness.^[55]
4. His/her testimony might subject the person listed in 3. (1) to 3. (3) to criminal prosecution or punishment.^[56]

It should be noted that if there are several accused parties or if the civilian who prosecutes the cases is involved, a witness who has the relationship mentioned under 3.(1), 3.(2), and 3.(3) with one or some of the accused/the civilian who prosecute the case, the witness is still required to testify on matters that relate only to other accused parties or to another civilian who prosecutes the case.

We assume that this question is aimed specifically at the legal impact, not other impacts such as psychological impact, and that this question means whether the laws treat witnesses who are children differently.

If so, yes. Children aged below 12 as defined by the relevant laws^[57] can be called upon to testify as a witness; however, they are not required to sign an affidavit because they are under the age of 16.^[58]

Please note the following specific requirements to protect child witnesses in domestic violence cases:

• During placement, it is prohibited to require children to testify for purposes other than protecting them.^[59]
• Children must be accompanied by social workers during any interview or inspection.^[60]
• When the prosecutor considers it necessary to interview the accused/defendant or ask the victim's children to testify, the interview and the procedure for witness testimony must be conducted separately, if applicable. The prosecutor will take the children's emotional state and condition into consideration.^[61]
• The prosecutor will not invoke the testimony of the accused/defendant's children in a criminal complaint as the only evidence to prove domestic violence unless necessary.^[62]

Yes, with certain limitations and protections as discussed in the previous point.

In the case that a child is a victim:

• the offender will be subject to harsher punishments (e.g., if the victim is a child, the punishment might be 1.5 times the severity)^[63]
• the prosecuting authority has the power to prosecute and lodge complaints against the offender independently, without being subject to the victim's prerequisite complaint^[64]
• the offender who maltreats children or impairs his/her mental or physical health or development thereof will be charged with additional offenses^[65]

Please note that the Legislative Yuan (Taiwan's parliament) is currently drafting legislation to amend the Criminal Law to impose harsher penalties in cases where child victims are concerned.^[66]

Taiwan does not have laws specifically tailored to address first-time domestic violence offenses. Penalties and sentencing laws are stipulated in other general laws such as Criminal Laws. Therefore, penalties and sentencing laws are subject to the nature of the domestic violence (e.g., verbal harassment, sexual assault, homicide, assault, abandonment or offense against freedom) and can vary from no penalty(e.g., torts such as verbal harassment committed in private that are not considered criminal offenses) up to the death penalty (e.g., murder).

If the domestic violence is a criminal offense, yes.

Violating a court's protection order is a criminal offense. The offender will be subject to a term of imprisonment of not more than three years' detention and/or a fine of not more than TWD 100,000 (USD 3,425).^[67]

As mentioned above, the offender might be subject to a fine of not more than TWD 100,000 (USD 3,425) for violating a protection order.

The victim will be notified under the following circumstances:

If the offender is released because detention has not been granted or detention has been revoked by the court, in which case the court or prosecutor's office will notify the police department and the domestic violence prevention center. The police department and domestic violence prevention center will give immediate notice to the victim or the victim's family member.^[68]

Before a domestic violence offender or a protection order offender is released from prison, the correction authority will give notice to the victim, the police department and the domestic violence prevention center of the scheduled release date of the offender. In addition, if the sentenced offender escapes from prison, the correction authority will give the same notice.^[69]