The duty of a witness is to provide a statement as a third party who has observed past events to the court or prosecuting authorities. Witnesses often have firsthand knowledge of the truth of the matter, and their presence and truthful testimony have a significant impact on the accuracy of the investigation and trial. Therefore, it is generally considered a civic duty for citizens to act as witnesses.
The duty of a witness includes the following:
1. Obligation to appear: When a witness receives a summons from the court or prosecutor's office, they are obliged to appear as a witness unless there are valid reasons preventing them from doing so (such as severe illness, natural disasters, or transportation disruptions). In principle, the witness cannot be replaced by another person or provide a written report instead (as this goes against the principles of direct examination and oral trial). Violation of this obligation can result in a fine of up to NT$30,000, and the witness may be compelled to appear in court or face consecutive penalties.
2. Obligation to provide testimony: Witnesses have an obligation to truthfully state the facts they have witnessed. Violation of this obligation can result in a fine of up to NT$30,000. However, there are situations where witnesses may refuse to testify, such as when they have close relatives or a special status with the parties involved in the litigation or when they possess knowledge about confidential matters concerning others in their professional capacity (e.g., doctors, lawyers). Whether a witness can refuse to testify should be determined by the judge or prosecutor and cannot be decided arbitrarily by the witness.
3. Obligation to provide a written deposition: To ensure that witnesses accurately state what they have seen and heard, the law requires witnesses to provide a written deposition, guaranteeing the truthfulness of their statements. If a witness refuses to provide a written deposition without valid reasons (such as being under the age of sixteen or having a mental disability that prevents them from understanding the obligation and effect of a deposition), they may be subject to a fine of up to NT$30,000. If a witness intentionally provides false testimony despite having provided a written deposition, they may be charged with perjury, which carries a penalty of up to seven years of imprisonment.
Rights of witnesses: Witnesses are entitled to receive daily expenses and travel expenses after their testimony by presenting the receipt to the appropriate authority. However, witnesses who have been compelled to appear or have refused to provide a written deposition or testimony without valid reasons are not eligible to receive these expenses.