Although the criminal justice system in Taiwan does not clearly recognize the accused the right to proceed pro se, the accused actually proceeds pro se if there is no counsel at trial in cases of non-mandatory required representation by defense counsel according to Paragraph 1 of Article 31 of the ROC CPC. Based on a theory of fair trial, as a result, the court is supposed to protect the right to counsel of the pro se defendant to compete with the prosecutor. In any event, the fair trial only reserves the chance of a fair game instead of a promise of acquitting the accused at the end.