A summons identifying you as a “witness” calls you to describe what you know in another person's case; this is a different current procedural role from a defendant's summons (Code of Criminal Procedure, Article 175). It does not guarantee that your status can never change as an investigation develops. A person generally has a duty to testify in another's case (Article 176-1), and unjustified failure to attend after lawful summons can lead to a fine and compelled appearance (Article 178). Statutory rights protect specified family relationships (Article 180) and testimony that may expose the witness or those relatives to criminal prosecution or punishment (Article 181). A witness is generally placed under oath after notice of the duty and perjury penalty (Article 187). False material testimony under oath can be perjury (Criminal Code, Article 168). This page explains the law; it gives no advice on evading testimony.
How is a witness summons different from a defendant's summons?
Article 175 requires a witness summons to state the witness's identity and address, matter to be proved, time and place to attend, and warning that unjustified absence may result in a fine and compelled appearance.
If the summons currently lists you as a witness, the prosecutor or court is calling you to give evidence in someone else's case rather than summoning you as a defendant. That current designation does not settle what later investigation may reveal; the Ministry of Justice explains that a witness's status may change to a suspect's status as evidence develops.
Must a witness attend, and what should the summons contain?
Unless law provides otherwise, everyone has a duty to testify in another person's case (Article 176-1). The summons is signed by the prosecutor in an investigation and by the presiding or commissioned judge at trial. It must normally be served at least 24 hours before appearance, except in an urgent situation (Article 175(3)–(4)).
A lawfully summoned witness should attend at the stated time and place. The summons also states the possibility of claiming daily and travel expenses under Article 175(2)(5).
What if a witness does not attend without a valid reason?
Article 178(1) permits a fine of up to NT$30,000 and compelled appearance when a lawfully summoned witness fails to attend without a valid reason, including after another summons. A court issues the fine order; when the prosecutor summoned the witness, the prosecutor applies to the court (paragraph 2).
The fine order may be appealed under Article 178(3). Whether an absence has a valid reason depends on the circumstances.
Can a family member refuse to testify?
Article 180(1) permits refusal for a current or former spouse, lineal blood relative, collateral blood relative within the third degree, relative by marriage within the second degree, household head or member, fiancé(e), or current or former legal-representative relationship with the defendant or private prosecutor. The provision's precise relationship requirements must be checked.
A witness related to only one of several co-defendants cannot use this ground when testifying solely about another co-defendant (Article 180(2)). Before questioning, officials must check the relationship and, where applicable, explain the right to refuse (Article 185).
What if testimony could incriminate the witness or family?
證人恐因陳述致自己或與其有前條第一項關係之人受刑事追訴或處罰者，得拒絕證言。（刑事訴訟法第181條）
Unofficial English summary (not an official translation): Article 181 permits a witness to refuse testimony that may lead to criminal prosecution or punishment of the witness or a person within Article 180(1)'s relationships.
A witness generally must explain the reason for refusal, but in an Article 181 situation may use an oath instead of that explanation (Article 183(1)). Article 181-1 limits refusal on cross-examination by a non-defendant concerning the defendant after related testimony on direct examination. The applicable right should be assessed in the actual questioning context.
What is an oath, and when is it required?
A witness is generally required to take an oath. It must not be required from someone under 16 or someone who cannot understand its meaning and effect due to a mental or intellectual impairment (Article 186(1)). A witness entitled to refuse under Article 181 must be told so (paragraph 2).
證人具結前，應告以具結之義務及偽證之處罰。對於不令具結之證人，應告以當據實陳述，不得匿、飾、增、減。（刑事訴訟法第187條）
Unofficial English summary (not an official translation): Article 187 requires officials to explain the oath duty and perjury penalty before the oath; a witness not placed under oath must be told to speak truthfully without concealment, alteration, addition or omission.
Before questioning, officials also check identity and relevant Article 180 family relationships (Article 185). The oath formalizes the obligation to testify truthfully.
What if sworn testimony is false?
Unjustified refusal to take an oath or testify, and a false oath used in place of explaining an Article 181 refusal, may lead to a fine of up to NT$30,000 under Article 193, with the related court-order and appeal rules.
於執行審判職務之公署審判時或於檢察官偵查時，證人、鑑定人、通譯於案情有重要關係之事項，供前或供後具結，而為虛偽陳述者，處七年以下有期徒刑。（中華民國刑法第168條）
Unofficial English summary (not an official translation): Criminal Code Article 168 punishes a witness, expert or interpreter who, under oath before or after testimony in court or a prosecutor's investigation, makes a false statement on a material matter by up to seven years' imprisonment.
False material testimony under oath is therefore different from a procedural fine for failure to comply with witness duties. This page describes obligations and rights and does not suggest any particular account of events.
When might legal advice help?
If you are unsure of your current summons status, whether a statutory refusal ground applies, or what an oath requires, seek advice promptly. This is general information, not advice for an individual case.