Discreet evidence rules adopted by the amendments to the Code of Criminal Procedure

The meeting held by the Judicial Yuan yesterday (7th) passed the draft of amendments to the Code of Criminal Procedure in which the “discreet evidence rules” and the “rules of collecting evidence by means of compulsory alcohol tests, urine tests and fingerprint collection by judicial police, etc.” shall be adopted. Besides, the significance of a defendant’s confession decreases substantially. When the defendant argues that his confession was obtained unlawfully, the prosecutor should take the burden of proof, e.g. to present a tape or video tape recording the course of interrogation to prove that the defendant gave his confession of his own free will. Concerning evidence that is obtained unlawfully and statements given by witnesses out of court, they should not be used as evidence in principle; however, they may serve as evidence in exceptional circumstances.

Source: China Times 05/08/2002