Taiwan Amends Law to Require Prosecutors’ Approval for Urine Sample Collection


Taipei: Police in Taiwan must now obtain approval from prosecutors before demanding suspects provide a urine sample in non-urgent cases, following amendments to the Code of Criminal Procedure. Under the amendments, which passed the Legislative Yuan on Friday, police are only allowed to collect a non-invasive urine sample over a suspect’s objections where immediate collection is needed to preserve evidence.



According to Focus Taiwan, in such instances, police must still seek prosecutors’ approval within 24 hours. If prosecutors decide the collection was not justified, the samples and test results are to be destroyed within three days. The amended law also stipulates that police inform suspects of the prosecutor’s approval, which is required for each individual sample provided.



Meanwhile, those who are forced to provide a urine sample over their objections can apply for a court order within 10 days asking for the sample and test result to be destroyed. According to the law revision, the court may not dismiss the petition on the grounds that the collection has already been completed.



Friday’s passage follows a 2022 Constitutional Court ruling that a legal provision allowing police to forcibly extract urine from uncooperative suspects was unconstitutional. The ruling required the government to amend the Code of Criminal Procedure as appropriate within two years.