Code of Criminal Procedure

2020-01-15

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PART I GENERAL PROVISIONS

CHAPTER I APPLICATION OF THE CODE

Article 1

Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 2

A public official who conducts proceedings in a criminal case shall give equal attention to circumstances both favorable and unfavorable to an accused.
An accused may request the public official specified in the preceding paragraph to take necessary measures favorable to the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 3

The term "party" as used in this Code refers to a public prosecutor, a private prosecutor, or an accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 3-1

The term "confiscation", as used in this Code, includes its alternative measures.

CHAPTER II JURISDICTION OF COURTS

Article 4

The district court has the jurisdiction over the first instance of a criminal case, provided that the high court has the jurisdiction over the first instance of the following cases:
(1) An offense against the internal security of the State;
(2) An offense against the external security of the State;
(3) An offense of interference with relations with other States.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 5

A court of the place where an offense is committed or where an accused is domiciled, resides, or is located shall have jurisdiction over the case.
If an offense is committed on a vessel or an aircraft of the Republic of China outside the territory of the Republic of China, the court of the place where the vessel is registered or from which the aircraft departed or landed after the commission of the offense shall also have jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 6

If related cases are subject to the jurisdiction of several courts of the same level, one of such courts may combine them and take jurisdiction over the cases.
The cases specified in the preceding paragraph which are pending in several courts may, by mutual consent of such courts, be transferred by a ruling to one of such courts to be tried together; if there are disagreements, a ruling by the court immediate superior to all such courts shall determine jurisdiction.
Related cases that are subject to the jurisdiction of several courts of different levels may be combined and jurisdiction taken by the highest of such courts; related cases pending in lower courts may, by a ruling of the higher court, be transferred to it to be tried together, provided that the cases specified in Item 3 of Article 7 are not subject to the provisions of this paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 7

If one of the following circumstances exists, the cases are considered to be related:
(1) One person commits several offenses;
(2) Several persons jointly commit one or several offenses;
(3) Several persons separately commit offenses at the same time and place;
(4) The commission of concealment of offenders, destruction of evidence, perjury, or receipt of stolen property is related to the instant offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 8

If the same case is pending in several courts which have jurisdiction, the court in which the case was first pending shall try it, provided that by a ruling of a court immediately superior to all such courts the case may be tried by a court in which it was pending later in time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 9

The immediately superior court shall, by a ruling, determine the court to take jurisdiction in one of the following circumstances:
(1) Several courts dispute jurisdiction;
(2) A court which has jurisdiction is, determined by a final judgment, lack of jurisdiction, and there is no other court which can exercise jurisdiction over the case;
(3) Uncertain judicial district boundaries make it impossible to determine which court has jurisdiction.
If jurisdiction cannot be determined by applying the provisions of the preceding paragraph or Article 5, the Supreme Court shall, by a ruling, determine the court to take jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 10

In one of the following circumstances, the immediate superior court shall, by a ruling, order the transfer of a case to another court within its judicial district and of the same level as the original court:
(1) The court which has jurisdiction is unable to exercise its judicial power because of law or fact;
(2) Due to special circumstances, it is considered that a trial by a court that has jurisdiction will probably lead to the disturbance of public peace or unfairness.
Where the immediate superior court is unable to exercise its judicial power, the aforesaid ruling shall be made by the immediate higher court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 11

A motion by a party to determine or transfer jurisdiction shall be in writing, set forth the reasons therefore, and be filed with a proper court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 12

Proceedings shall not be void because of a court's lack of jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 13

A court may exercise its functions outside its judicial district if it is necessary to discover facts or in time of emergency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 14

A court shall, in time of emergency, take necessary measures within its judicial district notwithstanding that it has no jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 15

The cases specified in Article 6 may be jointly investigated or prosecuted by one public prosecutor; in case where one of the public prosecutors who was originally allocated the case concerned disagrees with the decision, the disagreement shall be settled by an order made by the chief prosecutor of their mutually immediately superior Public Prosecutors Office, or by the Prosecutor General.

Article 16

The provisions of Article 13 and 14 shall apply mutatis mutandis to a public prosecutor in an investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER III DISQUALIFICATION OF COURT OFFICERS

Article 17

Where there is one of the following circumstances in the case before him/her, a judge shall disqualify himself/herself from the case concerned on his/her own motion and may not exercise his/her functions:
(1) where the judge is the victim of the offenses charged in the case concerned;
(2) where the judge is or was the spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of relationship, family head, or family member of the accused or of the victim;
(3) where the judge has been engaged to the accused or the victim;
(4) where the judge is or was the statutory agent of the accused or the victim;
(5) where the judge had acted as the agent, defense attorney, or assistant of the accused or as the agent or assistant of the private prosecutor or of a party in the supplementary civil action;
(6) where the judge had acted as a complainant, informer, witness or expert witness;
(7) where the judge had exercised the functions of the public prosecutor or judicial police officer;
(8) where the judge had participated in the decision at a previous trial.

Article 18

A party may make a motion to disqualify a judge in one of the following circumstances:
(1) where circumstances specified in the preceding article exist and the judge has not disqualified himself/herself from the case concerned on his/her own motion;
(2) where circumstances other than those specified in the preceding article exist which would justify a view that the judge may be prejudiced in the exercise of his functions.

Article 19

A party may, at any stage of the proceedings, motion to disqualify a judge in the circumstances specified in Subparagraph 1 of the preceding article.
A party who has already made a pleading or a statement on the substance of the case may not subsequently make a motion to disqualify a judge in accordance with Subparagraph 2 of the preceding article, unless the circumstances specified in the said Subparagraph occur or are discovered subsequent to the pleading or statement on the substance of the case.

Article 20

A motion to disqualify a judge shall set forth the reasons of disqualification in writing, and be filed with the court to which the judge belongs, except when such a motion is made on the trial dates or during examination, where it may be made verbally.
Reasons for the motion to disqualify a judge and facts required of by the proviso of the second paragraph of the preceding article shall be set forth and explained.
A judge against whom a motion of disqualification is made may file a written opinion.

Article 21

A motion to disqualify a judge shall be determined by a ruling rendered by a panel of judges of the court to which the judge so motioned belongs; when a quorum of the panel is not present, such a ruling shall be made by the president of the court; where it is impossible for the president to render such a ruling, it shall be made by the court which is immediately superior to the court to which the judge so motioned belongs.
A judge against whom a motion of disqualification is made shall not participate in the ruling specified in the preceding paragraph.
If a judge against whom a motion of disqualification is made considers that such a motion is well-grounded, he/she shall thereupon disqualify himself/herself without a ruling being made.

Article 22

Where a motion is made for the disqualification of a judge, the proceedings shall be suspended except for making an emergency decision or in the case where the motion is based upon Subparagraph 2 of Article 18.

Article 23

An interlocutory appeal may be made against a ruling that dismissed a motion to disqualify a judge.

Article 24

A court that has jurisdiction to hear a motion to disqualify a judge or the president of the said court shall sua sponte make a ruling requiring the motioned disqualification if the said court or its president considers that reasons exist which require the judge to disqualify himself/herself on his/her own motion.
A ruling made in accordance with the preceding paragraph does not need to be served.

Article 25

Provisions in this chapter relating to the disqualification of a judge shall apply mutatis mutandis to a court clerk or interpreter, provided that the previous service as a clerk or interpreter in a lower court is not a reason for disqualification.
The disqualification of a court clerk or interpreter shall be determined by a ruling rendered by the president of the court to which the clerk or interpreter is attached.

Article 26

The provisions of Articles 17 through 20 and Article 24 concerning the disqualification of a judge shall apply mutatis mutandis to a public prosecutor, a public prosecutor investigator, or a clerk who deals with public prosecuting affairs, provided that previous service as a public prosecutor, a public prosecutor investigator, a clerk, or an interpreter in a lower court is not a reason for disqualification.
A motion to disqualify a public prosecutor, a public prosecutor investigator, or a clerk specified in the preceding paragraph shall be made to the chief prosecutor concerned or the Prosecutor General for appraisal and decision.
A motion to disqualify a chief prosecutor shall be made to the chief prosecutor of the immediately superior Public Prosecutors Office or to the Prosecutor General for appraisal and decision; the same rule shall apply if there is only one prosecutor.

CHAPTER IV DEFENSE ATTORNEYS, ASSISTANTS, AND AGENTS

Article 27

The accused may at any time retain defense attorneys. The same rule applies to a suspect under investigation by judicial police officers or judicial policemen.
A statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, or family member may independently retain a defense attorney for the accused or suspect.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, a person from the group as described in the preceding paragraph, shall be notified to retain a defense attorney for the accused or suspect. However, this rule does not apply where a person from the said group cannot be reached.

Article 28

An accused may not retain more than three defense attorneys.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 29

A defense attorney shall be a lawyer, provided that if permission is obtained from the presiding judge at trial, a person who is not a lawyer may be retained as a defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 30

The retention of a defense attorney shall be in the form of a power of attorney.
The power of attorney for the retention of a defense attorney specified in the preceding section shall be submitted to the public prosecutor or judicial police officer before initiation of prosecution or to the courts of different levels thereafter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 31

If the accused has not retained a defense attorney in any one of the following circumstances, the presiding judge shall appoint a public defender or attorney for the defendant:
1. Where the minimum punishment is no less than three-year imprisonment.
2. Where a high court has jurisdiction over the first instance.
3. Where the accused is unable to make a complete statement due to mental disorder or other mental deficiencies.
4. Where the accused is an aborigine, and is being prosecuted or is put on trial following normal proceedings.
5. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney.
6. Where the presiding judge deems it necessary for the case.
If the retained attorney, in the said case as described in the preceding paragraph, without just cause, does not appear in court during the trial dates, the presiding judge may appoint a public defender or attorney.
A single public defender may be appointed to represent more than one accused. However, this rule does not apply where there is conflict of interests between the accused.
Where after a public defender is appointed, the accused who retains a defense attorney may revoke the appointment.
If the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies, or who is an aborigine, has not retained a defense attorney during an investigation, the prosecutor, judicial police officer, or judicial police should notify a legally established legal aid agency to assign an attorney for the accused's or suspect's defense. However, if the accused or suspect requests an immediate interrogation or questioning, or if the defense attorney is not present after more than a four-hour wait, the interrogation or questioning may be commenced.

Article 31-1

If the defendant has not retained a defense attorney during the detention hearing of an investigation, the presiding judge shall appoint a public defender or attorney for the accused. However, this rule does not apply where the wait for the appointed defense attorney's appearance exceeds four hours, and the accused requests the commencement of the interrogation.
If the retained defense attorney, as described in the preceding paragraph, does not appear in court without just cause, the presiding judge may appoint a public defender or attorney.
The provisions of Paragraphs 3 and 4 of the preceding Article apply mutatis mutandis to the conditions as described in Paragraph 1.

Article 32

If an accused has several defense attorneys, documents shall be served upon them separately.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 33

A defense attorney may examine the case file and seizure of material or documentary exhibits, and make copies, reproduce or take photographs thereof during the trial.
The defendant may prepay the costs and request for handing over the copies of the case file and seizure of material or documentary exhibits during the trial. However, if the content of the case file and seizure of material or documentary exhibits is not related to the fact charged of the defendant, or is sufficient to hinder the investigation of another case, or involves the privacy or business secret of the party or a third party, the court may restrict it.
The defendant may, with the approval of the court during the trial, review the case file and seizure of material or documentary exhibitsunder the precondition that the security of the case file and seizure of material or documentary exhibitsis safeguarded. However, the court may restrict it if the circumstances under the proviso of the preceding paragraph exist, or it is not the necessity of the effective exercise of the right of defense for the defendant.
Appeals against the restrictions imposed pursuant to the provisos of the preceding two paragraphs may be filed.
The person holding the contents of the case file and seizure of material or documentary exhibits pursuant to Paragraph 1 and Paragraph 2 must not use such contents for an improper purpose.

Article 33-1

Unless stipulated otherwise, the defense attorney may inspect the case file and evidence, as well as copy, or film, during a detention hearing proceedings of an investigation.
The evidence or information as described in the preceding paragraph, that the defense attorney possesses or is aware of, shall not be made public, revealed or used for illegitimate purposes.
For an accused without the representation of an attorney during the detention hearing proceedings of an investigation, the court shall present the accused with the contents of the case file and evidence by using appropriate methods.

Article 34

The defense attorney may interview, and have correspondence with, the accused in detention. Such rights may not be restricted, unless there is sufficient evidence to prove that the attorney may destroy, fabricate, or alter evidence, or may collude with accomplices or witnesses.
The interview and correspondence between a defense attorney and the accused, or suspect, who is arrested with or without a warrant during an investigation, shall not be restricted. However, the duration of the interview shall not exceed one hour, and the number of interviews is limited to one time only. The elapsed time of the interview shall be deemed as one of the conditions, which is to be excluded from the 24-hour calculation as provided for in Article 93-1.
When it is in an urgent situation and the prosecutor has valid reasons, the interview as described in the preceding paragraph may be postponed, and the prosecutor may designate the time and place for an immediate interview. Such a designation shall not jeopardize the legitimate defense of the accused, or suspect, and the defense attorney's rights as described in the provisions of the first half of paragraph 2 of Article 245.

Article 34-1

To restrict the interview or correspondence between the defense attorney and the accused in detention, a restriction order shall be issued.
A restriction order shall be furnished with following information:
1. The accused's name, gender, age, domicile or residence, and the defense attorney's name;
2. Case summary.
3. Specific reasons for the restriction, and the facts on which they are based.
4. Specific methods for the restriction.
5. Remedial actions may be taken if there is an objection to the restriction order.
The provisions of Article 71 paragraph 3 shall apply mutatis mutandis to the restriction order.
The restriction order, after it is signed by the judge, is sent to the prosecutor, the detention center, the defense attorney, and the accused.
Where it is deemed by the prosecutor as necessary to impose restrictions during the investigation, a written request, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with relevant documents, shall be submitted to the concerned court for such a restriction. However, in the case of an urgent situation, a restriction may be imposed first, and application for a restriction order shall be submitted to the concerned court within 24 hours. The concerned court shall respond with a decision within 48 hours of accepting the application. If the prosecutor does not submit the request within 24 hours, or if the request is rejected, the restriction shall be terminated.
If the request, as described in the preceding paragraph, is rejected, the decision shall not be challenged.

Article 35

After the prosecution has been commenced, a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, or statutory agent of the accused or private prosecutor may apply to the court in a written, or in an oral statement, on the trial date, for permission to act as the assistant of the accused, or private prosecutor.
An assistant may act upon the suit as described in this Act, and may make statements in the court. However, such statements may not be contrary to the clearly expressed opinion of the accused or private prosecutor.
If the accused or suspect is unable to make a complete statement due to mental disorder or other mental deficiencies, he/she shall be accompanied by an assistant, as described in the first paragraph of this article, or by an authorized agent, or a social worker, appointed by a governmental agency or a relevant social welfare organization, or accompanied by other professionals. However, this rule does not apply, where the said accompanying assistant, after a legal notification is served, fails to appear in court without just cause.

Article 36

In cases where maximum punishment is detention or a fine only, an accused may, at trial or in the investigation, authorize an agent to appear before the court or public prosecutor, provided that if the court or public prosecutor considers it necessary, the accused may be ordered to appear in person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 37

A private prosecutor shall authorize an agent to appear before the court by a power of attorney, provided that if the court considers it necessary, the private prosecutor may be ordered to appear in person.
The agent referred to in the preceding section shall be a lawyer.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 38

The provisions of Articles 28, 30, 32 and Paragraph 1 of Article 33 shall apply mutatis mutandis to an agent of an accused, or a private prosecutor, and the provision of Article 29 shall also apply to an agent of an accused mutatis mutandis.

Article 38-1

The regulations regarding the examination of the case files and exhibits, and transcribing, reproducing or taking photographs of them during the trial stage shall be made by the Judicial Yuan in consultation with the Executive Yuan.

CHAPTER V DOCUMENTS

Article 39

A document prepared by a public official shall bear the date and name of the public office concerned and the signature of the official preparing it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 40

A document prepared by a public official may not be changed by erasing, cutting out, or pasting over; if a character is added, crossed out, or appended, a seal must be affixed and the number of characters recorded; a trace must remain of a character crossed out so that it is recognizable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 41

When examining an accused, a private prosecutor, a witness, an expert witness, or an interpreter, records of the following matters shall be made at the time and place of the examination:
(1) The questions asked of the person examined and his/her statements;
(2) The reason, if a witness, an expert witness, or an interpreter did not sign an affidavit affirming to tell the truth;
(3) The date and place of the examination.
The records made in accordance with the preceding paragraph shall be read aloud to the person examined or he/she shall be permitted to read the records before inquiring of the person examined whether any mistakes exist in the said records. Where the person examined is the accused, the defense attorneys present may assist the accused in reading the records and may express his/her opinions on whether any mistakes exist in the said records.
Where the person examined or the defense attorneys that are present request an addition to, a redaction from, or any change to the records, a statement describing such a request shall be added to the records. The addition of the statement of the defense attorneys present to the records may only be made after the contents of the addition is explained to the accused.
The person examined shall be asked to affix his/her signature, seal, or fingerprint on the records immediately following the last line therein. Where the person examined refuses to affix his/her signature, seal, or fingerprint, the surrounding circumstances of such an occurrence shall be added to the records.

Article 42

Records shall be made of a search, seizure, or inspection recording date, time, place, and other necessary facts.
Things seized shall be enumerated in detail in the records, or a separate inventory shall be appended.
A drawing or photograph may be made in an inspection and appended to the records.
Persons ordered by this Code to be present shall be ordered to affix his signature, seal, or fingerprint on records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 43

The records referred to in the preceding two articles shall be prepared by a clerk who is present; the public official who asks questions or conducts the search, seizure, or inspection shall affix his signature on the records; in the absence of a clerk, the public official who asks questions or conducts the search, seizure, or inspection may either personally prepare the records, or appoint another on duty public official who is present to do it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 43-1

The provisions of Article 41 and Article 42 shall apply mutatis mutandis to a public prosecuting affairs official, a judicial police officer, and a judicial policeman in conducting interrogation, search and seizure.
The interrogation records of a suspect as referred to in the preceding section shall be prepared by a person other than the one conducting the interrogation; provided that if the said can not be followed due to emergency or practical difficulty and if the proceeding has been audio or video recorded, it shall not be subject to the provision of the preceding paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 44

On the trial date, trial records shall be prepared by a clerk, which shall include the following items and the entire proceedings:
(1) The court and the date of trial;
(2) The title and full name of the judge, public prosecutor and clerk and the full name of the private prosecutor, accused, agent, defense attorney, assistant, and interpreter;
(3) The reason for the nonappearance of the accused;
(4) The reason for in camera proceedings;
(5) The principal points of the opening statements made by the public prosecutor or private prosecutor;
(6) The principal points of the arguments;
(7) The matter specified in Items 1 and 2 of Section I of Article 41. However, the presiding judge may, after consulting the persons concerned, order the inclusion of the principal point only if the judge deems proper;
(8) The document read or explained in principle points to the accused in open court;
(9) The exhibit shown to the accused in open court;
(10) The seizure or inspection made in open court;
(11) The items recorded by the presiding judge's order and upon motion of the parties concerned with the approval of the presiding judge;
(12) The opportunity of making the final statement of the accused;
(13) The decision pronounced.
A person examined may request that parts of the record specified in the preceding section related to his statement be read aloud or that he be permitted to read it; if he requests an addition, crossing out, or alteration, his statements shall be recorded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 44-1

The entire proceeding on the trial date shall be recorded in audio, and if necessary, in video.
If parties, agent, defense attorney, or assistant has suspicion about mistakes or missing in trial records, he may make a motion prior to the next court session, or within seven days thereafter in the case the court argument has been completed, to request the playing of the audio or video records for the purpose of comparing and correcting the contents thereof. With the court's approval, the persons named in the preceding sentence may within the time period specified by the court, reduce the contents of the examination of the accused, private prosecutor, witness, expert witness, or interpreter and their statements to writing, based on the contents of the audio or video records recorded at the trial date, and present them to the court.
The contents of the documents specified in the last sentence of the preceding section, after affirmed by the clerk and deemed to be proper, may be made an appendix to the trial records. In such a case, the provision of Article 48 shall apply mutatis mutandis to it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 45

Trial records shall be put in proper order within three days after each session.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 46

Trial records shall be signed by the presiding judge. Where the presiding judge is unavailable, the records shall be signed by the senior associate judge. Where the single judge that heard a case is unavailable, the records shall be solely signed by the clerk. Where the clerk is unavailable, the records shall be solely signed by the presiding judge or other judges. Reasons for the unavailability shall be noted in the records respectively.

Article 47

Trial records shall be the exclusive proof of the proceedings of the trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 48

If trial records incorporate a document as a part thereof or refer to it as appended thereto, matters recorded in such document have the same validity as the trial records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 49

With the permission of the presiding judge, a defense attorney may bring a stenographer to the court on the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 50

A court decision shall be made in writing by a judge in a judgment or a ruling. But a ruling which an interlocutory appeal may not be taken against and is pronounced in the court may be ordered to be only recorded in the records.

Article 51

A written decision, unless otherwise specifically provided, shall give the full name, sex, date of birth, identification number, and domicile or residence of persons to whom the decision is addressed. Where the written decision is in the form of a judgment, the name of the public prosecutor or private prosecutor, agent, and defense attorney shall also be recorded.
The original copy of a written decision shall be signed by all the judges who participated in making the decision. Where the presiding judge is unavailable to sign the decision, the senior associate judge shall make a note of the reason for the unavailability. Where a judge is unavailable to sign the decision, the presiding judge shall make a note of the reason for the unavailability.

Article 52

A true copy of a written decision or the records containing such decision shall be made from the original by the clerk with the seal of the court and the following words thereon: "It is certified that this is an exact copy of the original."
The provisions of the preceding section shall apply mutatis mutandis to an indictment or a written ruling not to prosecute by a public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 53

A written document made by a person, other than a public official, shall be dated and signed; where it is not made by such person himself, he shall affix his signature thereon; where he cannot sign his name, he shall have someone else print his name for him and then affix his seal or fingerprint on the document, provided that the person printing his name for him shall indicate the reason thereof and sign his own name.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 54

Case documents which the court should preserve shall be filed by the clerk.
Disposition of case involving loss of court files shall be separately prescribed by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER VI SERVICE

Article 55

An accused, private prosecutor, complainant, party to a supplementary civil action, agent, defense attorney, assistant, or victim of the case, shall, for the purpose of service, give his domicile, residence or office address to the court or public prosecutor; in case the victim died, the same shall be done by his spouse, children, or parents; if he has no domicile, residence or office address within the judicial district of the court, a person having a residence or office within such district shall be delegated to receive service for him.
The addresses specified in the preceding section shall be valid for courts of all levels in the same district.
Service on the person delegated shall be considered to be service on the principal.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 56

The provisions of the preceding article shall not apply to a person in prison or detention house.
If a person to be served is in a prison or detention house, the service shall be entrusted to the officer in charge of such prison or detention house.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 57

If an address has not been given by the person to be served with the process as provided in Article 55, the process may nevertheless be served at the domicile, residence, or office address of such a person if it is known to the clerk of court.

Article 58

The service of documents to a public prosecutor shall be made to the public prosecutor in charge of the case concerned. Where the public prosecutor in charge is not present in the office, the service shall be made to the chief prosecutor concerned or to the Prosecutor General.

Article 59

Service may be made on an accused, private prosecutor, complainant, or party to a supplementary civil action by publication under one of the following circumstances:
(1) The domicile, residence, office, and location are unknown;
(2) Service is made by registered mail, but such mail cannot be delivered;
(3) Residence is in a place outside the jurisdiction, and no other method of service can be found.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 60

Service by publication shall be executed by a clerk, with the relevant permission of a court, the Prosecutor General, a chief prosecutor, or a public prosecutor, in addition to posting the document to be served or its abbreviated copy on the bulletin board of the court, by publishing the said document in a newspaper or by giving notification or publishing it by other appropriate methods.
The service by publication specified in the preceding paragraph shall be effective thirty days after the last publication in a newspaper, notification or publication of the document concerned.

Article 61

Aninstrument shall be served by a judicial policeman, or through the post office.
If the aforesaid instrument is a judgment, ruling, decision not to prosecute, or decision to defer the prosecution, the process server thereof shall prepare a certificate of acceptance recording the items listed in the certificate of service and sign his/her name thereon before giving it to the receiver.
If a subpoena before an arrest with a warrant is served by the postal office, the postal carrier shall be the process server, and the subpoena shall be mailed by registered post; the implementation method shall be determined by the Judicial Yuan together with the Executive Yuan.

Article 62

Unless otherwise provided by special provisions in this Chapter, the provisions of the Code of Civil Procedure shall apply mutatis mutandis to the service of a document.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER VII DATES AND PERIODS

Article 63

Where a date of proceeding has been designated by a presiding judge, commissioned judge, requisitioned judge, or public prosecutor for the commencement of legal proceedings, the persons concerned shall be summoned or notified to appear, except that a person concerned was present at the occasion where the designation of the said proceeding date was made or it is otherwise provided by a special provision in this Code.

Article 64

A fixed date shall not be changed or postponed unless there is an important reason or otherwise provided by special provisions.
If a hearing date is changed or postponed, the persons concerned shall be informed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 65

The calculation of periods shall be according to the provisions of the Civil Code.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 66

Time occupied in travel shall not be counted against a person who is required to perform procedural acts within a period prescribed by law whose domicile, residence or office is not within the judicial district of the court.
The time not counted as specified in the preceding section shall be determined by the highest judicial administrative agency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 67

A person who without negligence fails to file within the prescribed time an appeal, an interlocutory appeal, a petition for retrial, or to file for revoking or changing a ruling made by a presiding judge, commissioned judge, requisitioned judge or an order made by a public prosecutor, may motion for restoration to the original condition within five days after the reason for the failure ceases to exist.
In a case in which representation by an agent is permitted, the negligence on part of the agent shall be considered to be negligence on part of the principal.

Article 68

A person who motions for restoration to the original condition on ground of failure within the prescribed time to file an appeal, an interlocutory appeal, or a petition for retrial shall submit the petition in writing to the original court. A person who fails within the prescribed time to file a petition for revoking or changing a ruling made by a presiding judge, commissioned judge, or requisitioned judge, or of an order made by a public prosecutor shall make such a petition to a court having jurisdiction.
The reason for failure without negligence to comply with the time limit and the date the reason ceases to exist shall be stated in the written motion.
Where a motion for restoration to the original condition is made, all necessary procedural acts which should have been performed during the lapse shall be made up at the time of the petition.

Article 69

The court to which a motion is made shall make a joint decision both on the motion for restoration of original condition and the supplementary procedural acts. If the original court considers that the motion should be approved, the appeal or interlocutory appeal shall be forwarded by the original court with a written opinion to the higher court for a joint decision.
The court to which a motion is made may suspend the execution of the original decision before passing upon such motion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 70

If a motion for review of a decision not to prosecute is not filed within the prescribed period of time, the original public prosecutor may grant restoration of original condition in accordance with the provisions of the preceding three articles, mutatis mutandis.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER VIII SUMMONS AND ARREST OF ACCUSED

Article 71

To summon an accused, a summons shall be issued.
A summons shall state the following matters:
(1) Full name, sex, date of birth, identification number, and domicile or residence of the accused;
(2) Offense charged;
(3) Date, time, and place for appearance;
(4) That a warrant of arrest may be ordered if the accused fails to appear without justifiable causes.
Where the name of an accused is unknown or there are other circumstances which make it necessary, a summons shall state the marks or characteristics that are sufficient to identify the accused. Where the date of birth, identification number, or domicile or residence of the accused is unknown, those unknown information does not need to be stated in the summons.
A summons shall be signed by a public prosecutor during the investigation stage or by a presiding or commissioned judge during the trial stage.

Article 71-1

A judicial police officer or judicial policeman, for the necessity of investigating a suspect's involvement in a crime and collecting relevant evidence, may call by a notice the suspect to appear for interrogation. If the suspect, without good reason, fails to appear after a notice has been legally served, the public prosecutor may be sought to issue an arrest warrant.
The notice specified in the preceding section shall be signed by the head of the judicial police office. Item 1 through Item 3 of section II of the preceding Article shall apply mutatis mutandis to the matters to be stipulated in the notice.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 72

The fact that an accused has appeared and is personally informed of the date, time, and place for his next appearance and that an arrest warrant may be ordered if he fails to appear, all of which is made a matter of record, shall have the same effect as the service of a summons. The same rule shall apply if an accused states in writing that he will appear at the appointed time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 73

If an accused who is to be summoned is in a prison or detention house, the officer in charge of such prison or detention house shall be notified thereof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 74

An accused who appears when summoned shall be examined at the scheduled time unless there are circumstances which make such examination impossible.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 75

An accused, who without good reason fails to appear after he has been legally summoned, may be arrested with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 76

Where an accused is strongly suspected of having committed an offense, and where there exists one of the following circumstances, the accused may be arrested with a warrant without first being served with a summons, if necessary:
(1) The accused has no fixed domicile or residence;
(2) The accused has absconded or there are facts sufficient to justify the view that the accused may abscond;
(3) There are facts sufficient to justify a view that the accused may destroy, forge, or alter evidence, or conspire with a co-offender or witness;
(4) The accused has committed an offense punishable with death penalty or life imprisonment, or with a minimum punishment of imprisonment for not less than five years.

Article 77

An arrest warrant is required to execute the arrest of an accused.
An arrest warrant shall contain the following matters:
(1) Full name, sex, age, native place, and domicile or residence of the accused. If the age, native place, domicile or residence is unknown, it does not need to be included;
(2) Offense charged;
(3) Reason for the arrest;
(4) Place to which the accused is to be taken.
The provisions of sections III and IV of Article 71 shall apply mutatis mutandis to an arrest warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 78

An arrest warrant shall be executed by a judicial policeman or judicial police officer, and the period for making such an arrest may be prescribed.
Several copies of an arrest warrant may be issued and given to several persons for execution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 79

An arrest warrant shall consist of two slips, and in making an arrest one slip thereof shall be handed to the accused or members of his family.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 80

After an arrest with a warrant is made, the place, date, and time of execution shall be noted on such warrant; if no arrest can be made, the reason therefor shall be noted, and the warrant shall be signed by the person who executed the arrest warrant and forwarded to the public official who ordered the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 81

If it is necessary, a judicial policeman or judicial police officer may make an arrest with a warrant outside his judicial district or request a judicial police officer of that place to make the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 82

A presiding judge or public prosecutor may specify the matters which should be contained in a warrant and request the public prosecutor of a place where the accused may be found to make an arrest with a warrant; if the accused is not at such place, the requisitioned public prosecutor of such place may in turn entrust the matter to the public prosecutor of the place where the accused may be found.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 83

If the accused is in active service in the military, his arrest shall be executed by informing his superior officer of the warrant and requesting the officer's assistance in executing it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 84

If an accused has absconded or is in hiding, a circular order may be issued for his arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 85

For making notice to arrest a wanted accused, a circular order shall be issued.
A circular order shall state the following matters:
(1) Full name, sex, date of birth, identification number, domicile or residence, and other marks or characteristics that are sufficient to identify the accused. Where the date of birth or the domicile or residence is unknown, those unknown information does not need to be stated in the circular order;
(2) Facts of being accused;
(3) Reasons for being wanted by the circular order;
(4) Date, time, and place of the commission of the offense unless unknown;
(5) Place to which the accused is to be taken under escort.
A circular order shall be signed by the Prosecutor General or a chief prosecutor during the investigation stage and by the president of a court during the trial stage.

Article 86

Public prosecutors and judicial police officers of neighboring or other judicial districts shall be informed of the issuance of a circular order; if it is necessary, the order may be published in a newspaper or via other mediums.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 87

After notice has been given of the issuance of a circular order or it has been published, a public prosecutor or judicial police officer may arrest the accused with or without a warrant.
An interested party may arrest an accused designated in a circular order to arrest and turn him over to the public prosecutor or judicial police officer or request the public prosecutor or judicial police officer to arrest him.
When the reason for the issuance of a circular order to arrest no longer exists or a circular order to arrest is apparently unnecessary, the order shall be canceled immediately.
Provisions of the preceding Article shall apply mutatis mutandis to the notification or publication of the cancellation of a circular order to arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 88

A person in flagrante delicto may be arrested without a warrant by any person.
A person in flagrante delicto is a person who is discovered in the act of committing an offense or immediately thereafter.
A person is considered to be in flagrante delicto under one of the following circumstances:
(1) He is pursued with cries that he is an offender;
(2) He is found in possession of a weapon, stolen property, or other items sufficient to warrant a suspicion that he is an offender or his body, clothes and the like show traces of the commission of an offense sufficient to warrant such suspicion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 88-1

When investigating an offense when one of the following circumstances exists and the circumstances are urgent, a public prosecutor, judicial police officer, or judicial policeman may make an arrest without a warrant:
(1) Where a person is strongly implicated to be a co-offender on ground of the statement of a person in flagrante delicto in addition to facts sufficient to warrant such strong implication;
(2) Where a person who has escaped from custody while serving a sentence or while in detention;
(3) Where facts are sufficient to warrant that a person is strongly suspected of having committed an offense, and the person runs away after being stopped and interrogated, unless the offense such a person is suspected of having committed is obviously an offence with maximum punishment being imprisonment for not more than one year or detention, or may only be punished by a fine;
(4) Where a person who is strongly suspected of having committed an offense punishable by the death penalty, life imprisonment, or with minimum punishment of imprisonment for not less than five years, and there are facts sufficient to justify a view that such a person may abscond.
The arrest specified in the preceding paragraph, when executed by a public prosecutor in person, may be made without a warrant. When the arrest is executed by a judicial police officer or judicial policeman, it may be made without a warrant only when the circumstance is so urgent that it is impossible to report the circumstances to a public prosecutor, and an application for the issuance of an arrest warrant shall be made to a public prosecutor immediately after the arrest. If the public prosecutor refuses to issue a warrant, the person under arrest shall be released immediately.
A public prosecutor, judicial police officer or judicial policeman who arrests a suspect in accordance with the procedures as stipulated in Paragraph 1 above shall immediately inform the person under arrest and his/her family member that a defense attorney may be retained to be present.

Article 89

In executing an arrest with or without a warrant, reasons for the arrest with or without a warrant as well as items specified in Article 95, Paragraph 1 the accused or suspect shall be told on the spot to the accused or the suspect, and due care shall be taken of the person and reputation of the accused or the suspect.
In circumstances of the preceding paragraph, the accused, the suspect of an offense, and their designated relatives or friends shall be notified in writing of the reasons for the arrest with or without a warrant.

Article 89-1

When executing an arrest, with or without a warrant, or when escorting the accused, instruments of restraint may be used by guards, but only to the extent necessary.
In circumstances of the preceding paragraph, due care shall be taken of the person and reputation of the accused or the suspect by not deliberately displaying the instruments of restraint used. As soon as the use of instruments of restraint is deemed no longer necessary, the instruments of restraint shall be removed.
The regulations regarding the extent, manner, procedures and other requirements of the use of the instruments of restraint shall be made by the Executive Yuan in consultation with the Judicial Yuan.

Article 90

If an accused resists the arrest made with or without a warrant or if he escapes, he may be arrested by force with or without a warrant, but such force may not be excessive.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 91

If an accused is arrested with a warrant or because of a circular order to arrest without a warrant, he shall be brought immediately to the place designated; if such a place cannot be reached within twenty four hours, the arrestee shall be brought to the nearest court or public prosecutor's office, depending on whether the arrest warrant or circular order to arrest was ordered by the former or the latter, for examination to determine whether there has been mistakes as to his identity.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 92

When a person who has no authority to investigate an offense arrests without a warrant a person in flagrante delicto, he shall immediately hand the arrestee over to a public prosecutor, judicial police officer, or judicial policeman.
A judicial police officer or judicial policeman who arrests without a warrant or receives a person in flagrante delicto shall immediately send the arrestee to a public prosecutor. If the offense committed is punishable with maximum punishment of imprisonment for no more than one year, or detention, or sole fine, or if the offense committed is one that prosecution may be instituted only upon complaint or request and that the time period to initiate such compliant or request has lapsed, then with the public prosecutor's approval, the arrestee needs not be sent to a public prosecutor.
A person who arrests without a warrant a person in flagrante delicto as specified in section I shall be questioned concerning his full name, domicile or residence, and the reasons for the arrest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 93

An accused or a suspect, arrested with or without a warrant, shall be interrogated immediately.
During the investigation, if the prosecutor deems it necessary to detain the accused or suspect after interrogation, a petition that states the facts and details of the alleged criminal offenses, legal grounds, evidence and reasons for custody, along with prepared written copies, the case file and evidence, shall be submitted to the concerned court for a detention order, within 24 hours of making the arrest, with or without a warrant. However, documentation with supporting facts that actions, such as destroying, fabricating, and altering evidence, or colluding with accomplices or witnesses, that endanger the integrity of the investigation, or that endanger other people's lives, or bodies, should be submitted separately with clear reasoning, requesting that the court use appropriate approaches to restrict or prohibit the accused and the defense attorney from obtaining such case file and evidence.
Where there is not a petition to the court concerning the situation as described in the preceding paragraph, the prosecutor shall immediately release the accused. However, if any one of the situations, as described in Article 101 Paragraph 1, or any of the subparagraphs of Article 101-1 Paragraph 1 occurs, although it is deemed unnecessary to detain, then release on bail, release to other's custody, or house arrest may be ordered. But If release on bail, release to other's custody, or house arrest cannot be ordered, although deemed necessary, then a court order for detention is still required.
The provisions as described in the preceding three paragraphs apply mutatis mutandis to where the prosecutor is accepting the accused as forwarded by the court in accordance with the Juvenile Delinquency Act, or by the military court in accordance with the Code of Court Martial Procedure.
When accepting the petition for detention, as described in the preceding three paragraphs, the court shall immediately begin the interrogation after giving the accused and the defense attorney a written copy of the petition. However, if the interrogation is not completed by late night, the accused, the defense attorney, or the person acting as the accused's assistant, may petition the court to continue interrogation during the daytime of the following day. Unless the court has proper justification, the court shall not refuse the request. If the petition is accepted late at night, the interrogation may begin during the daytime of the following day.
The term late night, as described in the proviso of the preceding paragraph, refers to the hours between 11 pm through 8 am the next day.

Article 93-1

The 24 hours, as described in the provisions of Article 91 and paragraph 2 of the preceding Article, shall exclude the elapsed time as described in the following conditions. But, there must be no unnecessary delay:
1. The delay caused by traffic problems, or by other force majeure.
2. Time spent during escorted transfer.
3. When no questioning is allowed pursuant to the provisions of Article 100-3 Paragraph 1.
4. When, in fact, no interrogation is conducted due to sudden changes of health of the accused or suspect.
5. Where the accused or suspect expressed the desire to retain an attorney, the time spent waiting for the arrival of a defense attorney instead of conducting interrogation, shall not exceed 4 hours. Where the accused's income level is low or middle-to-low, and has submitted a request for an appointment of a public defender or attorney pursuant to the provisions of Article 31 Paragraph 5; or where the accused or suspect, who is unable to make a complete statement due to mental disorder or other mental deficiencies and the notification is sent to appoint an accompanying assistant pursuant to the provisions of Article 35 Paragraph 3, the time spent waiting for the arrival of a defense attorney or accompanying assistant instead of conducting interrogation, shall not exceed 4 hours.
6. Where the accused or suspect requires the assistance of an interpreter, the time spent waiting for an interpreter instead of conducting the interrogation, shall not exceed 6 hours.
7. After the prosecutor has given the bail release, or the custody release order, the time spent waiting for the process of being released on bail or to the custody of another shall not exceed 4 hours.
8. The duration when the criminal suspect is brought forward in front of a judge for arraignment.
No interrogation shall be conducted within the time as described in all preceding paragraphs.
If a case cannot be transferred to the concerned court within 24 hours, as the result of a traffic delay or by other force majeure as described in paragraph 1, then the prosecutor shall explain the causes when petitioning for detention.

CHAPTER VIII-I Restrictions on Border and Island Exit

Article 93-2

If a defendant is strongly suspected of having committed an offense, and if one of the following circumstances exists, the prosecutor or the judge may, if necessary, impose restrictions without notice on the exit from the border or the island. However, in cases where the maximum principal punishment is detention or a fine-only case, such restrictions may not be imposed without notice:
1.He/she has no fixed domicile or residence;
2.There is a probable cause to believe that he/she is likely to abscond;
3.There is a probable cause to believe that he/she is likely to destroy, forge, alter the evidence, or conspire with co-offenders or witnesses.
The restrictions on exit from the border/island should be made in writing including the following information:
1.Name, gender, birth date, domicile or residence, identification document number of the defendant or other features sufficient to identify the defendant.
2.The offense and article of the Code being charged with;
3.The reason for and period of the restrictions on exit from border/island;
4.The enforcement agency;
5.The remedy for not satisfying the decision on the restrictions on exit from border/island.
Except for the failure to notify the defendant due to his/her domicile or residence is unclear, the written notice of the preceding paragraph shall be given within six months at the latest after the restrictions on exit from border/island have been imposed. However, if the defendant has been interrogated before the notice is given, the defendant shall be informed in the open court and be given the written notice of the preceding paragraph. In the circumstance of the first part of the preceding paragraph that the defendant has been informed of being restricted to exit from border/island before receiving the written notice, he/she may also request for delivery of the written notice as set out in Paragraph 2 hereof.

Article 93-3

During the investigation, the restriction period imposed by the prosecutor on the defendant from exit from border/island may not exceed eight months. However, where it is necessary to continue the restriction, a written petition, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with specific reasons, shall be submitted to the court with jurisdiction for a ruling at least 20 days prior to the expiration of the restriction period. At the same time, the defendant and defense attorney shall be notified with the transcript of the written petition.
During the investigation, when the prosecutor requests to extend the restriction period on exit from border/island, the first extension shall not exceed four months; the second extension shall not exceed two months, and there can be two extensions at most. During the trial, each restriction imposed on exit from border/island shall not exceed 8 months, and for those who commit a crime with a maximum principal sentence of imprisonment for no more than ten years, the accumulated restriction period shall not exceed five years; for the remaining crimes, the accumulated restriction period shall not exceed ten years.
During the period of investigation or trial, the period of restriction on exit from border/island shall not include the period of the defendant's at-large due to escape and going into hiding.
The court shall give the defendant and defense attorney an opportunity to present their opinions before the court renders a ruling to extend the restriction on exit from border/island.
After the prosecution is initiated or the judgment is rendered, where the case is subject to the court or an appellant court, the period of restriction shall be extended to be one month if the remaining period of the original restriction on exit from border/island is less than one month.
The statutory extension period of the court in which the case is pending after the prosecution is initiated pursuant to the preceding paragraph and the remaining period of the restriction on exit from border/island during the investigation shall be counted as the period during the trial.

Article 93-4

If the defendant is rendered the ruling "not to prosecute" or a ruling of 'deferred prosecution", or informed of "Not Guilty", "Exempt from Prosecution", "Punishment Remitted", "Probationary Sentence", "Fine", "Sentence Commuted to Warning" or the judgment of "Case Not Entertained" as specified in Subparagraph 3, Subparagraph 4 of Article 303, such restriction on exit from border/island shall be deemed to be revoked, provided that, within the appeal period or during the appeal, such restriction on exit from border/island shall continue if necessary.

Article 93-5

The defendant and defense attorney may petition the prosecutor or the court to revoke or alter the restriction on exit from border/island. The prosecutor may also petition for the revocation during the investigation, and may, at the time of filing the petition, notify the competent authority of entry/exit in advance to remove restrictions on exit from border/island.
During the investigation, the revocation of the restriction on exit from border/island, except for the petition filed by the prosecutor, the opinion of the prosecutor shall be taken into account.
During the investigation, the restriction on exit from border/island imposed by the prosecutor may be revoked or altered by the prosecutor ex officio. However, when the case is subject to the court after the prosecution is initiated, the revocation or alteration of the remaining period of the restriction on exit from border/island during the investigation may be effectuated ex officio by the court or by petition.
The restriction on exit from border/island imposed by the court during the investigation and trial, the court may revoke or alter it ex officio.

Article 93-6

A person who may be ordered to be released on bail, restrained of another or with a limitation on his/her residence in accordance with the provisions other than this chapter may also be imposed with the restriction on exit from border/island, and the provisions of Paragraph 2 of Article 93-2, and Article 93-3 to Article 93-5 shall apply mutatis mutandis.

CHAPTER IX EXAMINATION OF ACCUSED

Article 94

In an examination, an accused shall be first asked his full name, age, native place, occupation, and domicile or residence to determine whether a mistake as to his identity has been made; if there is a mistake, he shall be immediately released.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 95

The accused shall be informed of the following items before an interrogation is conducted:
1. The alleged crimes committed, and all the criminal charges. If it is deemed necessary to change the criminal charges after the information is given, the accused should be informed of such changes.
2. The right to remain silent, and that no statements should be made against his/her own will.
3. The right to retain an attorney. If the accused is qualified to request for legal aid, pursuant to the laws, due to his/her low-income, or middle-to-low-income, aborigine status, or other qualifications, he may request to retain an attorney.
4. The right to request an investigation on evidence favorable to the defendant.
When an accused, without a counsel present, indicates that he/she has retained a defense attorney, the interrogation shall be ceased immediately. However, this rule does not apply where the accused consents to continue with the interrogation.

Article 96

In an examination, an accused shall be given an opportunity to explain the offense of which he is suspected; if there is an explanation, the accused shall be ordered to make a detailed statement of the complete matter; if the explanation contains facts favorable to him, he shall be ordered to explain his method of proof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 97

If there are several accused, they shall be examined separately; those who have not been examined shall not be permitted to be present, provided that if it is necessary to discover the truth, the accused may be confronted with each other. The accused may also request a confrontation.
A request by an accused for a confrontation shall not be rejected, unless it is apparently unnecessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 98

An accused shall be examined in an honest manner; violence, threat, inducement, fraud, exhausting examination or other improper means shall not be used.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 99

Where an accused has a hearing or speech impairment or has difficulties in understanding the language used, the service of an interpreter shall be used; such an accused may also be examined using written words or ordered to make a statement in written words.
Unless otherwise provided in the statutory law, the preceding paragraph shall apply mutatis mutandis to other persons under examination or other examiners.

Article 100

The confession of an accused and other statements unfavorable to him as well as facts stated in his favor and the method of proof indicated shall be clearly noted in the record.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 100-1

The whole proceeding of examining the accused shall be recorded without interruption in audio, and also, if necessary, in video, provided that in case of an emergency, after clearly stated in the record, the said rule may not be followed.
Except for the circumstances prescribed in the Proviso of the preceding section of this article, if there is an inconsistency between the content of the record and that of the audio or video record regarding the statements made by the accused, the said portion of the statement shall not be used as evidence.
The means of preservation of the audio or video record specified in the first section of this article shall be prescribed by the Judicial Yuan and the Executive Yuan.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 100-2

The provisions of this chapter shall apply mutatis mutandis to the interrogation of suspects by judicial police officer or judicial policeman.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 100-3

The interrogation of criminal suspects by judicial police officer or judicial policeman shall not proceed at night, except for the following circumstances:
(1) Express consent by the person being interrogated;
(2) Identity check of the person arrested with or without a warrant at night;
(3) Permission by a public prosecutor or judge;
(4) In case of emergency.
Upon the request of a suspect, the interrogation shall proceed immediately.
The night herein means the time between sunset and sunrise.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER X DETENTION OF ACCUSED

Article 101

If the suspicion of the accused committed a crime becomes significant after the interrogation by a judge, and one of the following conditions applies, and as a result, it will be very difficult to prosecute, or try the case, or execute a sentence without a retention order, the accused shall be detained:
1. The accused has absconded, or if there are sufficient facts to support the concern of his/her absconding.
2. There are sufficient facts to support the concern that evidence may be destroyed, fabricated, or altered, or that accomplices or witnesses may be colluded.
3. The penalty for the crime committed is death, life imprisonment, or a minimum of five-year imprisonment, and there is sufficient reason to support the concern for absconding; destroying, fabricating or altering evidence; or colluding with accomplices or witnesses.
When the judge is conducting the interrogation, as described in the preceding paragraph, the prosecutor must be present to state the reasons for requesting detention and to provide necessary evidence. However, in the case of the proviso as described in Article 93 paragraph 2, the prosecutor shall be present to state the reasons, and to specify the scope of the restriction or prohibition.
The facts, the specific content of each reason, and the relevant evidence on which the provisions of every subparagraph of the first paragraph are based shall be provided to the accused and the defense attorney, and shall be specified in the transcript. However, pursuant to the proviso as described in Article 93 paragraph 2, the case file and evidence, that the court has prohibited the accused and the defense attorney from knowing, shall not be used as the basis for the detention review.
The accused and defense attorney may petition the judge to provide the appropriate time for preparing the defense before proceeding with the interrogation, as described in the first paragraph.

Article 101-1

Where an accused, after being examined by a judge, is strongly suspected of having committed one of the following offenses and where there exist facts that are sufficient to justify a view that the accused may repeatedly commit the same offense so that it is necessary to detain him/her, the said accused may be detained:
(1) The offenses of arson as provided in Paragraphs 1 or 3 of Article 173, Paragraphs 1, 2, or 4 of Article 174, or Paragraphs 1 or 2 of Article 175, and the offense of constructive arson as provided in Article 176, and the offense of hijacking an aircraft as provided in Article 185-1 of the Criminal Code;
(2) The offense of forced sexual intercourse as provided in Article 221, the offense of aggravated forced sexual intercourse as provided in Article 222, the offense of forced obscene act as provided in Article 224, the offense of aggravated forced obscene act as provided in Article 224-1, the offense of sexual intercourse or obscene act against an insane person as provided in Article 225, the combined offenses of forced sexual intercourse or forced obscene act as provided in Article 226-1, the offense of sexual intercourse or obscene act against an under-aged child as provided in Article 227, the offenses of homicide as provided in Paragraphs 1 or 2 of Article 271, the offense of homicide against a lineal blood ascendant as provided in Article 272, the offense of inflicting bodily injury as provided in Paragraph 1 of Article 277, or the offense of inflicting serious bodily injury as provided in Paragraph 1 of Article 278 of the Criminal Code, or the offense provided Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, unless where the offense concerned is only chargeable upon a complaint and such a complaint is not filed or has been withdrawn, or where the period of time for filing such a compliant has lapsed;
(3) The offense of human trafficking as provided in Article 296-1, the offense of transporting a forcibly abducted person as provided in Article 299, or the offense of false imprisonment as provided in Article 302 of Criminal Code;
(4) The offense of forcing as provided in Article 304, or offense of threatening personal security as provided in Article 305 of Criminal Code;
(5) The offenses of larceny as provided in Articles 320 or 321 of Criminal Code;
(6) The offenses of abrupt taking as provided in Articles 325 and 326, the offense of robbery as provided in Paragraphs 1, 2, and 4 of Article 328, the offense of aggravated robbery as provided in Article 330, the combined offenses of robbery as provided in Article 332, the offense of piracy as provided in Article 333, or the combined offenses of piracy as provided in Article 334 of the Criminal Code;
(7) The offense of fraudulence as provided in Articles 339 or 339-3, or the offense of aggravated fraudulence as provided in Article 339-4 of the Criminal Code;
(8) The offense of extortion as provided in Article 346, the offenses of kidnapping as provided in Paragraphs 1 or 3 of Article 347, the combined offenses of kidnapping as provided in Article 348, or the offense of constructive kidnapping as provided in Article 348-1 of the Criminal Code;
(9) The offenses provided in Articles 7 or 8 of the Controlling Guns, Ammunition and Knives Act;
(10) The offenses provided in Paragraphs 1 to 4 of Articles 4 of the Narcotics Hazard Prevention Act;
(11) The offense provided in Article 34 of the Human Trafficking Prevention Act.
Provisions of Paragraphs 2 to 4 of the preceding article shall apply mutatis mutandis to the circumstances in the preceding paragraph of this Article.

Article 101-2

After examining the accused, despite the existence of the circumstances specified in section I of Article 101 and section I of Article 101-1, the judge may nevertheless order that the accused be released on bail, or to the custody of another, or with a limitation on his residence if the detention is deemed unnecessary. If the circumstances specified in Article 114 exist, detention shall not be permitted unless that the accused is released on bail, or to the custody of another, or with a limitation on his residence is not workable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 102

A writ of detention is necessary to detain an accused.
A writ of detention shall be fingerprinted by the accused, and specify the following matters:
(1) Full name, sex, age, place of birth, and domicile or residence of the accused;
(2) Offense and article of the Code charged;
(3) Reason for detention and the facts based upon;
(4) Place of detention;
(5) Time period of detention and its starting date;
(6) Remedy available for challenging the order of detention.
The provisions of section III of Article 71 shall apply mutatis mutandis to a writ of detention.
A writ of detention shall be signed by a judge.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 103

The execution of detention shall be, during the stage of investigation, administered by a public prosecutor, and during the stage of trial, administered by the presiding or commissioned judge. A writ of detention shall be executed by a judicial policeman by sending the accused to the specified detention house; the officer in charge of the house shall, after confirming the identity of the accused, note the date and time of the admission on the writ of detention and sign his name.
In the execution of a writ of detention, the writ shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused.
The provisions of Articles 81, 89, and 90 shall apply mutatis mutandis to the execution of detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 103-1

In the proceeding of investigation, if the public prosecutor, the accused, or his defense attorney deems that it is necessary for the protection of the detention house and for the preservation of the safety of the accused detained, or for other proper reasons, he may apply to the court to change the place of detention.
A notice of change shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused, if the court makes a change in the place of detention based on the application according to the provisions of the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 104

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 105

A detained accused may be placed under restraint only if such restraint is necessary to accomplish the purpose of the detention house or to maintain order in the detention house.
An accused may have his own food and daily necessities, may receive visitors, may send and receive mail, and receive books or other things, but the detention house may censor them.
If a court deems that the meeting with visitors, and the sending or receiving of mails or things as specified in the preceding section produce facts sufficient to justify an apprehension that the accused may escape or destroy, forge, or alter evidence or conspire with a co-offender or witness, the court may, upon the application of the public prosecutor or muto proprio, prohibit the meeting, sending and receiving or seize the things received. In case of emergency, the public prosecutor or the detention house may take necessary actions, provided that the same shall be referred immediately to the court concerned for approval.
The object, scope, and time period subject to the prohibition or seizure made in accordance with the provisions of the preceding section shall be decided, in the stage of investigation, by the public prosecutor, and in the stage of trial, by the presiding judge or commissioned judge. The same shall be enforced by the detention house under the instruction of the above referenced persons, provided that nothing can be done to restraint the accused's justified right of defending himself.
No restraint shall be placed upon the body of an accused unless sufficient facts exists to support the apprehension of violence, escape, or suicide; such restraint shall be taken by the officer in charge of the detention house only in the case of urgent necessity, and such action shall be referred immediately to the court for approval.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 106

A public prosecutor shall diligently inspect a place where an accused is detained, report the result of his inspection to the competent superior officer, once every ten days, and notify the court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 107

As soon as the reason for detention ceases to exist, the detention shall be canceled immediately and the accused released.
An accused, the defense attorney, and the person qualified to be the assistant of the accused may apply to the court for cancellation of the detention; the public prosecutor may, also make the said application during the stage of investigation.
The court in deciding whether to approve the application for cancellation of detention referred to in the preceding section may consider statements made by the accused, the defense attorney, or the person qualified to be the assistant of the accused.
During the stage of investigation, upon the public prosecutor's application, the court shall cancel the detention; the public prosecutor may release the accused prior to submitting the application.
During the stage of investigation, the court shall consult with the public prosecutor prior to cancellation of the detention except the application for cancellation of detention is made by the public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 108

Detention of an accused may not exceed two months during the stage of investigation and three months during the stage of trial, provided that if it is necessary to continue the detention, the court may, prior to the expiration of the period, after examining the accused in accordance with the provision of Article 101 or Article 101-1 extend such period by a ruling. Application for a ruling for extension of the detention period during the stage of investigation shall be made by the public prosecutor with reasons and submitted to the court no later than 5 days prior to the expiration of the period.
The ruling made in accordance with the provision of the preceding section shall, unless pronounced in court, be effective upon serving a true copy on the accused prior to the expiration of the detention period and the period shall be extended accordingly. If the ruling has not been legally served by the expiration of the detention period, the detention shall be deemed canceled.
During the stage of trial, the detention period shall be counted from the date the case file and exhibits had been sent to the court; the detention period from the date the prosecution has initiated or judgment is rendered, but prior to being sent out shall be counted against the detention period at the investigation stage or that of the original trial court.
Detention period shall be counted from the date the writ of detention is issued; the period of time that the accused is kept in custody after the arrest is made with or without a warrant shall be counted as the detention period before final judgment on a day-by-day basis.
Extension of the period of detention, during the investigation stage, may not exceed two months, and only one extension is allowed; during the trial stage, each extension may not exceed two months; if the maximum punishment for the offense charged does not exceed imprisonment of ten years, extension may be allowed three times during the first instance and the second instance, and one time only during the third instance.
If a case is remanded, the number of extensions for the period of detention shall be counted anew.
If no prosecution has been initiated or no judgment has been rendered at the expiration of the detention period, the detention shall be deemed canceled, and the public prosecutor or the court shall release the accused; if the accused is released by the public prosecutor, the public prosecutor shall immediately notify the court of the same.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 109

If a case is appealed and the period during which the accused has been detained exceeds the term of imprisonment imposed by the original judgment, the detention shall be immediately canceled and the accused released; if the public prosecutor appeals against the interests of the accused, the accused may be released on bail or to the custody of another, or with a limitation on his residence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 110

An accused or persons who may act as his assistants or the defense attorney may at any time apply to the court for the suspension of detention of the accused on bail..
During the investigation stage the public prosecutor may apply to the court for the suspension of detention of the accused on bail.
The provision of section III of Article 107 shall apply mutatis mutandis to the examination of the application for suspension of detention on bail as specified in the preceding section.
The court, in deciding whether to grant the suspension of detention, during the investigation stage, shall consult the public prosecutor for his opinion, unless the circumstances specified in Article 114 or section II of this Article exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 111

If an application for suspension of detention is permitted, an order shall be issued requiring a bail bond and specifying an appropriate amount of bail.
The bail bond shall be signed only by a reliable person within the judicial district of the court; it shall contain a statement of the amount of the bail and a statement that payment will be made in accordance with law.
If an applicant is willing to provide the specified bail or a third party is permitted to supply it, a bail bond is not necessary.
A negotiable instrument may be substituted for the bail.
In cases where an application for suspension of detention is permitted, the residence of an accused may be limited.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 112

If the offense charged is punishable only by a fine, the amount of bail may not exceed the maximum amount of the fine.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 113

If an application for suspension of detention is permitted, the accused shall be released upon receipt of the bail bond or bail.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 114

An application from the accused detained for suspension of detention upon posting a bail bond may not be denied, if one of the following circumstances exists:
(1) The maximum punishment for the offense charged is imprisonment for a period of less than three years, short-term imprisonment, or a fine, unless the accused detained is a recidivist, makes the commission of crime a habit, has committed a crime during the period of parole, or is detained under Paragraph 1 of Article 101;
(2) The accused has been pregnant for five months or more or has given birth during the preceding two months;
(3) The accused is ill, and it is apparent that cure will be difficult unless he/she is released for medical treatment.

Article 115

Detention of an accused may be suspended without bail and the accused committed to the custody of a person who may act as his assistant or another suitable person within the judicial district of the court.
A person who has been given custody of an accused shall give a written assurance obligating himself for the appearance of such accused at any time summoned.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 116

Detention of an accused may be suspended without bail, but limitation on his residence imposed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 116-1

The provisions of section II through section IV of Article 110 shall apply mutatis mutandis to the release of the accused to the custody of another or with a limitation on his residence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 116-2

In granting the suspension of detention, the court may, after considering the protection of human rights and public interests and deeming it necessary, designate a considerable period of time and order the defendant to comply with the following matters:
1.Report to the court, the prosecutor or the designated authority periodically;
2.No actions of inflicting danger, threat, harassment, contact or stalking taken against the body or property of the victim, witness, appraiser, the public official in charge of the investigation or trial of the subject case, or the spouse, lineal blood relatives, collateral blood relatives within the third degree of kinship, relatives by marriage within the second degree of relationship, family head or family member of the said public official;
3.If the suspension of detention is granted under the provisions of Subparagraph 3 of Article 114, no activities apparently unrelated to medical treatments are permitted without the consent of the court or prosecutor, except for the activities necessary to maintain the daily life or occupation;
4.Accept appropriate monitoring by technical equipment;
5.Do not leave the domicile, residence or certain area without the permission of the court or prosecutor;
6.Hand over passports and travel documents; the court may also notify the competent authority not to issue passports and travel documents;
7.No specific actions are allowed to be taken against the specific property without the permission of the court or prosecutor.
8.Other matters the court considers appropriate.
The provisions of the preceding paragraphs may be altered, extended or revoked by petition or ex officio.
In granting the suspension of detention during the trial, the court may order the defendant to appear in court on the day of announcing the judgement.
Those who violate the matters to be observed set out under Paragraph 1 or Paragraph 3 hereof by the court may be arrested without a warrant.
The enforcement measures for matters of implementation agencies (institutions), personnel, methods and procedures of the monitoring technical equipment under Subparagraph 4 of Paragraph 1 hereof shall be determined by the court together with the Executive Yuan.

Article 117

A person who has been released from detention may be detained again under one of the following circumstances:
1.Failure to appear without proper reasons after having been legally summoned;
2.Violation of the limitation placed upon his/her domicile or residence;
3.One of the circumstances specified in Paragraph 1 of Article 101 or Paragraph 1 of Article 101-1 has newly occurred in the case concerned;
4.Violation of the matters to be observed as set forth by the court under the preceding article;
5.The defendant, who was detained pursuant to Subparagraph 3, Paragraph 1 of Article 101 and released from detention under Subparagraph 3 of Article 114, but the reason for the suspension of detention has disappeared, which makes it still necessary for the defendant to be detained.
If one of the circumstances specified in the preceding paragraph exists during the investigation, the prosecutor may file the petition to the court.
The period of re-detention shall be counted together with the elapsed period of detention prior to the suspension of the detention.
When the court orders the re-detention pursuant to the provision of Paragraph 1 hereof, the provision of Paragraph 1 of Article 103 shall apply mutatis mutandis.

Article 117-1

The provisions of the preceding two articles shall apply mutatis mutandis to the situations where the public prosecutor releases the accused on bail, to the custody of another, or with a limitation on his residence in accordance with the proviso of section III of Article 93, or section IV of Article 228. The same rule applies when the court releases the accused on bail, to the custody of another, or with limitation on his residence under Article 101-2.
In detaining the accused under the preceding section by court, the provisions of Article 101 and 101-1 shall apply; if the public prosecutor applying for the detention of the accused to the court, the provision of section II of Article 93 shall apply.
The bail bond obligation shall be terminated, if the detention of an accused is made under the provision of section I of this article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 118

If an accused who has been released on bail absconds or conceals himself, the court shall order the surety to pay the amount of money specified in the order fixing bail and forfeit it; if the bail is not paid, compulsory execution shall be levied; if the cash bail bond has already been supplied, it shall be forfeited.
The provision of the preceding section shall apply mutatis mutandis to the case where the public prosecutor orders the release of the accused on bail under the proviso of section III of Article 93, and section IV of Article 228.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 119

The obligation associated with a bail bond is terminated, if the detention is revoked, the detention is re-executed, the judgment of non-prosecution is delivered, a guilty ruling is delivered and prison sentence is enforced, or the validity of detention is eliminated as a result of a judgment.
The accused, and the third party who furnished a promissory note or paid the bail amount may request the release of the bail bond, and the court or the prosecutor shall grant such a release. However, if it is stipulated otherwise, such other provisions shall apply.
If the obligation associated with bail is terminated or a bail bond is released, the promissory note should be cancelled, or the non-forfeiture portion of the bond should be returned.
The provisions of the preceding three paragraphs apply mutatis mutandis to persons who are given the custody release order.

Article 119-1

If the bail bond is paid in cash, the bond is subject to interest calculations; if the bond is returned pursuant to the provisions of paragraph 3 of the preceding Article, the accrued interest will also be returned. If the whereabouts of the person to whom the bond should be returned is unknown, or if the bond cannot be returned due to other reasons, the court or the prosecutor should make a public announcement. If after ten years from the date of announcement, no one claims the proceeds, the bond shall be turned over to the National Treasury.
If the bond is forfeited pursuant to the provisions of Article 118, the accrued interest is also forfeited.
The procedures for criminal-case related bond deposits, interest calculations and proceed returns shall be determined by the Judicial Yuan and the Executive Yuan.

Article 120

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 121

The revocation of detention specified in Paragraph 1 of Article 107, the order of release on bail, restrained of another, or with a limitation on domicile or residence specified in Article 109, the suspension of detention specified in Paragraph 1 of Article 110, Article 115 and Article 116, the alteration, extension or revocation specified in Paragraph 2 of Article 116-2, the forfeit of cash bail specified in Paragraph 1 of Article 118, and the refund of the cash bond or withdrawal of the bail bond specified in Paragraph 2 of Article 119 shall be rendered by the court in the form of a ruling.
The rulings specified in the preceding paragraph, detention, other rulings regarding matters of detention, and restrictions on exit from the national border or restrictions on exist from the sea in accordance with Articles 93-2 to 93-5 shall be ruled by the court of second instance, when the case is under appeal at the court of third instance and the court files and exhibits thereof have already been submitted to the said court.
Before rendering the ruling specified in the preceding paragraph, the court of second instance may request for retrieving the case files and exhibits from the court of third instance.
During the stage of investigation, the alteration, extension or revocation of the matters to be observed by the defendant pursuant to Paragraph 1 of Article 117-1, forfeit of cash bail specified in Paragraph 2 of Article 118, refund of the cash bond or withdrawal of the bail bond specified in Paragraph 2 of Article 119, and the proviso of Paragraph 3 of Article 93 and the order to furnish bail, release to restrained of another, or with limitation on domicile or residence specified in Paragraph 4 of Article 228, shall be rendered by the prosecutor in the form of an order.

CHAPTER XI SEARCH AND SEIZURE

Article 122

If necessary, the person, property, electronic record, dwelling, or other premises of an accused or a suspect may be searched.
The person, property, electronic record, dwelling, or other premises of a third party may be searched only when there is probable cause to believe that the accused or the suspect, or property or electronic record subject to seizure is there.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 123

Search of the person of a female shall be conducted by a woman unless it is impossible.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 124

A search shall be kept secret, and attention shall be paid to the reputation of the person searched.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 125

If no property subject to seizure is found, a certificate to that effect shall be given to the person who was searched.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 126

If a document or other thing held or kept by a public office or public official is to be seized, a request shall be made for its surrender, provided that a search may be made if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 127

A place which must be kept secret for military purposes shall not be searched without the permission of the officer in charge.
Under the circumstance specified in the preceding section, the permission cannot be withheld except for the possibility of violation of major national interests.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 128

A search warrant is required to conduct a search.
A search warrant shall contain the following matters:
(1) Offense charged;
(2) The accused or suspect to be searched or the property to be seized; if the accused or suspect is unknown the, same can be waived;
(3) The place, person, property or electronic record to be searched;
(4) The period that the warrant remains valid shall be specified; no search can be made after the expiration date; search warrant shall be returned after its execution.
A search warrant shall be signed by a judge; the judge may specify proper instructions, to be followed by the person executing the search, on the search warrant.
The procedure in issuing of the search warrant shall not be open to the public.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 128-1

During the investigation stage, if the public prosecutor deems that a search is necessary, he shall apply for a search warrant to the court concerned in writing, containing the matters specified in section II of the preceding article, together with the reason thereof, except for the circumstances specified in section II of Article 131.
A judicial police officer, for the purpose of investigating the details of offense committed by the suspect and gathering evidences of the offense, may, if necessary, after obtaining permission from the public prosecutor, apply for a search warrant from the court concerned.
If the application specified in the preceding two sections is denied, the ruling is not appealable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 128-2

A search shall be conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman unless it is personally made by a judge or public prosecutor.
A public prosecuting affairs official in conducting a search, may seek assistance from the judicial police officer or judicial policeman if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 129

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 130

An accused or a suspect arrested with or without a warrant or detained by a public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman, may be searched without a search warrant. The same shall apply to the items he is carrying, the transportation vehicle he is using, and the premises within his immediate control.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 131

A public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman may search a dwelling or other premises without a search warrant, under one of the following circumstances:
(1) To arrest an accused or a suspect with or without a warrant or to detain him, provided that there are facts sufficient to justify a conclusion that the accused or criminal suspect is therein;
(2) To pursue a person in flagrante delicto or to arrest, without a warrant, a person who has escaped, provided that there are facts sufficient to justify a conclusion that the said person is therein;
(3) When there are obvious facts to believe that a person inside the premise is committing a crime and the circumstances are urgent.
During the investigation stage, a public prosecutor may conduct a search without a warrant or instruct the public prosecuting affairs official, judicial police officer, or judicial policeman to do it and report the same to the public prosecutor general, if there really are probable cause to believe that circumstances are exigent and there are sufficient facts to justify an apprehension that the evidence shall be destroyed, forged, altered, or concealed within twenty four hours unless a search is conducted immediately.
If the search specified in the preceding two sections is conducted by a public prosecutor, the same shall be reported to the court concerned within three days. If it is conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman, the same shall be reported to the public prosecutor of the public prosecutor office concerned and the court within three days. If the court decides that the search should not be approved, the court shall cancel it within five days.
If the search conducted under section I or II has not been reported to the court concerned, or has been canceled by the court, the court at trial may declare the things seized inadmissible as evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 131-1

A search may be made without a search warrant with the voluntary consent of the person being searched, provided that the person conducting the search shall show his proof of identity to the person being searched, and put the fact of the consent being given in the records.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 132

If a search is resisted, force may be used, but such force may not be excessive.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 132-1

After executing the search warrant issued upon application, the public prosecutor, or judicial police officer shall report the results to the court issuing the search warrant; if it cannot be executed, the reasons shall be explained thereof.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 133

An item which can be used as evidence, or that is subject to confiscation, may be seized.
To ensure a forced collection, a certain portion of the property of the suspect, accused, or a third party, may be seized with discretion as required.
The owner, holder, or custodian of the items to be seized shall bring forward or deliver the items as ordered.
The competent authority should be notified and a registration method should be used when seizing real estate, ships, or aircraft.
To seize creditors' rights, a seizure order may be issued to prohibit a collection from debtors, or other sanctions, and to prohibit the action of paying off for the accused or a third party.
The seizure, as implemented under this Code, has the effect of prohibiting a disposition. It does not impede the seal or seizure of provisional attachment, provisional injunction of civil proceedings, or the enforcement of a final judgment.

Article 133-1

A seizure that is not covered by a search warrant shall be adjudicated by a judge, except when the item is seized for evidence, or the obligee of the seizure target has given consent.
In the consent scenario, as described in the preceding paragraph, the enforcer shall present his/her credentials, and inform the obligee of the seizure target that he/she has the right to refuse the seizure, and that there is no requirement to give consent against his/her will, and then a record of his/her consent response is entered in the transcript.
The ruling, as referred to in the first paragraph, shall include the following information:
1. Case summary.
2. The identity of the person receiving the seizure ruling, and the seizure target description. However, this information may be omitted if the identity of the person receiving the seizure ruling is unknown.
3. Enforcement validity and instructions for suspended enforcement when the validity expires. The judge may also state additional appropriate instructions to enforcers of this ruling.
The procedures for issuing the ruling, as referred to in the first paragraph, shall not be made public.

Article 133-2

During an investigation, if the prosecutor deems it necessary to apply for a seizure ruling, a written request, including the information as described in Paragraph 3 Subparagraph 1 and Subparagraph 2 of the preceding Article, along with detailed reasons for the request, shall be submitted to the court concerned with making the ruling.
If a judicial police officer finds it necessary to make a seizure, he/she may submit a request to the concerned court for the issuance of a seizure ruling pursuant to the provisions of the preceding paragraph after obtaining the prosecutor's permission.
If, during an investigation, the prosecutor, prosecuting investigator, judicial police officer, or judicial police deems that there is sufficient cause and urgency for an immediate seizure, then such seizure may be enforced directly; the prosecutor may also command the prosecuting investigator, judicial police officer, or judicial police to enforce this seizure.
The seizure, as described in the preceding paragraph, shall be reported to the concerned court within three days of the execution if it is implemented by the prosecutor; and shall be reported to the prosecutor of the concerned prosecutors office and the court within three days of execution if it is implemented by the prosecuting investigator, judicial police officer, or judicial police. If the court deems that such action is not permitted, the seizure must be revoked within five days.
If the request, as referred to in paragraphs 1 and 2, is rejected, the decision shall not be challenged.

Article 134

A document or other property in the possession or custody of a public office, public official, or former public official which should be kept confidential for official reasons may not be seized without the permission of a supervisory public office or the public official in charge.
The permission specified in the preceding paragraph may not be withheld unless it is contrary to the interests of the State.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 135

Mail or a telegram which is in the possession or custody of a post office, telegraph office, or an official thereof may be seized under one of the following circumstances:
(1) If there is probable cause to believe that it is connected to the case.
(2) If it is sent by or to an accused, provided that mail or a telegram between an accused and his defense attorney may not be seized unless it is considered to be evidence of an offense; or it is apprehended that the addressee or the addresser may destroy, forge, or alter evidence or conspire with a co-offender or witness, or the accused has absconded.
If the seizure specified in the preceding section is executed, the addressee or the addresser of the mail or a telegram shall be notified unless it would interfere with judicial proceeding.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 136

A seizure, in addition to being enforced by a judge or the prosecutor themselves, may be conducted by a prosecuting investigator, judicial police officer, or judicial police, as ordered by the judge or prosecutor.
If a prosecuting investigator, judicial police officer, or judicial police is ordered to conduct the seizure, a case summary should be stated in the given search warrant or seizure ruling.

Article 137

When the prosecutor, prosecuting investigator, judicial police officer, or judicial police are conducting a search or seizure operation, if there are objects that should be seized in relation to the case but not listed in the search warrant or seizure ruling, such objects may be seized.
The provisions of Article 131 paragraph 3 shall apply mutatis mutandis to the case, as described in the preceding paragraph.

Article 138

If an owner, possessor, or custodian of property which should be seized refuses to surrender or deliver it or resists the seizure without justified cause, such seizure may be effected by force.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 139

A receipt listing in detail the property seized shall be given to the owner, possessor, or custodian.
Seized property shall be sealed up or otherwise marked; the public office or official executing the seizure shall place a seal on the property seized.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 140

Appropriate measures shall be taken to protect property against loss or damage.
A person may be ordered to guard seized property which is inconvenient to transport or preserve, or the owner or other proper person may be ordered to preserve it.
Seized property which is dangerous may be destroyed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 141

If the seized property, as confiscated or forced collected, may be lost, damaged, lose value, difficult to keep, or too expensive to keep, it may be sold for its value and the proceeds of which shall be retained.
The sale, as referred to in the preceding paragraph, shall be conducted by the prosecutor, if such action occurs during an investigation; and it shall be conducted by the Civil Execution Department of a district court at the court's request, if such action occurs during a trial.

Article 142

Where the retention of seized property is no longer necessary, the seized property shall be returned to the owner, by a ruling of the court or an order of the public prosecutor, before the conclusion of the case. Where the seized property constitutes stolen property and is not claimed by any third party, it shall be returned to the victim of the crime.
Seized property, upon a request made by the owner, possessor, or custodian, may on a provisional basis be returned to the person who made the said request, who shall be ordered to bear the obligation to preserve the property concerned.
The owner, possessor, or custodian of the seized property, with justifiable cause, may request copies of the seized property during the trial stage accompanied by posting the deposit for the necessary fees in advance.

Article 142-1

If the court or the prosecutor deems it appropriate at the request of the owner or the obligee of the seized property, as confiscated or forced collected, the court or the prosecutor can rule to set, or order, a commensurate amount of guarantee money, and after such guarantee money is paid, revoke the seizure.
The provisions of Article 119-1 apply mutatis mutandis to the deposit, interest calculation, and return of guarantee money.

Article 143

The provisions of the preceding five Articles shall apply mutatis mutandis to the object that the accused, suspect, or a third party left at the crime scene, or to the object voluntarily submitted or delivered by its owner, holder, or custodian, which has been retained.

Article 144

Locks and seals may be broken or other necessary measures taken to execute a search or seizure.
In executing the search or seizure, the premises subject to search may be closed to public and the person therein be ordered not to leave, or any person other than the accused, suspect, or a third person, specified in the preceding article may be prohibited to enter the premises.
A violator of the restraining order specified in the preceding section shall be ordered to leave or put into the custody of an appropriate person until the executing proceeding is completed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 145

When conducting a search, or a seizure, the judge, prosecutor, prosecuting investigator, judicial police officer, or judicial police shall present the search warrant or seizure ruling to the people present at such action, as described in Article 148, except in cases where a search warrant or seizure ruling is not required by law.

Article 146

No occupied or guarded dwelling or other premises may be entered and searched or property seized at night unless the occupant, watchman, or his representative gives permission, or the circumstances are urgent.
If a search or seizure is executed at night, the reason therefore shall be stated in the record.
A search or seizure begun during the day may be continued till night.
The provision of section III of Article 100-3 shall apply mutatis mutandis to search and seizure executed at night.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 147

The following premises may be entered at night for a search or seizure:
(1) A place occupied or used by a person on parole;
(2) A hotel, restaurant, or other premises open to the public at night during the period that it is open;
(3) A place frequently used for gambling, committing sexual offense against victim's free will, or committing offenses against morality.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 148

If a search or seizure is executed in an occupied or guarded dwelling or other premises, the occupant, watchman, or his representative shall be ordered to be present; in their absence, a neighbor or an official of a nearby self-governing body may be ordered to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 149

If a search or seizure is to be executed in a public office, military camp, naval vessel, or secret military place, the officer in charge thereof or his representative shall be notified to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 150

The parties and the defense attorney during the stage of trial may be present at a search or seizure unless an accused is in confinement or it is considered that his presence would interfere with the search or seizure.
If it is considered to be necessary, an accused may be ordered to be present when a search or seizure is executed.
The time, date, and place of a search or seizure shall be communicated to the person who may be present in accordance with the preceding two sections unless circumstances are urgent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 151

If a search or seizure is temporarily suspended, the premises shall be locked and a person ordered to guard such premises if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 152

If property which should be seized for another case is discovered while executing a search or seizure, such property may be seized and delivered to the court or public prosecutor having jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 153

The presiding judge or public prosecutor may request the judge or public prosecutor of the place where a search or seizure is to be made to execute such search or seizure.
If the requisitioned judge or public prosecutor discovers that the search or seizure shall be executed at another place, the judge or public prosecutor of such place may in turn forward such request to the judge or public prosecutor concerned.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER XII EVIDENCE

Section 1 - GENERAL PROVISIONS

Article 154

Prior to a final conviction through trial, an accused is presumed to be innocent.
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 155

The probative value of evidence shall be determined at the discretion and based on the firm confidence of the court, provided that it cannot be contrary to the rules of experience and logic. Evidence inadmissible, having not been lawfully investigated, shall not form the basis of a decision.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 156

Confession of an accused not extracted by violence, threat, inducement, fraud, exhausting interrogation, unlawful detention or other improper means and consistent with facts may be admitted as evidence.
Confession of an accused, or a co-offender, shall not be used as the sole basis of conviction and other necessary evidence shall still be investigated to see if the confession is consistent with facts.
If the accused states that his confession was extracted by improper means, his confession shall be investigated prior to investigating other evidences; if the said confession is presented by the public prosecutor, the court shall order the public prosecutor to indicate the method to prove that the confession is obtained under the free will of the accused.
Where an accused has made no confession nor has there been any evidence, his guilt shall not be presumed merely because of his refusal to make a statement or remaining silent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 157

No evidence is needed to be adduced to prove facts commonly known to the public.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 158

No evidence is required to be adduced to prove such facts that are obvious to the court or become known to it in performing its functions.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 158-1

The court shall give the parties opportunities to state his opinion regarding the facts that are not required to be proven as specified in the preceding two articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 158-2

Any confession or other unfavorable statement obtained from the accused or suspect in violation of provisions of Paragraph 2 of Article 93-1 or Paragraph 1 of Article 100-3 shall not be admitted as evidence. The preceding provision does not apply to a situation where it is proved that the said violation was not in bad faith and the confession or statement concerned was made voluntarily out of free will.
The provision of the preceding paragraph shall apply mutatis mutandis to the situation where a public prosecutor investigator, judicial police officer, or judicial policeman violates the provisions of Paragraph 1, Subparagraphs 2 or 3 or Paragraph 2 of Article 95 in interrogating an accused or suspect arrested with or without a warrant.

Article 158-3

If a witness or expert witness fails to sign an affidavit to tell the truth, as required by law, his testimony or expert opinion shall not be admitted as evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 158-4

The admissibility of the evidence, obtained in violation of the procedure prescribed by the law by an official in execution of criminal procedure, shall be determined by balancing the protection of human rights and the preservation of public interests, unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159

Unless otherwise provided by law, oral or written statements made out of trial by a person other than the accused, shall not be admitted as evidence.
The provision of the preceding section shall not apply to the circumstances specified in section II of Article 161, nor to the case in a summary trial proceeding or where sentencing is ordered by a summary judgment; the same rule shall apply to the review of the application for detention, search, detention for expert examination, permission for expert examination, perpetuation of evidence and other compulsive measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159-1

Statements made out of trial by a person other than the accused to the judge shall be admitted as evidence.
Statements made in the investigation stage by a person other than the accused to the public prosecutor, shall be admitted as evidence unless it appears to be obviously unreliable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159-2

When the statements made, in the investigation stage, by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman are inconsistent with that made in trial, the prior statement may be admitted as evidence, provided that special circumstances exist indicating that the prior statements are more reliable, and that they are necessary in proving the facts of the criminal offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159-3

Statements made in the investigation stage by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman may be admitted as evidence, if one of the following circumstances exists in trial and after proving the existence of special circumstances indicating its reliability and its necessity in proving the facts of criminal offense:
(1) The person died;
(2) The person has lost his memory or has been unable to make a statement due to physical or emotional impairment;
(3) The person cannot be summoned or has failed to respond to the summons due to the fact that he is staying in a foreign country or his whereabouts are unknown;
(4) The person has refused to testify in court without justified reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159-4

In addition to the circumstances specified in the preceding three articles, the following documents may also be admitted as evidence:
(1) Documents of recording nature, or documents of certifying nature made by a public official in performing his duty, unless circumstances exist making it obviously unreliable;
(2) Documents of recording nature, or documents of certifying nature made by a person in the course of performing professional duty or regular day to day business, unless circumstances exist making it obviously unreliable;
(3) Documents made in other reliable circumstances in addition to the special circumstances specified in the preceding two Items.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 159-5

Statements made out of trial by a person other than the accused, although not consistent with the provisions of the preceding four articles, may be admitted as evidence, if the party consents to its admissibility as evidence in the trial stage and the court believes its admissibility is proper after considering the circumstances under which the oral or written statement was made.
The party, agent, or defense attorney shall be deemed to have granted his consent specified in the preceding section, if during the investigation of evidence in the court he has knowledge of the existence of the circumstances specified in section I of Article 159 as to the inadmissibility of the evidence and fails to object to its admission before the conclusion of oral argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 160

Personal opinion or speculation of a witness shall not be admitted as evidence, unless it is based on his personal experience.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 161

The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 161-1

The accused may indicate methods of proof favorable to him against the facts charged.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 161-2

The parties, agent, defense attorney or assistant of the accused shall present opinion concerning the scope, order, and methods of evidence to be investigated.
The court shall make the ruling according to the opinions presented under the preceding section; changes can be made based on the motion from the parties, agent, defense attorney, or assistant of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 161-3

The court shall not investigate the confession of the accused that is admissible as evidence prior to investigating other evidence concerning the facts of the crime, unless otherwise specifically provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 162

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 163

A party, agent, defense attorney, or assistant may request to examine the evidence and may question a witness, an expert witness, or the accused during such examination. This shall not be prohibited unless the presiding judge of the court deems it inappropriate.
The court may, for the purpose of discovering the truth, sua sponte examine the evidence. For the purpose of maintaining justice or discovering facts that are critical to the interest of the accused, the court shall sua sponte examine the evidence.
Before examining the evidence in accordance with the preceding paragraph, the court shall provide the parties, agent, defense attorney or assistant the opportunity to state their opinions.
The complainant may state his/her opinions in relation to matters of the examination of evidence, and may petition to the public prosecutor to make a request to the court for the examination of evidence.

Article 163-1

Motion filed by parties, agent, defense attorney, or assistance of evidence investigation shall be in writing and contain the following matters in detail:
(1) The evidence to be investigated and its relationship with the fact to be proven;
(2) The name, gender, domicile or resident of the witness, expert witness, or interpreter to be subpoenaed and the estimated time spent for examination;
(3) A list of the evidential document, or other documents to be investigated; if part of the same shall be investigated, only that portion shall be filed.
The copies of the written motion shall be filed, according to the number of persons in the other party; the court shall deliver it promptly after receiving the same.
In case the written motion specified in section I of this Article cannot be filed for good reasons, or in case of emergency, the motion may be made orally.
In circumstances specified in the preceding section, the oral motion shall state clearly, the matters specified in the Items of section I of this article and it shall be put in the record by the clerk; if the other party is not present, the record shall be delivered to him.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 163-2

The court may overrule, by a ruling, the motion for investigation of evidence filed by a party, agent, defense attorney, or assistant, if it deems to be unnecessary.
The following circumstances shall be deemed unnecessary:
(1) Inability to investigate;
(2) It bears no critical relationship with the fact to be proven;
(3) It is unnecessary to investigate because the facts to be proven is clear;
(4) Filing the motion again for the same evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 164

The presiding judge shall show the exhibit to the party, agent, defense attorney, or assistant and ask him to identify it.
If the exhibit specified in the preceding section is a document and the accused does not understand its meaning he shall be informed of its essential points.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 165

Records and other documents in the file which may be used as evidence shall be read, by the presiding judge, to the party, agent, defense attorney, or assistant, or their essential points explained.
If the documents referred to in the preceding section are those against morality, public safety, or possibly defamatory, it shall be handled to the party, agent, defense attorney, or assistant for reviewing instead of reading it to these persons; if the accused does not understand its meaning, the essential points shall be explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 165-1

The provision of the preceding article shall apply mutatis mutandis to other evidential items other than documents which have the same effect as the document.
Audio recording, video recording, electronic record or other similar evidential items that can be used as evidence, shall be played, by the presiding judge, with appropriate equipment to reveal the sound, picture, signals, or information to the party, agent, defense attorney, or assistant to identify, or their essential points explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166

After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.
The examination of a witness or an expert witness shall be in the following order:
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-1

Direct examination shall be made on the facts to be proven and other matters concerned.
To examine the probative value of the statement of the witness or expert witness, the direct examination may be made as to the necessary points thereof.
No leading question may be asked in direct examination, except for the following circumstances:
(1) The personal identity, education, experience of the witness or expert witness, and matters necessary to his social relationships prior to getting into the substantive matter being examined;
(2) The matter clearly not in dispute;
(3) For the purpose of refreshing the memory of the witness or expert witness in case the witness or expert witness has a vague memory;
(4) The witness or expert witness appears to be hostile or antagonistic to the examiner;
(5) The matters which the witness or expert witness is trying to avoid answering;
(6) The prior statement of the witness or expert witness, if it is inconsistent with his current statement;
(7) Other special circumstances that will validate the necessity of a leading question.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-2

The scope of cross examination shall be limited to the matters or its related matter revealed in direct examination, or the matters necessary for examining the probative value of the statements made by the witness or expert witness.
Leading question may be asked in cross examination if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-3

Matters in supporting of new allegation by the cross-examiner may be brought out in cross examination with the court's permission.
The examination made as specified in the preceding section shall be treated as direct examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-4

The scope of redirect examination shall be limited to the matters or its related matters revealed in cross examination.
The redirect examination shall apply the rules of direct examination.
The provision of the preceding article shall apply mutatis mutandis to this article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-5

The scope of recross examination shall be limited to the matters necessary for examining the probative value of the evidence revealed in redirect examination.
The recross examination shall apply the rules of cross examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-6

After examining a witness or an expert witness subpoenaed by the court on its own motion, the party, agent, or defense attorney may examine him, the order of doing the examination shall be determined by the court.
The presiding judge may continue to examine a witness or an expert witness after he has been examined by the party, agent, or defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 166-7

The examining of a witness or an expert witness and the answers thereof shall be specific as to a particular point.
The following ways of examination shall be prohibited, unless the circumstances specified in items 5 through 8 exist and there is a good reason not to apply it:
(1) The question is unrelated to the subject case or the matter revealed by examination;
(2) The examination is conducted by ways of threat, insult, inducement, fraud, or other improper means;
(3) The question is abstract and lack of specification;
(4) The question is unjustifiable leading;
(5) The examination is based on hypothetical facts or facts unsupported by evidence;
(6) Repeated question;
(7) Asking the witness to state his personal opinion, speculation, or comment;
(8) The testimony may seriously injure the reputation, credit, or property of the witness or the persons who have the relationship with him as specified in section I of Article 180;
(9) The examination is addressed to matters that the witness has not personally experienced, or things that the expert witness has not personally examined;
(10) Other ways prohibited by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167

The presiding judge shall not restrict or prohibit the examination of witness or expert witness by the party, agent, or defense attorney, unless the examination is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-1

The party, agent, or defense attorney may object to the examination of witness or expert witness and the answer thereof for the reasons that it violates the law or regulation, or it is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-2

The objection specified in the preceding article shall be made to a particular question or answer and it shall be immediately accompanied by brief reasons thereof.
The presiding judge shall make immediate ruling on the objection specified in the preceding section.
The opposing party, agent, or defense attorney may state his opinion about the objection prior to the presiding judge's making ruling.
The witness or expert witness shall not make statement between the time objection is made and the time a presiding judge's ruling is announced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-3

The presiding judge shall overrule an objection if it is determined that it was not timely made, it was made for delaying the proceeding or for other illegitimate purposes, unless the subject matter of objection, not timely made, has a critical relationship with the case at bar.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-4

The presiding judge shall overrule an objection if it is determined that it is was not supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-5

The presiding judge shall make a ruling to order the termination, withdrawal, cancellation, alteration, or other appropriate measures of the question being asked and the answer thereto as the case may be, if the objection is supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-6

No appeal shall be made to the rulings specified in the preceding three articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 167-7

The provisions of section II of Article 166-7, and Articles 167 through 167-6 shall apply mutatis mutandis to examination specified in section I of Article 163.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 168

A witness or an expert witness may not leave the court without permission of the presiding judge notwithstanding that he has finished testifying.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 168-1

The party, agent, defense attorney, or assistant may be present at the time a witness, an expert witness, or an interpreter is being examined.
The court shall send notice in advance regarding the date, time, and place of examination specified in preceding section, unless the unwillingness of being present had been declared ahead of time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 169

If a presiding judge foresees that a witness, an expert witness, or the other co-defendants will not freely state what he knows in the presence of the accused, he may, after considering the opinion of the public prosecutor and defense attorney, order the accused to leave the court, provided that after the testimony is concluded, the accused shall be ordered to reenter the court and the important points of the testimony shall be related to him. Also, the accused shall be offered the opportunity to examine or to confront that person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 170

An associate judge who participates in a trial by panel of judges may, after informing the presiding judge, examine an accused, or examine a witness or expert witness by applying mutatis mutandis the provisions of section IV of Article 166 and section II of Article 166-6.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 171

The provisions of Articles 164 through 170 shall apply mutatis mutandis to a court or commissioned judge in making examination according to the provisions of section I of Article 273, or Article 276 prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 172

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 173

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 174

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 2 - WITNESS

Article 175

A witness shall be called to testify by a subpoena.
A subpoena shall contain the following matters:
(1) Full name, sex, domicile and residence of the witness;
(2) Principal facts of the case to be testified;
(3) Date, hour, and place of appearance;
(4) That the witness may be fined or an arrest warrant may be issued if he fails to appear without good reason;
(5) That the witness may request daily fees and traveling expenses.
A subpoena shall be signed by the public prosecutor during the stage of investigation or by the presiding judge or commissioned judge during the stage of the trial.
A subpoena shall be served at least twenty-four hours before the date of appearance unless the circumstances are urgent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 176

The provisions of Articles 72 and 73 shall apply mutatis mutandis to the subpoenaing of a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 176-1

Everyone shall have the obligation to be a witness in other's case unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 176-2

In case a court deems it is necessary to subpoena a witness due to the motion of the party, agent, defense attorney, or assistant, the person making the motion shall urge the witness to be present.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 177

If a witness is unable to appear or there are other necessary circumstances, after considering the opinion of the party or defense attorney, he may be examined where he is found or in the court of the judicial district in which he resides.
In circumstances specified in the preceding section, if there is audio and video transmission technical equipments that can communicate between the place where the witness is located and the court, the court may conduct the examination by utilizing the said technology if the court deems appropriate to do so.
In conducting the examination specified in the preceding two sections, the party, defense attorney, and agent may be present and may examine the witness; the court shall send notice in advance regarding the date and place of examination.
The provisions of the preceding two sections shall apply mutatis mutandis to the investigation stage.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 178

A legally subpoenaed witness who fails to appear without good reason may be imposed a pecuniary penalty of not more than thirty thousand NT; in addition, he may be arrested with a warrant; if he fails to appear when being subpoenaed again, the same rule may be applied.
The pecuniary penalty specified in the preceding section shall be imposed by a ruling of the court; if the witness is subpoenaed by a public prosecutor, the said court shall be requested to make a ruling.
An interlocutory appeal may be taken from the ruling specified in the preceding section.
The provisions of Articles 77 through 83 and 89 through 91 shall apply mutatis mutandis to the arrest of a witness with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 179

In examining a witness who is or was a public official on matters which should be kept confidential for official reasons, the permission of the competent supervising public office or officer must be obtained.
The permission specified in the preceding section may not be withheld unless the testimony would be harmful to the interests of the State.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 180

A witness may refuse to testify under one of the following circumstances:
(1) The witness is or was the spouse, lineal blood relative, blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member of the accused or private prosecutor;
(2) The witness is betrothed to the accused or private prosecutor;
(3) The witness is or was the statutory agent of the accused or private prosecutor or the accused or private prosecutor is or was the statutory agent of such witness.
A person who has the relationship to one or more accused or private prosecutors specified in the preceding section may not refuse to testify on matters which relate only to the other accused or private prosecutors.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 181

A witness may refuse to testify if his testimony may subject himself or the person having the relationship to him specified in section I of the preceding article to criminal prosecution or punishment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 181-1

A person other than the accused may not refuse to testify in cross-examination on matters relating to the accused that has been revealed in direct-examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 182

A witness who is or was a medical doctor, pharmacist, obstetrician, clergy, lawyer, defense attorney, notary public, accountant, or one who is or was an assistant of one of such persons and who because of his occupation has learned confidential matters relating to another may refuse to testify when he is questioned unless the permission of such other person is obtained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 183

A witness who refuses to testify shall clearly state the reason for such refusal, provided that if one of the circumstances specified in Article 181 exists, such witness may be ordered to make an affidavit in lieu of stating the reason.
Approval or disapproval of a refusal to testify shall be by order of a public prosecutor during the stage of investigation or by the ruling of a presiding or commissioned judge during the stage of trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 184

If there are several witnesses, they shall be examined separately; one who has not been examined may not be present without permission.
If it is necessary to discover the truth, witnesses may be ordered to confront each other or the accused, and such a confrontation between witnesses may also be ordered at the request of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 185

In examining a witness, his identity and whether he has the relationship to an accused or private prosecutor specified in section I of Article 180 must first be investigated.
If a witness is found to have the relationship to an accused or private prosecutor specified in section I of Article 180, he shall be informed that he may refuse to testify.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 186

A witness shall be ordered to make an affidavit that he will tell the truth unless one of the following circumstances exists:
(1) He is under the sixteenth year of his age;
(2) He is unable, because of mental disability, to understand the meaning and effect of an affidavit.
If a witness is under the circumstances specified in Article 181, he shall be informed that he may refuse to testify.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 187

Before a witness signs an affidavit to tell the truth, he shall be informed of the obligation which it imposes and the punishment for perjury.
A witness who is not required to sign an affidavit to tell the truth shall be informed that he must tell the truth without concealment, qualification, addition, or modification.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 188

An affidavit to tell the truth shall be signed before an examination starts, provided that if doubt exists as to whether such affidavit is required, it may be ordered to be signed after the examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 189

An affidavit to tell the truth shall state that the testimony to be given is based upon actual facts without concealment, qualification, addition, or modification; if an affidavit to tell the truth is signed after an examination, it shall state that the testimony given was based upon actual facts without concealment, qualification, addition, or modification.
A witness shall be ordered to read aloud an affidavit to tell the truth; if the witness cannot read, the clerk shall be order to read aloud the affidavit to him and, if necessary, its meaning shall be explained.
A witness shall be ordered to place his signature, seal, or fingerprint on the affidavit to tell the truth.
If the witness is examined by utilizing technical equipments specified in section II of Article 177, the context of the affidavit to tell the truth may be transmitted to the court, or public prosecutor's office by electronic facsimile or other technical equipments followed by the original.
The rules governing the examination of a witness and the transmission of the content of affidavit to tell the truth specified in section II of Article 177 and the preceding section shall be set up by the Judicial Yuan and the Executive Yuan jointly.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 190

A witness who is examined may be ordered to relate the facts of the matter about which he is being examined in order from beginning to end.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 191

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 192

The provisions of Article 74, Article 98, Article 99, Paragraph 1 and 2 of Article 100 shall apply mutatis mutandis to the examination of a witness.

Article 193

A witness who refuses without good reason to sign an affidavit to tell the truth or to testify may be imposed a pecuniary penalty of not more than three thousand NT; the same rule shall apply to a witness who is required to sign an affidavit under the proviso of section I of Article 183, but who makes a false statement in the affidavit.
The provisions of sections II and III of Article 178 shall apply mutatis mutandis to the measures specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 194

A witness may request legally fixed daily fees and traveling expenses unless he was arrested with a warrant or has refused without good reason to sign an affidavit to tell the truth or to testify.
The request specified in the preceding section shall be made to a court within ten days after completion of the examination, provided that a request for traveling expenses may be made in advance.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 195

A presiding judge or public prosecutor may request the judge or public prosecutor of a place where a witness is found to examine him; if the witness cannot be found at such place, the judge or public prosecutor of such place may in turn make such request of a judge or public prosecutor of a place where the accused may be found.
The provision of section III of Article 177 shall apply mutatis mutandis to the requisitioned examination of the witness.
A requisitioned judge or public prosecutor who examines a witness shall have the same rights as the presiding judge or public prosecutor of the court in which the case is pending.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 196

A witness shall not be called to testify again where has been legally examined by a judge, and the parties has been offered the opportunity to cross examine witness, whose statement is clear and definite, and there is no necessity for further examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 196-1

A judicial police officer or judicial policeman may, for the purposes of investigating the circumstances of an offense and collecting evidence, may use written notification to summon the witness for interrogation if necessary.
The provisions of section II of Article 71-1, Article 73, Article 74, Items I through III of section II and section IV of Article 175, section I and section III of Article 177, Articles 179 through 182, Article 184, Article 185 and Article 192 shall apply mutatis mutandis to the summons and interrogation of witness specified in preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 3 - EXPERT WITNESSES AND INTERPRETERS

Article 197

Except as otherwise provided in this Section an expert witness is subject mutatis mutandis to the provisions of the preceding Section relating to a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 198

A presiding judge, commissioned judge, or public prosecutor may select one or more expert witnesses from the following:
(1) A person who has special knowledge and experience concerning the matter which requires expert opinion;
(2) A person who is commissioned by a public office to perform duties of an expert witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 199

An expert witness shall not be arrested with a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 200

A party may object to an expert witness for the same reasons as those which he may motion for the disqualification of a judge, provided that the fact that he has already been a witness or an expert witness in that particular case may not constitute a reason for objection.
A party may not object to an expert witness after he has testified or made a report regarding a matter which requires expert opinion, provided that this limitation does not apply if the reason therefor arose or became known thereafter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 201

If an objection is made to an expert witness, the reason for such objection and the facts specified in the proviso of section II of the preceding article shall be clearly indicated.
Approval or disapproval of an objection to an expert witness shall be made by order of a public prosecutor during the stage of investigation or by a ruling of the presiding or commissioned judge during the stage of trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 202

An expert witness shall sign an affidavit to tell the truth before giving expert testimony; such affidavit shall state that such testimony is impartial and honest.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 203

If necessary, a presiding or commissioned judge or public prosecutor may permit an expert witness to make an expert examination outside the court.
The thing which requires an expert examination may be given to an expert witness under the circumstances specified in the preceding section.
If expert examination of the mental or physical condition of an accused is necessary, such accused may be sent to a hospital or other suitable establishment for a prescribed period not more than seven days.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 203-1

A writ of detention for expert examination shall be issued for the circumstances specified in section III of the preceding article, unless the person being examined has been arrested with or without a warrant and the period is within twenty-four hours since the arrest.
A writ of detention for expert examination shall contain the following matters:
(1) Full name, sex, age, birth place, domicile or residence of the accused;
(2) Offense charged;
(3) The matter which requires exert examination;
(4) The establishment that the accused shall be detained and the prescribed period of detention;
(5) The relief that an accused can seek if he disagrees with the decision on detention for expert examination.
The provision of section III of Article 71 shall apply mutatis mutandis to the writ of detention for expert examination.
A writ of detention for expert examination shall be signed by a judge. A public prosecutor may apply the court to issue a writ of detention for expert examination if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 203-2

Detention of an accused for expert examination shall be executed by a judicial policeman who shall send the accused to the detaining establishment. The administrative staff in charge thereof shall, after examining the identity of the accused, make a remark regarding the date and time of receiving on the writ and sign thereon.
The provisions of Article 89 and 90 shall apply mutatis mutandis to the execution of writ of detention of expert examination.
In executing the detention for expert examination, the writ of detention for expert examination shall be sent to the public prosecutor, expert witness, defense attorney, accused and relative or friend appointed by the accused.
A court or public prosecutor may muto proprio or upon the application of the administrative staff of the detaining establishment order that the accused be guarded by a policeman, if it is necessary for the execution of detention for expert examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 203-3

The court may during the stage of trial, muto proprio, or during the stage of investigations, upon the application of a public prosecutor, extend or reduce the prescribed period for detention for expert examination by a ruling, provided that the extension made thereof shall not exceed two months.
The court may, during the stage of trial, muto proprio, or during the stage of investigation, upon application of a public prosecutor, change the place of detention by a ruling, provided that the change is necessary for safety purposes or other good reasons.
The public prosecutor, expert witness, defense attorney, accused and relative or friend appointed by the accused shall be notified of the rulings of the court specified in preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 203-4

If an accused is subject to the execution of the expert examination specified in section III of Article 203, the days spend in detention for expert examination shall be counted against the days for detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 204

If an expert examination is necessary, an expert witness may physically examine a person, conduct an autopsy, destroy a thing or enter into an occupied or guarded dwelling or other premises with the permission of the presiding or commissioned judge or public prosecutor.
The provisions of Article 127, Articles 146 through 149, Article 215, section I of Article 216 and Article 217 shall apply mutatis mutandis to the circumstances specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 204-1

A written permission is required for the permission of expert examination specified in section I of the preceding article, unless the expert examination is conducted in the presence of the presiding judge, commissioned judge or public prosecutor.
A written permission shall contain the following matters:
(1) Offense charged;
(2) The person subject to physical examination or body subject to autopsy, the thing to be destroyed, or the occupied or guarded dwelling or other premises to be entered into;
(3) Matter that needs expert opinion;
(4) Full name of the expert witness;
(5) The period within which the permitted action has to be executed.
A written permission shall be signed, during the stage of investigation, by a public prosecutor, and during the stage of trial, by a presiding judge or a commissioned judge.
Appropriate conditions may be added to the terms of a written permission specified in section I of this article for physical examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 204-2

An expert witness shall display the written permission specified in section I of the preceding article together with document for his identity at the time of execution of the measures specified in section I of Article 204.
A written permission for expert examination may not be executed after expiration date, the same shall be returned to the issuing authority.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 204-3

A person other than the accused may be imposed a pecuniary penalty of not more than thirty thousand NT if he refuses to be physically examined as specified in section I of Article 204 without justified reasons; he is also subject mutatis mutandis to the provision of sections II and III of Article 178.
In case the measures specified in section I of Article 204 is refused, the presiding judge, commissioned judge, or public prosecutor may lead the expert witness to execute it; the provisions of the Section of Inspections shall apply mutatis mutandis to this section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 205

If an expert examination is necessary, an expert witness may examine the record or exhibits with the permission of the presiding or commissioned judge or public prosecutor; such witness may request that the record or exhibits be collected or produced.
An expert witness may request the court or public prosecutor to examine an accused or private prosecutor or witness and the permission to be present and question them directly.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 205-1

If an expert examination is necessary, an expert witness may gather samples of body fluid, feces, blood, hair, or other bodily growth or bodily appendages, and to take fingerprint, footprint, voice sampler, handwriting, photo or other actions of like kind with the permission of the presiding or commissioned judge or public prosecutor.
The measures specified in the preceding section shall be specified in written permission under section II of Article 204-1.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 205-2

A public prosecuting affairs official, judicial police officer, or judicial policeman may, for the purposes of investigating the circumstances of an offense and collecting evidence, if necessary, gather fingerprint, handprint, footprint, and take picture, height and the like of a suspect or an accused arrested with or without a warrant, against his will; gathering samples of hair, saliva, urine, voice sampler, or exhalation may be made if there is probable cause to believe that the same can be used as the evidence of crime.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 206

An expert witness shall be ordered to make a report of his findings and results verbally or in writing.
If there are several expert witnesses, they may be ordered to make a joint report, but if their opinions differ, they shall be required to make separate reports.
If a report of an expert witness is submitted in writing, he may be required to explain it verbally if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 206-1

A court or public prosecutor may notify the party, agent, or defense attorney for his presence at the expert examination if necessary.
The provision of section II of Article 168 shall apply mutatis mutandis to the circumstances specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 207

If an expert examination is incomplete, the number of expert witnesses may be increased or another expert witness may be ordered to continue it or begin it anew.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 208

A court or public prosecutor may request a hospital, school, or other suitable establishment or group to make an expert examination or to review the examination of another expert witness; also, subject mutatis mutandis to the provisions of Articles 203 through Article 206-1; if a report or explanation should be made verbally, the person who actually made an expert examination or the person who reviewed the examination of another expert witness may be ordered to do it.
The provisions of section I of Article 163, Articles 166 through 167-7, and Article 202 shall apply mutatis mutandis to the circumstances of verbal report or explanation made by the person who actually made an expert examination or the person who reviewed the examination of another expert witness as specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 209

In addition to daily fees and traveling expenses fixed by law, an expert witness may request from the court appropriate compensation and expenses for making an expert examination, the latter can be requested in advance.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 210

Provisions relating to witnesses shall apply mutatis mutandis to the examination of a person who because of special knowledge is acquainted with past facts.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 211

The provisions of this Section shall apply mutatis mutandis to an interpreter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 4 - INSPECTIONS

Article 212

A court or public prosecutor may make an inspection in order to investigate the evidence or circumstances of an offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 213

An inspection may include the following measures:
(1) Examining the place of the offense or other place connected therewith;
(2) Physically examining a person;
(3) Examining a corpse;
(4) Conducting an autopsy;
(5) Examining property connected with the case;
(6) Performing other necessary measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 214

A witness or expert witness may be ordered to be present at the time of an inspection.
A party, an agent, or a defense attorney may be notified to be present at the time of an inspection to be conducted by public prosecutor, if necessary.
The party, agent or defense attorney shall be notified in advance of the date, time, and place of conducting inspection, unless unwillingness to be present had been clearly stated or emergent circumstances exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 215

Examination of a person other than an accused may be made only if there is probable cause to believe that it is necessary in investigating the circumstances of the offense.
The person specified in the preceding section may be subpoenaed to be present or to go to other designated establishment for inspection, subject mutatis mutandis to the provisions of Articles 72, 73, 175 and 178.
In examining the person of a female, a medical doctor or a woman shall be ordered to conduct it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 216

The identity of a corpse shall be clearly determined before it is examined or an autopsy is conducted.
In examining a corpse, a medical doctor or examining official shall be ordered to conduct it.
In conducting an autopsy, a medical doctor shall be ordered to do it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 217

In order to examine a corpse or to conduct an autopsy, a corpse or part of it may be retained temporarily or a coffin or grave opened.
A spouse or relative residing in the same house or nearest relative of a deceased shall be notified that he may attend an examination of a corpse, autopsy, or opening of a coffin or grave.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 218

If a person dies or is suspected of dying from an unnatural cause, the public prosecutor having competent jurisdiction shall immediately examine him.
A public prosecutor may order a public prosecuting affairs official, together with a coroner, a doctor, or an examining official, to conduct the examination specified in the preceding section; if it is apparent that there is no suspicion of an offense committed, the public prosecutor may instruct a judicial police office, together with a coroner, a doctor, or an examining official to conduct the examination.
When completing the examination as specified in the preceding section, the case file and evidence associated with the examination shall be immediately reported to the public prosecutor; if there is suspicion that a crime has been committed, the public prosecutor shall continue to conduct the necessary inspection and investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219

The provisions of Articles 127, 132, 146 through 151, and 153 of this code shall apply mutatis mutandis to an inspection.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 5 - PERPETUATION OF EVIDENCE

Article 219-1

If it is apprehended that the evidence may be destroyed, forged, altered, concealed, or hard to be used, the complainant, suspect, accused, or defense attorney may, during the stage of investigation, apply to the public prosecutor to conduct a search, seizure, expert examination, inspection, examination of a witness, or other necessary perpetuating measures.
A public prosecutor shall make perpetuating measures within five days of receiving the application specified in the preceding section, unless the application is deemed illegal or unsupported by good reason and is overruled.
If the public prosecutor overrules the application specified in the preceding section, or fails to make any perpetuation measures within the period specified in the preceding section, the applicant may apply directly to the court with proper jurisdiction for perpetuation of evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-2

The court shall, by a ruling, after consulting with the public prosecutor, overrule the application specified in section III of the preceding article, if the application does not comply with legal formality or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court shall grant the application for perpetuation of evidence by a ruling, if the court determined that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-3

The application for perpetuation of evidence under Article 219-1 shall be made to the public prosecutor in the stage of investigation, provided that if the case has not been transferred or reported to the public prosecutor, the same should be made to the public prosecutor of the public prosecutor's office of the district court where the office of the judicial police officer or judicial policeman, investigating the case located.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-4

During the trial at the first instance, the accused, or defense attorney may, before the first trial date, apply to the court or commissioned judge for perpetuation of evidence if necessary; in case of emergency, the said application may be made to the district court where the person, to be examined, resides or the evidence is located.
The same rule specified in the preceding section shall apply to the case when prior to the first trial date the public prosecutor or private prosecutor deems it is necessary to perpetuate the evidence.
The provision of section II of Article 279 shall apply mutatis mutandis to the circumstance when a commissioned judge deems it is necessary to perpetuate the evidence.
The court shall, by a ruling, immediately overrule the application for perpetuation of evidence if the application does not comply with legal formality, or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court or the commissioned judge shall grant the application for perpetuation of evidence by a ruling, if the court or the commissioned judge determines that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-5

Application for perpetuation of evidence shall be made in writing.
The written application for perpetuation of evidence shall contain the following matters:
(1) Brief statement of the case;
(2) The evidence to be perpetuated and the method of perpetuation;
(3) The fact to be proven by the evidence;
(4) The reason for such perpetuation of evidence.
Reason for Item IV of the preceding section shall be clearly indicated.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-6

A complainant, a suspect, an accused, a defense attorney, or an agent may be present at the time of the perpetuation of evidence executed upon his application, unless it is apprehended that his presence shall be harmful to the execution of perpetuation of evidence.
The person who may be present at the time of execution of perpetuation of evidence in the preceding section shall be notified of the date, time and place of the same, unless the existence of emergent circumstances makes the timely notification impossible, or the suspect or accused is in detention.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-7

During the stage of investigation, the evidence perpetuated shall be kept by the public prosecutor concerned, provided that if the case is currently investigated by a judicial police officer or judicial policeman, under a ruling of the court granting the perpetuation of evidence, the evidence so perpetuated shall be kept by the public prosecutor of the office of public prosecutor in the district court where the office of the judicial police officer or judicial policeman is located.
During the stage of trial, the evidence perpetrated shall be kept by the court ordered such perpetration, provided that if the case is pending in other court, the said evidence shall be delivered to that court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 219-8

The perpetuation of evidence shall subject mutatis mutandis to the provisions of this chapter, the preceding chapter and Article 248, unless otherwise provided.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER XIII DECISIONS

Article 220

A decision shall be in the form of a ruling unless this Code provides that it shall be in the form of a judgment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 221

A judgment shall be based on the oral arguments of the parties unless there is a special provision to the contrary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 222

A ruling on a motion made in open court shall be based on the oral statements of the parties.
If necessary, the court may investigate the facts before making a ruling.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 223

A judgment shall set forth the reasons therefor; the same rule shall apply to rulings to which there may be an interlocutory appeal or to rulings dismissing a motion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 224

A judgment shall be pronounced unless there has been no oral argument.
Only rulings in open court shall be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 225

A judgment shall be pronounced by reading aloud the syllabus, explaining its meaning, and stating the principal parts of the reasons.
A ruling shall be pronounced by explaining its meaning and, if there are explanatory reasons, by stating the reasons.
A judgment or ruling to be pronounced pursuant to the preceding two sections shall be published on the next day after its pronouncement, and the party shall also be notified of the same.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 226

If a written decision is required, the original thereof shall be given to the clerk on the same day it is pronounced, provided that if a judgment is pronounced on the date the verbal argument is ending, then it shall be given within five days thereafter.
The clerk shall make note regarding the date of receipt on the original of the decision and sign thereon.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 227

If there is a written decision, a true copy of the written decision shall be served on the parties, agent, defense attorney, or other persons concerned unless otherwise specially provided.
The service specified in the preceding section shall be made not later than seven days after the original copy is received.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

PART II TRIAL OF THE FIRST INSTANCE

CHAPTER I PUBLIC PROSECUTION

Section 1 - INVESTIGATION

Article 228

If a public prosecutor, because of complaint, report, voluntary surrender, or other reason, knows there is a suspicion of an offense having been committed, he shall immediately begin an investigation.
In conducting the investigation referred to in the preceding section a public prosecutor may set up a period of time and order the public prosecuting affairs official, judicial police officer specified in Article 230, or judicial policeman specified in Article 231 to investigate the circumstances of the offense, to collect evidence and to submit report thereof; the case file and evidence may be delivered thereto at the same time if necessary.
In the course of an investigation, an accused shall not be first summoned or interrogated unless necessary.
An accused who appears by complying with a summons, voluntary surrender, or on his free will may be released on bail, or to the custody of another, or with a limitation on his residence, if the public prosecutor, after examining the accused, considers that one of the circumstances specified in the items of section I of Article 101 or the items of section I of Article 101-1 exists but application for detention is unnecessary, provided that if detention is considered necessary, the accused may be arrested without a warrant, and be informed of the fact thereof followed by an application for detention filed with the court. The provisions of sections II, III and V of Article 93 shall apply mutatis mutandis to this section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 229

Each of the following officials shall act as judicial police officer within his respective judicial district and has the duty and power of assisting a public prosecutor in investigating an offense:
(1) Director General of National Police Agency, Commissioner of Police Department, General Commander of Peace Preservation Police Corps;
(2) A military police superior;
(3) A person authorized by law to exercise the duty and power of a judicial police officer, as specified in the preceding two items, in special matters.
The judicial police officer specified in the preceding section shall send the result of the investigation to the public prosecutor; if the said officer has taken the custody of the suspect arrested with or without a warrant, he shall send the suspect to the competent public prosecutor unless otherwise provided by the law, provided that if ordered by the public prosecutor, the suspect shall be sent immediately.
An accused, or suspect shall not be sent without first being arrested with or without a warrant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 230

Each of the following officials is considered to be a judicial police officer and shall obey the instructions of a public prosecutor in investigating an offense:
(1) A commissioned police officer;
(2) A military police officer or petty officer;
(3) A person authorized by law to exercise the duty and power of a judicial police officer in special matters.
The judicial police officer specified in the preceding section who suspects that an offense has been committed shall initiate an investigation immediately and report the results thereof to the competent public prosecutor and the judicial police officer referred to in the preceding article.
The scene of the crime may be closed to public and inspection taken immediately, if it is necessary for investigation specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 231

Each of the following officials is considered to be a judicial policeman and shall obey the orders of a public prosecutor or judicial police officer in investigating an offense:
(1) A policeman;
(2) A military policeman;
(3) A person authorized by law to exercise the duty and power of a judicial policeman in special matters.
A judicial policeman who suspects that an offense has been committed shall initiate an investigation immediately and report the results thereof to the competent public prosecutor and judicial police officer.
The scene of the crime may be closed to the public and inspection taken immediately, if it is necessary for investigation specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 231-1

If a public prosecutor considers that the case sent or reported by the judicial police officer or judicial policeman has not been investigated completely; the case file and evidence may be returned for more information or be sent to other judicial police officer or judicial policeman for investigation. The judicial police officer or judicial policeman shall send or report the result after completing supplementary investigation.
A public prosecutor may set up a time period for supplementary investigation specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 232

The victim of a crime may file a complaint.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 233

A statutory agent or spouse of the victim may file an independent complaint.
If a victim is dead, a complaint may be filed by spouse, lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member, provided that the complaint may not be contrary to the clearly expressed opinion of the victim in a case chargeable only upon complaint.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 234

A complaint may not be filed for the offense against morals specified in Article 230 of the Criminal Code except by one of the following persons:
(1) A lineal blood ascendant of the parties;
(2) A spouse or his lineal blood ascendant.
A complaint may not be filed for the offense against marriage and family specified in Article 239 of the Criminal Code except by a spouse.
A complaint may not be filed for the offense against marriage and family specified in section II of Article 240 of the Criminal Code except by a spouse.
A complaint may also be filed for the offense against personal liberty specified in Article 298 of the Criminal Code by an abducted person's lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member.
A complaint may be filed for the offense of libel and against credit specified in Article 312 of the Criminal Code by a spouse, lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member of a deceased person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 235

If a statutory agent of the victim or if the spouse, blood relative within the fourth degree of kinship, relative by marriage within the third degree of relationship, family head, or family member of such statutory agent is the accused, the victim's lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of relationship, family head, or family member may independently file a complaint.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 236

Where there is no person competent to file a complaint, or a person competent to file a complaint is incapacitated from exercising his right of complaint, in a case chargeable only upon complain, the competent public prosecutor may, at the request of an interested party or ex officio, designate a person for filing the complaint.
The provision of the proviso of section II of Article 233 shall apply mutatis mutandis to this Article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 236-1

A complaint may be filed by an authorized agent, provided that the public prosecutor or judicial police officer may order the complainant to be present, if necessary.
A power of attorney shall be presented to public prosecutor or judicial police officer for the authorization of agent to file complaint specified in the preceding section; it is also subject mutatis mutandis to the provisions of Article 28 and 32.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 236-2

The provisions of the preceding article and Article 271-1 shall not apply to the case of designation of a person for filing the complaint.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 237

In a case chargeable only upon complaint, the complaint must be filed within six months from the day a person entitled to complain was aware of the identity of the offender.
If one of several persons who may file a complaint delays beyond the prescribed period, such delay shall not affect another.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 238

In a case chargeable only upon complaint, the complaint may be withdrawn at any time before the conclusion of the argument in the trial of the first instance.
A complainant who withdraws a complaint shall not file it again.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 239

In a case chargeable only upon complaint, the filing or withdrawal of a complaint against one of several co-offenders has the same effect as a filing or withdrawal of the complaint against all such co-offenders, provided that if the offense is one specified in Article 239 of the Criminal Code, the withdrawal of a complaint against a spouse shall not be considered to be a withdrawal of a complaint against the other adulterer.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 240

Any person who knows that there is suspicion that an offense has been committed may report it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 241

A public official who, in the execution of his official duties, learns that there is suspicion that an offense has been committed must report it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 242

A complaint or report shall be made in writing or verbally to a public prosecutor or judicial police officer; if it is made verbally, records shall be taken. To facilitate verbal complaint or report, bells for effecting the same may be installed.
If a public prosecutor of judicial police officer in the course of an investigation discovers all or a part of the facts of an offense which may be charged only upon complaint but the complaint has not yet been field, he shall, when the victim or other person entitled to file the complaint appears to testify, interrogate such person whether to file the complaint and shall record the answer.
The provisions of sections II through IV of Article 41 and Article 43 shall apply mutatis mutandis to the records specified in the preceding two sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 243

In a case chargeable only upon request as specified in Articles 116 and 118 of the Criminal Code, the request made by a foreign government may be forwarded by the Minister of Foreign Affairs to the highest judicial administrative officer who shall inform the competent public prosecutor by an order.
The provisions of Articles 238 and 239 shall apply mutatis mutandis to a request by a foreign government.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 244

The provisions of Article 242 shall apply mutatis mutandis to voluntary surrender to a public prosecutor or judicial police officer.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 245

A prosecutorial investigation shall not be made public.
The defense attorney of an accused or suspect may present and state his opinions, when the prosecutor, prosecuting investigator, judicial police officer, or judicial police interrogates the accused or suspect. However, such presence may be restricted or prohibited, if there are sufficient facts to support the belief that the defense attorney's presence may jeopardize national security, or may destroy, fabricate, or alter evidence, or may collude with accomplices or witnesses, or may damage other people's reputation, or whose misconduct is sufficient to affect the order of the prosecutorial investigation.
The prosecutor, prosecuting investigator, judicial police officer, judicial police, defense attorney, agent ad litem, or other person performing his/her duty pursuant to the law during a prosecutorial investigation shall not disclose or reveal information acquired from the prosecutorial investigation to people beyond the necessary scope of performing statutory duties, except when it is necessary as required by law, or for the protection of the public interest, or for the protection of legitimate rights and interests of the interested parties.
Concerning the interrogation of the accused or suspect during a prosecutorial investigation, the defense attorney shall be notified in advance of the interrogation dates, times and locations.
However, these provisions do not apply when the situation is urgent.
The not-to-be-made public procedures, as referred to in the first paragraph, shall be determined by the Judicial Yuan and the Executive Yuan.

Article 246

An accused may be examined where he is found if he is unable to be present or if other necessity requires.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 247

A public prosecutor may request from a competent public office any report necessary to an investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 248

If an accused is present when a witness or expert witness is examined, he may personally ask questions; if the questions are improper, the public prosecutor may prohibit them.
If it is foreseen that a witness or expert witness cannot be examined at trial, the accused shall be ordered to be present unless such witness or expert witness cannot testify freely in his presence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 248-1

During the investigation stage, when a victim is examined or interviewed, his statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, family head, family member, physician, psychologist, counsellor, social worker or other person the victim trusts, with the consent of the victim, may be present and state their own opinions.
The provision in the preceding paragraph shall not apply where the person specified is the accused, or in the opinion of a public prosecutor, a public prosecutor investigator, a judicial police officer, or a judicial policeman, the presence of the person specified will pose hindrance to the prosecutorial investigation.

Article 248-2

During the investigation stage the public prosecutor may order the case to undergo mediation; alternatively, the public prosecutor may, upon petition of the accused or the victim, refer the case to an appropriate organization, institution or association to undergo a restorative justice program.
Where the victim is without legal capacity, of limited legal capacity, or is deceased, the petition for a restorative justice program referred to in the preceding paragraph may be made by the statutory agent, lineal blood relative, or spouse of the victim.

Article 248-3

During the investigation stage, the public prosecutor shall take due care to protect the privacy of the victim and his/her family members. While the victim is examined during the investigation, the public prosecutor may, upon the petition of the victim or on his/her own initiative, after taking into account the circumstances of the case and the physical and mental conditions of the victim, apply appropriate isolation facilities such as screens, to prevent the victim from being seen by the accused or a third party.
The provisions in the preceding two paragraphs shall apply mutatis mutandis to investigations conducted by a public prosecutor investigator, judicial police officer, or judicial policeman.

Article 249

If an emergency arises in the course of investigation, the person present or nearby may be ordered to give appropriate assistance; if necessary, a public prosecutor may also request a nearby military officer to send troops to assist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 250

If a public prosecutor knows that there is suspicion that an offense has been committed but the case is not within his jurisdiction, or if he finds that the case is not within his jurisdiction after having begun an investigation, he shall immediately notify or send the case to the competent public prosecutor, provided that if there is an emergency, he shall take necessary measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 251

If the evidence obtained by a public prosecutor in the course of investigation is sufficient to show that an accused is suspected of having committed an offense, a public prosecution shall be initiated.
A public prosecution shall be initiated notwithstanding that the location of the accused is unknown.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 252

If one of the following circumstances exists, a ruling not to prosecute shall be made:
(1) A final judgment has been rendered;
(2) The period of statute of limitation has already expired;
(3) There has already been an amnesty;
(4) A law enacted after the commission of an offense abolishes the punishment;
(5) The complaint or request in offenses chargeable only upon complaint or request has been withdrawn or the time within which a complaint may be filed has expired;
(6) The accused is dead;
(7) The court has no judicial power over the accused;
(8) The act is not punishable;
(9) The punishment is remitted under law;
(10) The suspicion of an offense having been committed is insufficient.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 253

If a prosecutor deems it appropriate not to prosecute a case, as described in provisions of any subparagraph of the first paragraph of Article 376, after taking into consideration the provisions of Article 57 of the Criminal Code, he may issue a disposition of dismissal.

Article 253-1

If an accused has committed an offense other than those punishable with death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years, the public prosecutor, after considering the matters specified in Article 57 of the Criminal Code and the maintenance and protection of public interest, deems that a deferred prosecution is appropriate, he may make a ruling to render a deferred prosecution by setting up a period not more than three years and not less than one year thereof, starting from the date the ruling of deferred prosecution is finalized.
The period of statue of limitation shall be discontinued during the period of deferred prosecution.
The provisions of section IV of Article 83 of the Criminal Code shall not apply to the reason for discontinuance specified in the preceding section.
The proviso of section I of Article 323 shall not apply during the period of deferred prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 253-2

In cases where a disposition of deferred prosecution is issued, the accused may be ordered by the prosecutor to comply with or perform following actions within a certain period of time:
1. Apologize to the victim.
2. Write a penitence letter.
3. Pay the victim an appropriate sum, as compensation for property or non- property damages.
4. Pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies.
5. Provide more than 40 hours and less than 240 hours of voluntary services to government agencies, government organizations, non-departmental public bodies, communities, or other institutions or groups that meet public interest objectives, as designated by the concerned prosecutors' office.
6. Complete addiction treatment, psychotherapy, psychological counseling or other appropriate intervention measures.
7. Comply with the orders as necessary for the protection of the victim's safety.
8. Comply with the orders as necessary for the prevention of recidivism.
The accused must provide consent before a public prosecutor can execute the order for the accused to comply with or perform the actions, as described in subparagraph 3 through subparagraph 6 of the preceding paragraph. The provisions of subparagraph 3 and subparagraph 4 may also be complied in the name of civil compulsory execution.
The circumstances, as referred to in the first paragraph, shall be noted in the written disposition of deferred prosecution.
The time frame, as referred to in the first paragraph, shall not extend beyond the period allowed for deferred prosecution.
The ratio of the sum, expenditure allocation, and supervision management, as described in paragraph 1 subparagraph 4, shall be determined by the Executive Yuan and the Judicial Yuan.

Article 253-3

A public prosecutor may, ex officio or based on the application of the complainant, set aside the ruling of deferred prosecution and continue the investigation or initiate a prosecution, if the defendant commits the following during the period set forth for deferred prosecution:
(1) Has intentionally committed an offense punishable with a minimum punishment of imprisonment during the period of deferred prosecution and a prosecution is initiated by a public prosecutor;
(2) Has committed other offense intentionally before deferred prosecution and was sentenced to a minimum of imprisonment punishment during the period of deferred prosecution;
(3) Has failed to comply with or perform the matters specified in the items of section I of Article 253-2.
In case a ruling of deferred prosecution is set aside by the public prosecutor, the accused may not request the refund of or compensation for the part that had already been performed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 254

If an accused commits several offenses for one of which a final judgment of severer sentence has been received, the public prosecutor may give a ruling not to prosecute if he considers that prosecution for another offense will not substantially affect the execution of sentence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 255

If a public prosecutor gives a ruling of not to prosecute, deferred prosecution, or to set aside a ruling of deferred prosecution in accordance with the provisions of Article 252, 253, 253-1, 253-3 and 254, or gives a ruling of not to prosecute for other legal reasons, he shall prepare a written ruling setting forth the reasons thereof, provided that if consent of the complainant or informer has obtained prior to making of the ruling, only important part thereof has to be noted in the same.
A true copy of the written ruling specified in the preceding section shall be served on the complainant, the informer, the accused, and the defense attorney; a written ruling of deferred prosecution shall be served on the victim, governmental agency, organization, or community authority related to acts to be complied with or performed as specified in the ruling.
The service specified in the preceding section shall be made not more than five days after the original copy of the ruling is received by the clerk.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 256

Within ten days after the receipt of a written ruling not to prosecute or a written ruling of deferred prosecution, a complainant may make a petition in writing for reconsideration of the ruling, setting forth the reasons for dissatisfaction, to the public prosecutor who handled the case. The public prosecutor shall transfer the petition to the chief prosecutor of the immediately superior Public Prosecutors Office, or to the Prosecutor General. In the situation where a ruling under Articles 253 and 253-1 was made with the consent of the complainant, the complainant may not make a petition for reconsideration.
Where a reconsideration of a ruling not to prosecute or of a ruling of deferred prosecution may be petitioned for, the true copy of the written ruling served upon the complainant shall state the period within which a petition for reconsideration may be made, and shall state the chief prosecutor of the immediately superior Public Prosecutors Office or the Prosecutor General, to whom the petition is to be submitted.
When a public prosecutor makes a ruling not to prosecute a case, due to lack of sufficient suspicion of offenses, where the offense is punishable with the death penalty, life imprisonment, or an imprisonment for not less than three years, or when a public prosecutor makes a ruling of deferred prosecution on a case specified in Article 253-1, if there is no person qualified for making a petition for reconsideration, the public prosecutor shall sua sponte transfer the ruling to the chief public prosecutor of the immediately superior Public Prosecutors Office, or the Prosecutor General, for reconsideration, and notify the informer.

Article 256-1

Within ten days after the receipt of written ruling of setting aside a ruling of deferred prosecution, an accused may make a petition in writing for reconsideration of the ruling, setting forth the reasons for dissatisfaction, to the public prosecutor who handled the case, who shall transfer the application to the chief prosecutor of the immediately superior Public Prosecutors Office, or to the Prosecutor General.
The provision of Paragraph 2 of the preceding article shall apply mutatis mutandis to the service to the accused of the ruling of setting aside the ruling of deferred prosecution.

Article 257

If the original public prosecutor considers that the application for reconsideration is well-grounded, he shall set aside his ruling and continue the investigation or initiate a prosecution except for the circumstances specified in the preceding section.
If the original public prosecutor considers that the application for reconsideration is groundless, he shall immediately send the file and exhibits of the case to the chief public prosecutor of the higher court or the public prosecutor general.
An application which is not filed within the time prescribed in the preceding two articles shall be dismissed.
If the chief public prosecutor of the original court considers it necessary, he may, before the case is forwarded in accordance with the provisions of section II, personally investigate or order another public prosecutor to investigate or review to determine whether the original ruling should be set aside or upheld; if the original ruling is upheld, the case shall immediately be forwarded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 258

If the chief public prosecutor of the higher court or the public prosecutor general considered that an application for reconsideration is groundless, he shall dismiss it; if he considers that the application is well-grounded, he shall set aside the original ruling under the circumstances specified in Article 256-1, or perform one of the following under the circumstance specified in Article 256:
If the investigation is incomplete, he may personally investigate or order another public prosecutor to investigate, or order the public prosecutor of the original court to continue it;
If the investigation has been completed, he shall order the public prosecutor of the original court to initiate a prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 258-1

If the complainant disagrees with the ruling of dismissal specified in the preceding article, he may, within ten days after receipt of written ruling of dismissal, retain an attorney to make an application in writing, to the concerned court in first instance, for setting the case for trial.
An attorney being retained as referred to in the preceding section may examine the file of the investigation and the evidence, and to make hand writing copy or photos, provided that it may be restricted or prohibited if the subject matter being examined involves other case that shall not be disclosed or shall be kept secret.
The provision of section I of Article 30 shall apply mutatis mutandis to the circumstances specified in the two preceding sections.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 258-2

The application for setting the case for trial may be withdrawn prior to the court ruling is made; the same can be done after the ruling setting the case for trial has been made but prior to the conclusion of argument at the trial of the first instance.
The clerk shall immediately notify the accused of the withdrawal of application for setting the case for trial.
The person who withdraws the application for setting case for trial may not re-apply the same.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 258-3

The ruling on the application for setting case for trial shall be determined by a panel of judges.
The court shall dismiss the application for setting case for trial if the application is considered to be illegal or groundless; the court shall make a ruling setting the case for trial if the application is considered to be well-grounded; a true copy of the ruling shall be served on the applicant, the prosecutor, and the accused.
The court may conduct necessary investigation before making a ruling specified in the preceding section.
A public prosecution is deemed to be initiated at that time a ruling for setting the case for trial is made.
An interlocutory appeal may be taken, from the ruling of setting case for trial, by the accused; the ruling of dismissal is not appealable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 258-4

The provisions of Section three, Chapter I, Part II shall apply to the procedure for setting case for trial, unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 259

If an accused who is detained receives a ruling not to prosecute or a ruling of deferred prosecution, the detention is considered to be cancelled, the public prosecutor shall release the accused and notify the court immediately.
If a ruling not to prosecute or a ruling of deferred prosecution is given, seized property shall be returned immediately unless otherwise provided by law or it is within the period of reconsideration, it is in the process of applying for reconsideration or applying for setting case for trial and necessity exists, or it is the property which should be confiscated or which is used in the investigation of another offense or another accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 259-1

For cases that have been issued for a disposition of dismissal or deferred prosecution pursuant to the provisions of Article 253, or Article 253-1, the prosecutor may make a separate request to the court to confiscate objects as described in Article 38 Paragraph 2, and Paragraph 3 of the Criminal Code, and the criminal gains as described in Article 38-1 Paragraph 1 and Paragraph 2 of the same Code.

Article 260

If a ruling not to prosecute has become final or if a ruling of deferred prosecution has not been set aside during the period set forth in the ruling, no prosecution of the same case shall be initiated except under one of the following conditions:
(1) New facts or evidence is discovered;
(2) Circumstances for retrial exist as specified in one of the Items 1, 2, 4, or 5 of section I of Article 420.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 261

If the question whether an act constitutes a crime or whether the punishment for an offense should be remitted depends upon a civil legal issue, the public prosecutor shall suspend the investigation before conclusion of the civil action.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 262

If the accused is unknown, the investigation shall not be concluded before it is ascertained whether the circumstances specified in Article 252 exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 263

The provisions of sections II and III of Article 255 shall apply mutatis mutandis to an indictment filed by a public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 2 - PROSECUTION

Article 264

A public prosecution shall be initiated by a public prosecutor by filing an indictment with a competent court.
An indictment shall include the following matters:
Full name, sex, age, native place, occupation, domicile, or residence of the accused and special identifying characteristics;
Facts of and evidence for the offense and article of the law violated.
When a prosecution is initiated, the record and exhibits shall be sent therewith to the court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 265

Prosecution for a related offense or malicious accusation related to the instant case may be added before conclusion of argument at the trial of the first instance.
An additional prosecution may be verbally initiated with the court on the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 266

A prosecution shall not affect a person other than the accused charged by the public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 267

If part of the facts of a crime is prosecuted by a public prosecutor, all such facts are considered to be included.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 268

A court shall not try a crime for which prosecution has not been initiated.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 269

A public prosecutor may withdraw prosecution before conclusion of the argument at the trial of the first instance if circumstances indicate that prosecution should not have been initiated or that it is appropriate not to prosecute.
Withdrawal of a prosecution shall be in writing stating the reasons therefor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 270

Withdrawal of a prosecution shall have the same effect as a ruling not to prosecute; written withdrawal of prosecution shall be considered to be a ruling not to prosecute and the provisions of Articles 255 through 260 shall apply mutatis mutandis.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Section 3 - TRIAL

Article 271

The court shall summon the accused or his agent and notify the public prosecutor, defense attorney, or assistant of the date of trial.
The court shall summon the victim or his family member and provide them with opportunities to state their opinions, unless these persons failed to be present after being legally summoned, without good reason, or has expressed their unwillingness to be present, or that the court considers it is not necessary or not appropriate to summon them.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 271-1

A complainant may appoint an agent to make statements during the trial stage, unless the court deems it necessary and orders the complainant to appear before the court in person.
The appointment of an agent as specified in the preceding paragraph shall be put into effect by submitting a power of attorney to the court, to which the provisions of Article 28, Article 32, and Paragraph 1 of Article 33 shall apply mutatis mutandis. Where the agent appointed is not a qualified attorney, the agent may not inspect, transcribe or take photographs of the case files and the evidence during the trial stage.

Article 271-2

During the trial stage the court shall take due care to protect the privacy of the victim and his/her family members.
Where the victim shall appear before the court in accordance with the provision of Paragraph 2, Article 271, the court may, upon the petition of the victim or on its own initiative, after taking into account the circumstances of the case and the physical and mental conditions of the victim, and after taking into account the opinions expressed by the parties and the defense attorney, apply appropriate isolation facilities such as screens, to prevent the victim from being seen by the accused or any attendee to the hearing.

Article 271-3

The victim’s statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, family head, family member, physician, psychologist, counsellor, social worker or other person the victim trusts, with the consent of the victim, may be present alongside the victim during the trial.
The provision in the preceding paragraph shall not apply to the accused where the accused would otherwise be one of the persons who may be so present.

Article 271-4

The court may order the case to undergo mediation any time before the conclusion of oral argument. Alternatively, the court may, upon petition of the accused or the victim and after taking into account the opinion expressed by the public prosecutor, the agent, the defense attorney and the assistant, refer the case to an appropriate organization, institution or association to undergo a restorative justice program.
Where the victim is without legal capacity, of limited legal capacity, or is deceased, the petition for a restorative justice program referred to in the preceding paragraph may be made by the statutory agent, lineal blood relative, or spouse of the victim.

Article 272

A summons for the first trial date shall be served at least seven days prior thereto, and for the cases specified in Article 61 of the Criminal Code, such summons shall be served at least five days prior to the first trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 273

The court may summon the accused or his agent and notify the public prosecutor, defense attorney, assistant to be present in preliminary proceeding before the first trial date to arrange the following matters:
(1) The effect of the prosecution and its scope and any circumstance that might change the article of law charged with as cited by the public prosecutor;
(2) Asking the accused, agent, or defense attorney whether to plead guilty to the crime charged by the public prosecutor, and determining whether to apply summary trial procedure or summary procedure;
(3) Main issues of the case and evidence;
(4) The opinion regarding the admissibility of the evidence;
(5) Informing the parties to motion for investigation of evidence;
(6) The scope, order and methods of investigation of evidence;
(7) Ordering the presentation of exhibits or evidential documents;
(8) Other trial related matters.
If the court determines, in accordance with the provisions of this code, that the evidence referred to in Item IV of the preceding section shall not be admitted, then, the said evidence shall not be presented at the trial date.
The provision of the preceding article shall apply mutatis mutandis to preliminary proceeding.
Records shall be taken by clerk regarding the matters being arranged in the proceeding as specified in section I of this article, then the persons at the hearing shall sign his name, affix his seal, or affix his fingerprint on the space next to the last line of the contents of the records.
The court may still make arrangements with those attending the preliminary procedure if the person, referred to in section I of this article, fails to appear in the hearing, after being summoned or notified, without good reasons.
If lack of required legal formality exists in initiation of prosecution or other litigation related acts but such defect can be cured, the court shall by a ruling order that the same be cured within the period granted.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 273-1

If the accused admits guilty on the fact charged, in the proceeding specified in section I of the preceding article, the presiding judge may inform him of the meaning of summary trial procedure and may, after considering the opinions of the party's, agent, defense attorney, and assistant, order that the case be proceeded under the provisions of summary trial procedure by a ruling, unless the accused has committed an offense punishable with death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years or that the court of appeal has jurisdiction of the first instance over the case.
The court may set aside the ruling specified in the preceding section and set the case for trial on regular procedure if the court considers that the said ruling is not permitted or not appropriate.
Trial procedure shall start anew under the circumstance specified in the preceding section, unless the parties do not object to the continuing of the current proceeding.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 273-2

The investigation of evidence in summary trial proceeding shall not be subject to the restrictions as specified in section I of Article 159, Article 161-2, Article 161-3, Article 163-1, and Articles 164 through 170.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 274

Before the trial date, the court may subpoena and obtain or order the production of an exhibit.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 275

Before the trial date, a party or defense attorney may present evidence and motion the court to take the measures specified in the preceding article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 276

If the court foresees that a witness is unable to be present on the trial date, it may examine him before such date.
The court may order an expert examination or a translation before the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 277

The court may conduct a search, seizure, or inspection prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 278

The court may request a competent public office to submit reports upon necessary matters prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 279

An associate judge may be commissioned to conduct preliminary procedure, prior to the trial date, to prepare for the trial of a case which should be tried by a panel of judges; he shall perform the duties specified in section I of Article 273, Article 274, and Articles 276 through 278.
In conducting preliminary proceeding the commission judge shall have the same authority as the court or presiding judge, except for the ruling specified in Article 121.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 280

On the trial dates, the judge, public prosecutor, and clerk shall be present in court.

Article 281

If an accused fails to appear in court on the trial date, the trial may not proceed unless otherwise specially provided.
If a case is one in which an agent may be authorized to appear for the accused before a court, such agent may appear in place of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 282

Restraint may not be placed on the person of an accused when he is in court, but he may be ordered to be guarded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 283

After an accused has appeared in court, he may not withdraw from the court except with permission of the presiding judge.
A presiding judge may take appropriate measures to order an accused to appear in court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 284

If no defense attorney appears in the cases specified in section I of Article 31, the trial may not proceed, provided that this rule shall not apply to the pronouncement of judgment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 284-1

Except for cases that require summary trial procedure, or summary procedure, or cases with offenses as described in Article 376 Paragraph 1 Subparagraph 1 and Subparagraph 2, the first instance trial shall be a collegial trial.

Article 285

On the trial date, a trial shall begin by announcing the offense charged.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 286

After the presiding judge has examined the accused in accordance with Article 94, the public prosecutor shall state the essential points of the prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 287

After the essential points of the prosecution have been stated by the public prosecutor, the presiding judge shall inform the accused of the matters specified in Article 95.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 287-1

If the court considers appropriate, the court may ex officio or upon the motion of the party or defense attorney order, by a ruling, that the co-defendant's procedure of investigation of evidence or procedure of the argument be conducted separately from or consolidated together with that of the defendant.
Under the circumstance specified in the preceding section, the co-defendant's procedure of investigation of evidence or procedure of the argument shall be conducted separately from that of the defendant if it is necessary for the protection of the right of the defendant in a case a conflict of interest exists between the defendant and the co-defendant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 287-2

If the court examines a co-defendant on a case that the defendant is being charged, the co-defendant shall be subject mutatis mutandis to the provision governing the examination of a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 288

Investigation of evidence shall begin after completion of proceeding specified in Article 287.
With regarding to the statement made by a person other than the accused which has been presented at the preliminary proceeding but not contested by the party, the court may choose to announce it or state the essential points, unless the court chooses otherwise if it considers necessary.
Except for the cases that apply the summary trial procedure, the presiding judge shall examine the accused regarding the facts being charged with at the end of the investigation of evidence proceeding.
The presiding judge's investigation of information regarding the sentencing shall be conducted after the examination in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 288-1

Following the investigation of each evidence, the presiding judge shall ask the party's opinion thereof.
The presiding judge shall inform the accused that he may present evidence favorable to him.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 288-2

Appropriate opportunities shall be given by the court to the parties, agent, defense attorney, or assistant to argue the probative value of the evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 288-3

The parties, agent, defense attorney, or assistant may object to the court regarding the investigation of evidence or in-court instruction by the presiding judge or commissioned judge if he disagrees with it; unless otherwise particularly provided.
The court shall make a ruling on the objection specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 289

When the examination of evidence completes, oral arguments on the law and facts shall be made in the following sequence:
(1) The public prosecutor;
(2) The accused;
(3) The defense attorney.
After oral arguments have been made in accordance with the preceding paragraph, the court shall order the above participants to argue over the sentencing range in the same sequence. Before the arguments over the sentencing range begin, the court shall provide the complainant, the victim, or the family members thereof who are present with opportunities to state their opinions regarding the sentencing range.
Where oral arguments have been made in accordance with the preceding two paragraphs, additional arguments may be made. The presiding judge may also order further oral arguments.

Article 290

The presiding judge shall, before announcing that the argument is concluded, ask the accused whether he has a final statement.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 291

The court may, if it is necessary after the argument is concluded, order further argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 292

The judges in attendance on the trial dates shall participate throughout the trial. Where there is a change in the participating judges, the proceedings shall begin anew. Where there is a change in the judges who participated the preliminary proceedings prior to the trial date, the proceedings do not need to begin anew.

Article 293

If a trial cannot be concluded in one session, it shall, except under special circumstances, be continued by successive daily hearings; if for any reason fifteen days intervene between hearings, the proceedings shall being anew.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 294

If an accused is insane, the trial shall be suspended until he recovers.
If an accused is unable to attend court because of sickness, the trial shall be suspended until he is able to appear in court.
In the case of the accused specified in one of the preceding two sections, if circumstances appear to warrant the pronouncement of a judgment of "Not Guilty" or of "Remission of Punishment," such judgment may be given without waiting for the appearance of the accused in court.
The provisions of the preceding three sections shall not apply to a case in which an agent may be authorized to appear for the accused before a court and such agent has been authorized.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 295

If the determination of one offense depends upon a determination of another offense and such other offense has already been charged, the trial may be suspended until judgment in the other offense becomes final.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 296

If an accused has committed another offense for which prosecution has already been initiated and for which a severe sentence shall be given, and if the court considers that punishment for the current offense will not seriously influence such sentence, trial of the current offense may be suspended until judgment in the other offense becomes final.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 297

If the question of the commission of an offense, or remission of punishment depends on a determination under civil law, and if the civil action has already been initiated, the criminal trial may be suspended until the civil proceedings have been concluded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 298

Upon extinction of the causes for suspension of a trial specified in sections I and II of Article 294 and Articles 295 to 297, the court shall continue the trial, and a party may also motion the court to continue the trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 299

If an offense committed by an accused is proved, judgment imposing a sentence shall be pronounced, provided that if punishment is to be remitted, a judgment remitting the punishment shall be pronounced.
Prior to a judgment remitting punishment specified in the preceding section pursuant to Article 61 of the Criminal Code, the court may, in consideration of the circumstances and by consent of the complainant or private prosecutor, also order the accused to do the following:
To apologize to the victim;
To make a written statement of repentance;
To pay to the victim an appropriate sum as consolation.
The matters specified in the preceding section shall be noted in the written judgment.
The matter specified in Item III of section II may also constitute a ground for civil compulsory execution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 300

In the judgment specified in the preceding Article, if the facts warrant, the charge brought by the public prosecutor may be changed to an appropriate article of the law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 301

If it cannot be proved that an accused has committed an offense or if his act is not punishable, a judgment of "Not Guilty" shall be pronounced.
If a person is excused from punishment because he has not reached the fourteenth year of his age or because of insanity and if it is considered necessary to pronounce a measure for rehabilitation, such measure and its duration shall also be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 302

Judgment of "Exempt from Prosecution" shall be pronounced if one of the following circumstances exists:
A final judgment has already been given;
The period of statute of limitation is completed;
There is already been an amnesty;
A law enacted after the commission of an offense abolishes the punishment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 303

Judgment of "Case Not Entertained" shall be pronounced if one of the following circumstances exists:
(1) Prosecution has been initiated contrary to the rules of procedure;
(2) Prosecution has again been initiated for a case in which public or private prosecution has already been initiated in the same court;
(3) In a prosecution which may be initiated only upon complaint or request, a complaint or request to prosecute has not been made or has been withdrawn or the period within which such complaint or request may be made has expired;
(4) A prosecution has been initiated contrary to the provisions of Article 260 after a ruling not to prosecute has been given, the prosecution has been withdrawn, or deferred prosecution has not been set aside;
(5) The accused is dead; or the entity being accused does not exist anymore;
(6) The court has no judicial power over the accused;
(7) According to the provisions of Article 8, the court cannot try the case.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 304

If the court has no jurisdiction over the case, a judgment of "Mistake in Jurisdiction" shall be pronounced and an order issued to transfer the case to a court having jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 305

If an accused refuses to make a statement, judgment may be given without waiting for his statement; the same rule shall apply if an accused leaves the court without permission.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 306

If a court considers that it should impose detention or a fine or pronounce a judgment of "Remission of Punishment" or "Not Guilty," and if an accused, without good reason, fails to appear in court after having been legally summoned, judgment may be given without waiting for his statement.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 307

The judgment specified in section IV of Article 161 and Articles 302 through 304 may be given without oral argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 308

A written judgment shall separately set forth a syllabus of the decision and reasons; a written judgment of "Guilty" shall set forth the facts.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 309

In a written guilty ruling, the crimes committed should be clearly stated in the main text, and the following items should be specified separately in accordance with the case scenario:
1. The pronouncement of the principal criminal sanction, additional criminal sanction, exemption of criminal sanction, or confiscation.
2. The pronouncement of a fixed-term imprisonment or short-term detention, and the conversion standards, if the imprisonment is convertible to a fine.
3. The pronouncement of a fine, and the conversion standards, if the fine is convertible to a labor service.
4. The pronouncement of penalty conversion to a reprimand, and its content.
5. The pronouncement of a probation and its duration.
6. The pronouncement of a rehabilitative measure, its measure and duration.

Article 310

In a written guilty ruling, the following items should be specified separately in the reason section in accordance with the case scenario:
1. The evidence on which the facts of the crime are determined and the reasons for their determination.
2. The evidence which is favorable to the defendant is not admitted into the trial, and the reason.
3. When deciding on criminal sanctions, the consideration taken while weighing in the conditions stated in provisions of Article 57 or Article 58 of the Criminal Code.
4. Reasons for aggravating, mitigating or exempting criminal sanctions.
5. Reasons for converting the criminal sanction to a reprimand or probation.
6. Reasons for pronouncing a confiscation penalty or rehabilitative measure.
7. The applicable law.

Article 310-1

In a case of a judgment of "Guilty" which is pronounced to be subject to a sentence of not more than six months imprisonment or detention commutable to a fine, a fine, or a remission of punishment, the written judgment may only contain the syllabus of the decision, the facts and evidence of the offense accompanied by reasons for such conclusion thereof, and articles of the law applicable.
For the judgment specified in the preceding section, the court may cite the facts of the offense set forth in the indictment if such facts are the same as those established by the court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 310-3

Except when confiscation is pronounced in a guilty ruling, a written judgment that contains a confiscation pronouncement should include the main text of the judgment and the facts and reasons that constitute the case for confiscation. The evidence on which the facts established in the fact-finding process are based, reasons for such determination, reasons why evidence favorable to the defendant is not admitted into the trial, and the applicable law shall be specified separately in the reason section, depending on the circumstances of the case.

Article 311

The judgment shall be announced within two weeks upon the conclusion of the oral arguments in cases heard by a single judge; within three weeks in cases heard by a panel of judges, except for complicated cases or cases involving special circumstances.

Article 312

Judgment shall be pronounced notwithstanding that an accused is not in court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 313

A judgment is not required to be pronounced by a judge who has participated in the trial of the case.

Article 314

When a judgment from which an appeal is allowed is pronounced, such pronouncement shall include the duration of the period within which the appeal may be made and the court to which the appeal petition should be submitted; a true copy of the judgment sent to the accused shall contain the same information.
A true copy of the judgment specified in the preceding section shall also be sent to the complainant and informer; such complainant may within the period for appeal state his opinion to the public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 315

If an offense specified in one of the chapters of the Criminal Code entitled "Offenses of Perjury and Malicious Accusation" or "Offenses of Libel and against Credit" is committed, and if the victim or other person with a right to file the complaint makes application, an order may be issued to require the whole or a part of the written judgment to be published in a newspaper at the expense of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 316

If an accused is under detention, such detention is considered to be cancelled on the pronouncement of a judgment of "Not Guilty," "Exempt from Prosecution," "Punishment Remitted," "Suspension of Sentence," "Fine," "Sentence Commuted to Warning," or "Case Not Entertained" as specified in Items 3 or 4 of Article 303, provided that during the period allowed for appeal or while an appeal is pending the accused may be released on bail, to the custody of another, or with a limitation on his residence; if he is unable to provide bail or if it is impossible for him to be released to the custody of another or with a limitation on his residence, an order may be issued requiring him to remain under detention if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 317

The seized property which has not been ordered to be confiscated shall be immediately returned, provided that during the period allowed for appeal or while an appeal is pending, the seizure may remain in force if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 318

The seized stolen property which should be returned to the victim in accordance with section I of Article 142 shall be returned immediately without waiting for his application.
A ruling for the return of property temporarily returned in accordance with section II of Article 142 shall be considered as already having been made unless there is a pronouncement to the contrary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

CHAPTER II PRIVATE PROSECUTION

Article 319

The victim of a crime may file a private prosecution, provided that where he is without, or of limited, legal capacity, or is dead, such private prosecution may be filed by his statutory agent, lineal relative, or spouse.
An attorney shall be retained to file a private prosecution under the preceding section.If a part of the facts of an offense has been prosecuted by a private prosecution, the remaining facts although may not be subject to a private prosecution is considered in the prosecution, but this may not be done if the remaining part, which may not be prosecuted by a private prosecutor, constitutes a more serious offense or its trial of the first instance is under the jurisdiction of the high court, or if the circumstances of Article 321 exist therein.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 320

A private prosecution shall be initiated by filing a petition with a court having jurisdiction.
A petition in a private prosecution shall contain the following matters:
(1) Full name, sex, age, domicile or residence of the accused, or special identifying characteristics;
(2) Facts and evidence of the offense and article of the law violated.
The facts of the offense specified in the preceding section shall set forth the specific facts that constitute the offense and the date, time, place and methods of committing the offense.
The copies of the petition in a private prosecution shall be filed according to the number of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 321

A private prosecution shall not be initiated against a lineal ascendant or spouse.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 322

In a case chargeable only upon complaint or request, a private prosecution may not be initiated if such complaint or request is no longer permitted.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 323

A private prosecution may no longer be initiated if a public prosecutor has already begun to investigate the same case in accordance with the provision of Article 228, provided that in a case chargeable only upon complaint, and if the immediate victim of the offense initiates the private prosecution, this rule shall not apply.
If a public prosecutor knows after the beginning of his investigation that a private prosecution has been initiated already or that the circumstance specified in the proviso of the preceding section exists, he shall immediately stop such investigation and refer the case to the court, provided that if urgent circumstances exist, the public prosecutor shall still take necessary measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 324

Another complaint shall not be filed nor a request made under Article 243 in the same case in which a private prosecution has already been initiated.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 325

In a case chargeable only upon complaint or request, a private prosecutor may withdraw the private prosecution prior to the conclusion of the argument in the trial of the first instance.
A private prosecution shall be withdrawn in writing, but it may be withdrawn verbally on the trial date or during an examination.
The clerk shall immediately notify the accused of the fact that the private prosecution has been withdrawn.
A person who has withdrawn a private prosecution shall not file another private prosecution, complaint, or request.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 326

The court or commissioned judge may examine the private prosecutor and the accused before the first trial date and may collect or investigate the evidence; if the court or commissioned judge determines that this is a case for civil action or that the private prosecution procedure is being used to threaten the accused, the private prosecutor may be advised to withdraw the private prosecution.
The examination specified in the preceding section shall be held in camera; unless necessary, the accused shall not be called for examination.
If, as a result of the examination and investigation specified in section I, it is determined that the case contains the circumstances of one of the Articles 252 through 254, the private prosecution may be dismissed by a ruling and the provisions of Items I through IV of section I, sections II and III of Article 253-2 shall be applied mutatis mutandis.
After a ruling to dismiss a private prosecution has been final, another private prosecution may not be initiated for the same case unless one of the Items of Article 260 exists.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 327

Ordering the agent of a private prosecutor to be present shall be in the form of a written notice; if it is necessary to order the private prosecutor to be present he shall be summoned by a summons.
The provisions of Articles 71, 72 and 73 shall apply mutatis mutandis to the summoning of a private prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 328

The court shall, upon receipt of a petition in a private prosecution, immediately send a copy thereof to the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 329

Any procedural act which may be performed by a public prosecutor on the trial date can be performed by the agent of a private prosecutor in the proceedings of a private prosecution.
If a private prosecutor has not retained an agent, the court shall order him, by a ruling, to retain an agent within a prescribed period; if no agent has been retained within the said period, a judgment of "Case Not Entertained" shall be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 330

The court shall notify the public prosecutor of the trial date of a private prosecution.
A public prosecutor may appear in court and express his opinion on the trial date of a private prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 331

In case the agent of a private prosecutor fails to appear in court without good reasons after having been legally notified, the court shall re-notify him and notify the private prosecutor of the same. If the agent of a private prosecutor fails to appear in court again, without good reason, then a judgment of "Case Not Entertained" shall be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 332

Where a private prosecutor loses his legal capacity or dies prior to the conclusion of the argument, one of the persons capable of initiating the private prosecution as specified in section I of Article 319 may apply to the court within one month for undertaking the litigation. Where there is no such person to undertake the litigation or such person fails to do so within the prescribed period, the court shall, depending on the circumstances, immediately give a judgment on the case or notify the public prosecutor to take over the litigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 333

Where establishment of a crime or remission of punishment therefor is to be determined by certain civil legal issues and no civil action has been brought, the court shall suspend trial of the case and order the private prosecutor to bring a civil action within a prescribed period and, failing to do so within the said period, shall dismiss the private prosecution by a ruling.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 334

A judgment of "Case Not Entertained" shall be pronounced for a private prosecution which should not have been initiated.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 335

If a judgment of "Mistake in Jurisdiction" is pronounced, it shall not be necessary to refer the case to a competent court unless application therefor is made by the private prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 336

The written judgment in a private prosecution shall also be sent to the competent public prosecutor.
If a public prosecutor considers, after receipt of a written judgment of "Case Not Entertained" or "Mistake in Jurisdiction," that a public prosecution should be initiated, he shall immediately begin or continue an investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 337

The provisions of section I of Article 314 shall apply mutatis mutandis to a private prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 338

If a victim who has initiated a private prosecution commits an offense and the victim in such offense is the accused in the private prosecution, such accused may institute a counter-action before the conclusion of the argument in the trial of the first instance.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 339

The provisions relating to a private prosecution shall apply mutatis mutandis to a counter-action.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 340

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 341

Judgment in a counter-action shall be given at the time of giving the judgment in a private prosecution, provided that in case of necessity, it may be given after judgment in a private prosecution had been given.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 342

Withdrawal of a private prosecution shall not affect a counter-action.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Article 343

The provisions of Articles 246, 249, and Sections 2 and 3 of the preceding Chapter relating to a public prosecution shall apply mutatis mutandis to the procedures of a private prosecution except as otherwise specially provided in this Chapter.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Part III Appeals

Chapter 1 General Provisions

Article 344

A party who disagrees with the judgment of a lower court may appeal to the appellate court.
Where a private prosecutor loses his legal capacity or is deceased prior to the conclusion of the argument, an appeal may be filed by a person who may file a private prosecution in accordance with Paragraph 1 of Article 319.
Where a complainant or a victim disagrees with the judgment of a lower court, he/she may state the reasons and request the public prosecutor to file an appeal.
A prosecutor may file an appeal for the interests of the defendant.
In a case where the death penalty is imposed, the original trial court shall sua sponte transfer the case to the appellate court, no matter whether an appeal is filed or not. The parties shall be informed of the transfer of the case.
Under the circumstance specified in the preceding paragraph, it is deemed that a defendant has filed an appeal.

Article 345

(Right to Appeal (II) – Independent Appeal)
Parents or spouse of a defendant may appeal independently for interests of the defendant.

Article 346

(Right to Appeal (III) – Representative Appeal)
An agent or defense attorney in the original trial may appeal for interests of the defendant; provided that it may not be contrary to defendant’s express will.

Article 347

(Right to Appeal (IV) – Prosecutor in Private Prosecutions)
A prosecutor may appeal independently for judgments in private prosecutions.

Article 348

(Scope of Appeal)
The appeal may be brought against part of the judgment; if fails to specify the part appealed, it is considered as an appeal in whole.
Relevant parts of the partial judgment appealed are considered as appealed.

Article 349

An appeal shall be filed within 20 days from the day on which the judgment is served. The preceding provision does not affect an appeal filed after the judgment is pronounced but before its service, which shall be valid.

Article 350

(Appeal Process)
Appeals shall be brought to the original trial court with a written petition.
Copies of the written appeal shall be made in accordance with the number of opposing party.

Article 351

(Appeals by Defendants in a Prison or Detention Center)
Where a defendant in a prison or detention center submits a written appeal to the officer in charge of such prison or detention center during the period for appeal, it is deemed to have appealed within the period for appeal.
Where a defendant could not prepare a written appeal, officers in the prison or detention center shall prepare such written appeal for the defendant.
Once the officer in charge of the prison or detention center receives a written appeal, he/she shall specify the time, date, month, and year of such reception and deliver it to the original trial court.
Where a defendant’s written appeal is not filed to the officer of a prison or detention center, the clerk of the original trial court shall notify such officer after receiving the written appeal.

Article 352

(Service of Copies of the Written Petition)
A clerk of the original trial court shall serve copies of the written petition promptly to the opposing party.

Article 353

(Waiver of the Right to Appeal)
A party may waiver his/her right to appeal.

Article 354

(Appeal Withdrawal)
Appeals may be withdrawn before the judgment is made; the same rule shall apply to cases remanded to the original trial court by the court of third instance or cases remanded to other courts of the same level as the original trial court.

Article 355

(Restrictions to Appeal Withdrawal (I) – Defendant’s Consent)
An appeal for interests of the defendant may not be withdrawn without consent of the defendant.

Article 356

(Restrictions to Appeal Withdrawal (II) – Prosecutor’s Consent)
An appeal made by a private prosecutor may not be withdrawn without consent of the prosecutor.

Article 357

(Jurisdiction for Appeal Waiver or Withdrawal)
A waiver of appeal rights shall be filed to the original trial court.
An appeal withdrawal shall be filed to the appellate court; provided that it could be filed to the original trial court before dossier of the case are handed over to the appellate court.

Article 358

(Process for Appeal Waiver or Withdrawal)
An appeal waiver or withdrawal shall be made in writing, provided that it may be verbally initiated in the presence of the court on the trial date.
Article 351 shall apply mutatis mutandis where a defendant waivers the right to appeal or withdraws the appeal.

Article 359

(Effect of an Appeal Waiver or Withdrawal)
Those who waiver or withdraw an appeal lose the right to appeal.

Article 360

(Notice for Appeal Waiver or Withdrawal)
A clerk shall notify the opposing party promptly in case of an appeal waiver or withdrawal.

Chapter II The Second Instance

Article 361

(Jurisdiction for Appeal in the Second Instance)
A person who disagrees with a judgment of first instance made by a district court shall file an appeal to the court of appeal with jurisdiction of the second instance.
A written petition of appeal shall set forth specific ground of reasons.
A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the original trial court within 20 days since the appeal period lapses. The original trail court shall set a period for those who fail to submit written ground of reasons in the specified period to correct the defect.

Article 362

(Original Trial Court’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)
The original trial court shall, by a ruling, immediately overrule an appeal if it does not comply with legal formality, or if it shall not be granted as a matter of law, or if the right to appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.

Article 363

(Transfer of Files, Exhibits and Defendant in a Prison or Detention Center)
Except for situations listed in the preceding article, the original trial court shall promptly transfer of dossier and exhibits to the court of second instance.
Where a defendant is in a detention center or prison other than the location of court of second instance, the original trial court shall send such defendant to a detention center or prison where the court of second instance is located and notify such court.

Article 364

(Apply Mutatis Mutandis Procedure of First Instance)
Unless otherwise provided in this Chapter, the trial of second instance shall apply mutatis mutandis the procedure of first instance.

Article 365

(Appellant States the Appeal Purport)
After a presiding judge questions a defendant pursuant to Article 94, the judge shall order the appellant to state the purport of appeal.

Article 366

(Scope of Investigation in the Second Instance)
The court of second instance shall investigate the parts of original judgment which have been appealed.

Article 367

(Court of Second Instance’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)
The court of second instance shall overrule by a ruling if the written appeal fails to set forth ground of reasons or if an appeal has situations listed in the former part of Article 362; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.

Article 368

(Judgment for a Meritless Appeal)
The court of second instance shall overrule an appeal by ruling if it finds such appeal meritless.

Article 369

(Revoke the Original Judgment – Adjudicate or Remand the Case)
The court of second instance shall reverse the relevant portion of the original judgment and adjudicate the case upon finding the appeal meritorious or upon finding an appeal meritless but the original judgment is improper or illegal; provided that where the original judgment is set aside become of the trial court’s improper ruling on jurisdiction, exempt from prosecution, or case dismissed.
Where the court of second instance reverses the original judgment for the latter wrongfully pronounced mistake in jurisdiction, if the court of second instance has jurisdiction over the first instance, it shall render a judgment of first instance.

Article 370

The second instance court shall not pronounce a criminal sanction greater than the original judgment on a case appealed by the defendant or appealed on behalf of the defendant. However, the provisions do not apply to cases where original judgment is revoked due to erroneous application of the law.
The term criminal sanction, as mentioned in the preceding paragraph refers to the criminal sanction that should be executed, as set in a pronounced sentence, and a combined sentence for multiple offenses.
The provisions of paragraph 1 shall apply mutatis mutandis to cases where a separate judgment is ruled for a sentence that should be executed, due to a revocation of the judgment of a combined sentence for multiple offenses in the first instance or the second instance, after an appeal.

Article 371

(Single Party Judgment (VI))
Where a defendant default without due reasons after having been legally summoned, a judgment may be made without his/her statement.

Article 372

(Exceptions to Oral Hearing (II))
For an appeal against a judgment under Article 367 or a judgment of mistake in jurisdiction, exempt from prosecution, or case dismissed rendered by the original trial court, the court of second instance may deny an appeal that is meritless or remand a meritorious case without oral argument.

Article 373

(Quote from the Judgment of First Instance)
A judgment of second instance may quote facts, evidence and reasons set forth in the judgment of first instance, and the reasons shall be supplemented recorded for material items that have not been specified in the first instance, or for evidence or defense favorable to the defendant which has been proposed in the second instance but was not adopted.

Article 374

(Formality of a Judgment Appealable)
Where a defendant or private prosecutor may appeal against the judgment of second instance, the period for submitting the reasons for appeal in writing shall be set forth in the original judgment served.

Chapter III The Third Instance

Article 375

(Jurisdiction of the Appeal in the Third Instance)
A person who disagrees with a judgment of first instance or second instance made by a Court of appeal shall file an appeal to the Supreme Court.
The procedure of third instance shall apply where the trial of Supreme Court disagrees with the first instance judgment of a Court of appeal.

Article 376

Criminal cases of following offenses shall not be appealed to the third instance court after the second instance judgment is issued. However, the defendant, or the person making an appeal on behalf of the defendant, may file for an appeal on cases where the judgment of the first instance court was not-guilty, exempt-from-prosecution, dismissal-from-prosecution, or jurisdictional error, and is revoked by the second instance court and a guilty ruling is pronounced:
1. Offenses that carry a maximum criminal sanction of less-than-three-years imprisonment, detention, or fine only.
2. Offenses of Larceny as described in Article 320, or Article 321 of the Criminal Code.
3. Offenses of embezzlement as described in Article 335, or Article 336 Paragraph 2 of the Criminal Code.
4. Offenses of fraud as described in Article 339, or Article 341 of the Criminal Code.
5. Offenses of Breach of Trust as described in Article 342 of the Criminal Code.
6. Offenses of extortion as described in Article 346 of the Criminal Code.
7. Offenses of Receiving Stolen Property as described in Article 349 Paragraph 1 of the Criminal Code.
A case which was appealed in accordance with the provisions of the provisos of the preceding paragraph, shall not be appealed to the third instance court after a revocation judgment is ruled by the third instance court and the case is remanded to the first instance court for further proceedings.

Article 377

(Reasons for Appeal in the Third Instance (I) – Judgment in Contravention of Laws and Regulations)
Appeals to the court of third instance may only be filed where the judgment is in contravention of the laws and regulations.

Article 378

(Meaning of in Contravention of Laws and Regulations)
A judgment which fails to apply rules or applies rules improperly is in contravention of the laws and regulations.

Article 379

(Judgment Automatically in Contravention of the Laws and Regulations)
A judgment shall be on its face under the following circumstances:
1. Where the court is not organized in conformity with the laws;
2. Where a judge who should have disqualified himself/herself by operation of law or by decision has participated in making the decision;
3. Where the in camara trial is not pursuant to laws;
4. Where the court made an improper judgment on jurisdiction;
5. Where the court improperly hears or dismisses a case;
6. The trial took place on the date of hearing in the absence of the accused;
7. The trial took place in the absence of the advocate;
8. The trial took place without statement of the prosecutor or a private prosecutor in court;
9. Where the trial shall be suspended or start anew but is not suspended or started anew;
10. Where evidence to be investigated at the trial date is not investigated;
11. Where a defendant is not given opportunity to make his final statement;
12. Unless otherwise specified in the Code, where requested items are not adjudicated or where items not requested are adjudicated;
13. Where a non-participated judge is not involved in the making of the judgment;
14. Where no reasons are specified in the judgment or where ground of reasons specified are contradicting.

Article 380

(Restrictions to Appeals to the Third Instance – Reasons for Appeal)
Besides situations specified in the preceding article, litigation process in contravention of the laws or regulations but obviously has no effects on the judgment may not be a reason for appeal.

Article 381

(Reasons for Appeals to the Third Instance (II) – Punishment Amended, Abolished, or Remitted)
The abolishment, amendment, or remittance of punishments after the original judgment may be a reason for appeal.

Article 382

Reasons for appeal shall be set forth in a written pleading of appeal. Where reasons are not set forth in a written pleading of appeal, they may be set forth in a supplementary pleading and be submitted to the court which made the original judgment within 20 days after the appeal is filed. Where a supplementary pleading is not filed, the court does not need to order its submission.
Paragraph 2 of Article 350, Article 351 and Article 352 shall apply mutatis mutandis to the submission of a written pleading specified in the preceding paragraph.

Article 383

(Written Defense)
The opposing party may submit a written defense to the original trial court within 10 days since receiving the written appeal or the service of amended supplementary reasons in writing.
Where a prosecutor is the opposing party, he/she shall submit a written defense regarding the supplementary reasons for appeal.
Copies of the written defense shall be submitted; the clerk of original trial court shall serve those to the appellant.

Article 384

(Original Trial Court’s Disposition against Illegal Appeals – Overrule by Ruling or Order Amendment)
The court shall overrule an appeal by ruling if it does not comply with legal formality, or it shall not be granted as a matter of law, or the right to appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.

Article 385

(Send the Case File and Exhibits to the Third Instance)
Except for situations listed in the preceding article, the original trial court shall promptly transmit the case dossier and exhibits to the prosecutor in court of third instance after receiving the written defense or the period for submitting a written defense has lapsed.
Once receives the case dossier and exhibits, the prosecutor in the court of third instance shall transmit the case dossier and exhibits along with an opinion in writing to the court of third instance in 7 days; provided that an opinion in writing may be omitted where the prosecutor has no other opinion regarding the written appeal or defense in writing sent by the prosecutor in the original trial court.
The original trial court shall transmit the case dossier and exhibits to the court of third instance where no prosecutor is a party in the appeal.

Article 386

(Submitting Documents in Writing)
Before the court of third instance adjudicates the case, an appellant and opposing party may submit the reasons for appeal in writing, written defense, opinion, and amended supplementary reasons in writing to the court of third instance.
Copies of the document mentioned in the preceding paragraph shall be served to the opposing party by the clerk of court of third instance.

Article 387

(Apply mutatis mutandis Trial Procedure in the First Instance)
Except otherwise stipulated in this Chapter, a trial in the third instance shall apply mutatis mutandis trial procedure in the first instance.

Article 388

(Exemption to the Mandatory Defense)
Article 31 does not apply to a trail of third instance.

Article 389

(Exceptions to Oral Hearing (III))
The court of third instance may be trial without oral argument; provided that the court may order arguments if necessary.
The argument prescribed in the preceding paragraph may only be conducted by an agent or defense attorney who is a lawyer.

Article 390

The court of third instance may appoint one associate judge to be the commissioned judge, in order to summarize main points of the appeal and defense into a report.

Article 391

On the trial date, the commissioned judge shall read aloud the report before the commencement of oral argument.
A public prosecutor, agent, or defense attorney shall summarize the main points of the appeal before the oral argument starts.

Article 392

(One-Party Argument and No Argument)
On the trial date, if no agent or defense attorney of the defendant or private prosecutor appears, the judgment shall be pronounced after the prosecutor of the agent or defense attorney of opposing party makes a statement. If both the defendant and private prosecutor have not present or defense attorney appeared in court, the judgment may be pronounced without argument.

Article 393

(Scope of Investigation in the Third Instance (I) – Ground of Reasons for Appeal)
Investigations by the court of third instance shall be limited to items listed in the reason of appeal; provided that such court may ex officio investigate evidence for the following items:
1. Situations listed in subparagraphs of Article 379 exist;
2. Whether causes for the exemption from prosecution exist;
3. The adequacy of law applications on established facts;
4. The punishment was abolished, amended, or remitted after the original judgment;
5. The defendant is pardoned or died after the original judgment.

Article 394

The court of third instance shall base its judgment on facts established in the judgment of second instance court, except for matters regarding litigation proceedings or matters the court may sua sponte investigate, on which the court of third instance may investigate the facts.
The investigation in the preceding paragraph may be conducted by a commissioned judge and the court of third instance may request judges of other courts to investigate.
Where the results of investigation conducted in accordance with the preceding two paragraphs show violations in the procedures of prosecution, the court of third instance may order the defects to be corrected. Where the court that made the original judgment initially had no jurisdiction but subsequently acquired jurisdiction pursuant to laws or regulations amended after the original judgment was made, the said court shall not be deemed not to have jurisdiction.

Article 395

(Judgment for Illegal Appeals – Overrule by Ruling)
The court of third instance shall overrule an appeal by ruling if circumstances of Article 384 exist therein; the same rule applies where the reason for appeal in writing is not submitted within the period specified in Paragraph 1 of Article 382 and before the court of third instance adjudicates the case.

Article 396

(Judgment for Meritless Appeals – Overrule by Ruling)
The court of third instance shall overrule an appeal by ruling if it finds such an appeal meritless.
The court may also pronounce a suspension of sentence under circumstance in the preceding paragraph.

Article 397

(Judgments for Meritorious Appeals – Reverse the Original Judgment)
The court of third instance shall reverse the relevant portion of the original judgment upon finding the appeal meritorious.

Article 398

(Reverse the Original Judgment (I) - Adjudication)
Where an original judgment is reversed pursuant to the following circumstances, the court of third instance shall adjudicate the case; provided that this rule does not apply to judgments to be made pursuant to the latter two articles:
1. Where in contravention of laws or regulations does not affect the finding of facts and can be the basis of judgment;
2. Where an exempt from prosecution or case dismissed shall be pronounced;
3. Where a circumstance under Subparagraph 4 or 5 of Article 393 exists.

Article 399

(Reverse the Original Judgment (II) – Remand)
The court of third instance shall reverse and remand a case to the original trial court because such judgment were improperly decided based on “mistake in jurisdiction”, “exempt from prosecution” or “case dismissed”; provided that such a case can be remand to the court of first instance if necessary.

Article 400

(Reverse the Original Judgment (III) –Trial Delivery)
The court of third instance shall remand the case to the competent court of second instance or court of first instance if the court of third instance reverse a judgment of original court because such judgment were improperly did not pronounce “exempt from prosecution”; provided that for cases listed in Article 4, once the original trial court with jurisdiction makes a judgment of second instance, it shall not be considered a mistake in jurisdiction.

Article 401

(Reverse the Original Judgment (IV) – Remand or Trial Delivery)
Where the court of third instance reverses the original judgment for reasons other than situations listed in the preceding three articles, it shall remand the case to the original court or other court of the same level by ruling.

Article 402

(Reverse the Original Judgment for Interests of the Defendant)
Where an original judgment is reversed for interests of the defendant, if the reasons for reversal also apply to co-defendants, the benefits shall apply to other co-defendants.

Part IV Interlocutory Appeal

Article 403

(Right to Interlocutory Appeal and Competent Court)
A party may file an interlocutory appeal to the direct appellate court if he/she disagrees with the court ruling, unless otherwise provided.
A witness, expert witness, interpreter, or other non-party under the ruling may also file an interlocutory appeal.

Article 404

The ruling relating to jurisdiction or litigation proceedings prior to the judgment is rendered shall not be appealed, except for the following rulings:
1. Where there are specific provisions permitting appeals.
2. The rulings regarding detention, release on bail, release to retrained of another, restriction on domicile or residence, restriction on exit from border, restriction on exit from island, search, seizure or return of seized property, sale, cash bond, physical examination, communication surveillance, or sending the defendant into a hospital or other institutions for expert examination, and the prohibition or seizure in accordance with the provisions of Paragraph 3 and Paragraph 4 of Article 105.
3. The ruling imposing the restriction on the interview or mutual correspondences between the defense attorney and the defendant.
Even the ruling as described in Subparagraph 2 and Subparagraph 3 of the preceding paragraph has been completed with the enforcement, the person receiving the ruling may still appeal against it, and the court shall not dismiss such an appeal on the grounds of no substantial interest due to the completion of the enforcement.

Article 405

(Restriction to Interlocutory Appeals (II))
No interlocutory appeals shall be filed against a decision made by the court of second instance regarding a case which is not appealable to the court of third instance.

Article 406

(Period for Interlocutory Appeals)
Unless otherwise provided, the period for interlocutory appeals is 5 days start from the service of ruling; provided that once the ruling is pronounced, an interlocutory appeal after the pronouncement and before the service is also effective.

Article 407

(Process of Interlocutory Appeal)
To file an interlocutory appeal, an interlocutory appeal in writing shall be submitted to the original trial court with ground of reasons for the interlocutory appeal specified.

Article 408

(Original Trial Court’s Disposition against Interlocutory Appeals)
The court shall overrule an interlocutory appeal by a ruling if it does not comply with legal formality, or it shall not be granted as a matter of law, or the right to interlocutory appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The original trial court shall reverse the ruling upon finding the interlocutory appeal meritorious; the original trial court shall transmit the interlocutory appeal in writing along with its opinions to the court of interlocutory appeal within 3 days since receiving the interlocutory appeal upon finding the interlocutory appeal meritless in whole or in part.

Article 409

(Effects of an Interlocutory Appeal)
An interlocutory appeal does not suspend the execution of judgment; provided that the original court may suspend the execution by ruling before the court of interlocutory appeal rules.
The court of interlocutory appeal may suspend the execution of judgment by ruling.

Article 410

(Case File & Exhibits Transfer and the Ruling Period)
The original trial court shall hand over case dossier and exhibits to the court of interlocutory appeal if necessary.
The court of interlocutory appeal may request the original trial court to send case file and exhibits if necessary.
The court of interlocutory appeal shall make a ruling within 10 days since receiving case file and exhibits.

Article 411

(Measures against Illegal Interlocutory Appeals by Court of Interlocutory Appeal)
The court of interlocutory appeal shall overrule an interlocutory appeal by ruling if it satisfies the former part of Paragraph 1 of Article 408; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.

Article 412

(Ruling for Meritless Interlocutory Appeals)
The court of interlocutory appeal shall overrule by ruling upon finding an interlocutory appeal meritless.

Article 413

(Ruling for Meritorious Interlocutory Appeals)
The court of interlocutory appeal shall reverse the original ruling by ruling upon finding it meritorious; such court may make its own ruling.

Article 414

(Ruling Notification)
The original trial court shall be notified the ruling by the court of interlocutory appeal promptly.

Article 415

(Re-appeals against Rulings)
No interlocutory appeals shall be filed against rulings by the court of interlocutory appeal; provided that a second interlocutory appeal may be filed against the following rulings on interlocutory appeals:
1. An interlocutory appeal against the ruling to dismiss the appeal;
2. An interlocutory appeal against a ruling on the motion for restoration of original condition due to overdue appeals;
3. An interlocutory appeal against a ruling on the motion for retrial;
4. An interlocutory appeal against motion for the change of sentence pursuant to Article 477;
5. An interlocutory appeal against ruling on the motion for discrepancy or objection pursuant to Article 486;
6. Interlocutory appeals filed by witness, expert witness, interpreter, and other non-parties.
The proviso of preceding paragraph does not apply to rulings which do not subject to interlocutory appeals pursuant to Article 405.

Article 416

A subject of a disposition, who objects to the following disposition made by a presiding judge, commissioned judge, assigned judge, or prosecutor, may petition the concerned court to withdraw or change the disposition. The subject of a disposition may still file the petition after the enforcement of the disposition is completed, and the court shall not dismiss it on the grounds of no substantial interest due to the completion of the enforcement:
1.A disposition regarding detention, release on bail, release to restrained of another, restriction on domicile or residence, restriction on exit from border, restriction on exit from island, search, seizure or the return of seized property, sale, cash bond, sending the defendant into a hospital or other institutions for expert examination, physical examination, communication surveillance, and the disposition of prohibition or seizure in accordance with the provisions of Paragraph 3 and Paragraph 4 of Article 105.
2.A pecuniary disposition imposed on a witness, an appraiser, or an interpreter.
3.A disposition imposing the restriction on the interview or mutual correspondences between the defender and the defendant.
4.A disposition of designation pursuant to Paragraph 3 of Article 34.
5.If the search or seizure, as described in the preceding paragraph, is revoked, the court may declare that, the seized items shall not be used as evidence during the trial.
The peremptory period for filing a petition as described in Paragraph 1 shall be five days, starting from the day that the disposition is rendered; in the case of delivering the disposition, upon the delivery of the disposition.
The provisions of Articles 409 through 414 shall apply mutatis mutandis to this Article.
The provisions of Paragraph 1 of Article 21 shall apply mutatis mutandis to petitions for withdrawal of or changes to a ruling made by an assigned judge.

Article 417

(Motion for Constructive Interlocutory Appeals)
The motion in the preceding article shall be filed to the said court with ground of reasons for disagreement in writing.

Article 418

(Remedies to Constructive Interlocutory Appeal, Mistaken Interlocutory Appeal, or Motion for Constructive Interlocutory Appeal)
One may not file an interlocutory appeal against court rulings for motions pursuant to Article 416; provided that an interlocutory appeal may be filed against motion to revoke fines.
Where an interlocutory appeal may be filed pursuant to this Part but a motion to set aside or change is mistakenly filed instead, it is deemed to have filed an interlocutory appeal; where a motion to set aside or change may be filed but an interlocutory appeal is mistakenly filed instead, it is deemed to have filed a motion.

Article 419

(Interlocutory Appeals apply mutatis mutandis Rules regarding Appeals)
Except otherwise stipulated in this Chapter, interlocutory appeals shall apply mutatis mutandis Chapter I of Part III regarding Appeals.

Part V Retrial

Article 420

If any one of the following circumstances arises after a guilty ruling is finalized, a motion for retrial may be filed for the benefit of the person convicted:
1. The evidence on which the original judgment was based has been proven to be falsified or fabricated.
2. The testimony, appraisal or interpretation on which the original judgment was based, has been proven to be false.
3. The person convicted of a guilty ruling was found to be falsely accused.
4. The judgment made by a general court or a special court, on which the original judgment was based, has been changed and the changed judgment is final.
5. The judge who participated in the original judgment, or prior judgment, or investigation before the judgment, or the prosecutor who participated in the investigation or the prosecution, or the prosecuting investigator, judicial police officer, or the judicial police who participated in the criminal investigation, has been found to have committed job-related offenses in relation to the case, or has been disciplined due to illegal malfeasance in regards to the case that was significant enough to affect the original judgment.
6. Due to a discovery of new facts or new evidence that is sufficient, either by itself or when combined with previous evidence, it is determined that the convicted person should be acquitted, exempt-from-prosecution, remitted the criminal sanction, or sentenced in line with an offense less serious than the one of the original judgment.
A motion for retrial can be filed for cases having new proof, as described in subparagraph 1 through subparagraph 3 and subparagraph 5 of the preceding paragraph, and the cases are limited to where the judgment is final and binding, or where criminal procedure cannot be commenced or continued not for lack of evidence.
The new facts or new evidence, as described in Paragraph 1 Subparagraph 6, refer to facts or evidence that existed, or were established, but were not investigated in time before the final judgment is decided, or facts and evidence that only come to light or become established after the final judgment is decided.

Article 421

(Motion for Retrial for Interests of the Convicted (II))
Expect stipulated in the previous article, once a guilty judgment in the second instance is final, if the failed to consider of material evidence may affect the judgment, a motion for retrial may be filed against cases which may not appeal the court of third instance.

Article 422

(Motion for Retrial against Interests of the Convicted)
Once judgment of guilty, not guilty, exempt from prosecution, or case dismissed is final, a motion for retrial can be filed contrary to the interest of the convicted under the following circumstances:
1. Where there are situations as specified in subparagraph 1, 2, 4 or 5 of Article 420;
2. For a person receiving a judgment of not guilty, or punishment lighter than the offense he/she commits, if through the person's confession during or outside the litigation procedure or through the discovery of new evidence, it is sufficient to render a judgment of guilty and heavier punishments;
3. Where a person is exempt from prosecution or dismissed from the suit, if through such person’s statement during or outside the litigation procedure or through the discovery of new evidence, it is sufficient to hold that there is no ground to exempt his/her original judgment.

Article 423

(Period of Motion for Retrial (I))
The motion of retrial may be filed after the punishment has been completed; it may also be filed if the punishment or during the time punishment is not being executed.

Article 424

(Period of Motion for Retrial (II))
Motion for retrial due to the failed to consider of material evidence pursuant to Article 421 may be filed within 20 days since the judgment is served.

Article 425

(Period of Motion for Retrial (III))
Once the judgment if final, if more than one-half of the period specified in Paragraph 1 of Article 80 of the Criminal Code has lapsed, a motion for retrial against interests of the convicted may not be filed.

Article 426

The trial court that made a judgment has jurisdiction over the petition for retrial against the said judgment.
Where some parts of the judgment have been appealed and others have not, the court of second instance has jurisdiction over a motion for retrial on any parts of the judgment, if the court of second instance pronounces a ruling that a retrial shall be rendered for the parts that have been final in the appellate trial. The court of second instance also has jurisdiction over the motion for retrial of that part of the judgment which has become final in the court of first instance. Once a judgment is final in the third instance, the court of second instance has the jurisdiction over a motion for retrial on such a judgment, unless the judges in the court of third instance have situations specified in Subparagraph 5, Paragraph 1, of Article 420.

Article 427

(Right to File a Motion for Retrial (I) – for Interests of the Convicted)
Motion for retrial for interests of the convicted may be filed by the following persons:
1. A prosecutor in the competent court;
2. The convicted;
3. The statutory agent or spouse of the convicted;
4. The spouse, lineal blood relatives, collateral blood relatives, relatives by marriage within the second degree of relationship, family head or family members of the convicted, where the convicted is deceased.

Article 428

(Right to File a Motion for Retrial (II) – against Interests of the Convicted)
A prosecutor of the competent court or a private prosecutor may file a motion for retrial against interests of the convicted; provided that a private prosecutor may only file such a motion in circumstances under Subparagraph 1 of Article 422.
Where a private prosecutor loses the legal capacity or dies, a person has the right to file a private prosecution pursuant to Paragraph 1 of Article 319 may file a motion in the preceding paragraph.

Article 429

A petition for retrial shall be filed by submitting to the court with jurisdiction a pleading for retrial setting forth the reasons, accompanied by copies of the original judgment and evidence. Where there exists justifiable cause for not being able to submit the copies of the original judgment, such a fact may be stated in the pleading, which may contain a request for the court to retrieve copies of the said original judgment.

Article 429-1

An attorney may be retained to serve as agent for filing a petition for retrial.
To fulfill the preceding paragraph, a power of attorney should be submitted to the court and provisions of Articles 28 and 32 shall apply mutatis mutandis.
Provision of Article 33 shall apply mutatis mutandis to the filing of a petition for retrial.

Article 429-2

For a petition for retrial, unless it is manifestly unnecessary, a notice should be made to the petitioner and his/her agent to be present at the court hearing so that they have an opportunity to be aware of the opinions expressed by the prosecutor and the convicted. The preceding provision shall not apply where the said petitioner or his/her agent fails to appear before the court without justifiable causes or has expressed his/her unwillingness to appear before the court.

Article 429-3

A petition for retrial may be accompanied by a motion for the examination of evidence, stating the reasons for such a motion, which the court should allow if it deems it necessary. The court, for the purpose of making a decision on whether the petition for retrial is with good reasons, may sua sponte examine the evidence.

Article 430

(Effect of the Motion for Retrial)
A motion of retrial does not suspend the execution of punishment; provided that a prosecutor of the competent court may order a suspension before the ruling on the motion.

Article 431

(Withdraw a Motion for Retrial and its Effect)
A motion for retrial may be withdrawn before the retrial judgment.
A person who withdraws a motion for retrial may not use the same reason to file a motion for retrial.

Article 432

(Apply mutatis mutandis Articles regarding Appeal Withdrawal)
Articles 358 and 360 shall apply mutatis mutandis to a motion for retrial or withdrawal.

Article 433

The court, upon finding a defect exists with respect to a petition for retrial in compliance with statutory procedures, shall overrule the said petition by a ruling. Where the defect in complying with statutory procedures is amendable, the court shall order an amendment to be made within a prescribed period of time before overruling the petition.

Article 434

The court, upon finding a petition for retrial to be without merits, shall overrule the said petition by a ruling.
A petitioner or a person who is covered by the ruling who disagrees with the ruling that overrules the petition for retrial may file an interlocutory appeal within ten days after the service of the said ruling.
After a ruling in accordance with the preceding paragraph is made, a further petition for retrial may not be filed based on identical reasons.

Article 435

(Ruling for a Meritorious Motion – Ruling for Retrial)
The court shall pronounce a ruling for retrial if the motion is meritorious.
The court may rule to suspend the punishment after the ruling in the preceding paragraph.
An interlocutory appeal may be filed against the ruling in Paragraph 1 within 3 days.

Article 436

(Retrial)
The court shall set a case for trial on regular procedure if the ruling for retrial is final.

Article 437

(Exceptions to Oral Hearing (IV))
Where a convicted dies, a motion for retrial for interests of the convicted may be judged without oral argument, after the prosecutor or private prosecutor express his/her opinion in writing. Where a private prosecutor loses legal capacity or dies, a person who may undertake the litigation pursuant to Article 332 may file a motion to the court to undertake the litigation in 1 month; if no one undertakes the litigation or such period lapses, the court may immediately give a judgment on the case or notify the prosecutor to express the opinion.
Where a convicted dies before the retrial, a motion for retrial for interests of the convicted shall apply mutatis mutandis the preceding paragraph.
Judgments in the preceding two paragraphs may not be appealed.

Article 438

(End of Retrial)
A motion for retrial against interests of the convicted and such motion and ruling will lose the effect be invalid if the convicted dies before the judgment of retrial.

Article 439

(Principle of the Prohibiting Alteration for Interests (II))
Where a motion for retrial filed for interests of the convicted and a judgment of guilty is pronounced, the court may not pronounce a sentence heavier than the one in the original judgment.

Article 440

(Publication of a Not Guilty Judgment in the Retrial)
Where a motion for retrial for interests of the convicted is pronounced a judgment of not guilty, the court shall publish the judgment in public journals or other newspapers.

Part VI Extraordinary Appeal

Article 441

(Reasons and Right for Extraordinary Appeal)
After a judgment is final, if the trial of a case is found to in contravention of laws, the chief-procurator of the Supreme Prosecutors Office may file an extraordinary appeal to the Supreme Court.

Article 442

(Motion for Extraordinary Appeal)
Where a prosecutor discovers situation listed in the preceding article, he/she shall submit an opinion in writing along with the case dossier and exhibits to the chief-procurator of the Supreme Prosecutors Office and file a motion for extraordinary appeal.

Article 443

(Extraordinary Appeal)
To file an extraordinary appeal, reasons for the extraordinary appeal in writing shall be submitted to the Supreme Court.

Article 444

(Exceptions to Oral Hearing (V))
A judgment for an extraordinary appeal may be pronounced without oral argument.

Article 445

(Scope of Investigation)
Investigation by the Supreme Court is limited to items listed in the reason for the extraordinary appeal.
Article 394 shall apply mutatis mutandis to extraordinary appeals.

Article 446

(Meritless Extraordinary Appeals – Overruled)
Meritless extraordinary appeals shall be overruled by ruling.

Article 447

(Meritorious Extraordinary Appeals)
Where an extraordinary appeal is meritorious, the following judgments shall be pronounced respectively:
1. Where the judgment is in contravention of the laws and regulations, the part in contravention shall be set aside; provided that if the original judgment is against interests of the defendant, such case shall be separately adjudicated;
2. Where the litigation procedure is in contravention of the laws and regulations, such procedure shall be set aside.
Under circumstances specified in Subparagraph 1, if a case is dismissed for it is mistakenly thought to have no jurisdiction, or if it is necessary to protect a defendant’s other benefit accruing to the accused from one of the stages of trial, the original judgment may be set aside, and the original trial court shall retrial the case following procedure prior to the judgment.
However, a sentence heavier than the one in the original final judgment may not be pronounced.

Article 448

(Effect of a Judgment for Extraordinary Appeal)
The effect of a judgment for extraordinary appeal does not apply to the defendant unless provided in the proviso of Subparagraph 1 of Paragraph 1 and Paragraph 2 of the preceding Article.

Part VII Summary Procedure

Article 449

The first instance court may decide on a sentence using summary procedures upon the prosecutor's request without going through regular proceedings, if the court finds that the defendant's confession, as provided during the investigation, or other existing evidence, is sufficient to determine the defendant's guilt. However, if necessary, the defendant should be examined prior to sentencing.
As in the case of preceding paragraph, if the prosecutor has begun the prosecution following regular proceedings, but the court then decides that summary procedures are appropriate for the sentencing phase of the trial after the defendant confesses the crime, summary procedures may then be adopted without implementing full trial proceedings.
The pronounced criminal sanction, as determined in accordance with the provisions of the preceding two paragraphs, is limited to probation, fixed-term imprisonment that is convertible to a fine or community service, detention, or a fine.

Article 449-1

(Summary Proceeding)
Cases under summary proceeding may be tried in the summary division of courts.

Article 450

(Summary Judgment (I) – Sentence, Remission of Punishment)
A sentence by summary judgment may also impose a confiscation or other necessary measures.
The proviso of Paragraph 1 of Article 299 shall apply mutatis mutandis to the judgment in the preceding paragraph.

Article 451

(Motion for Summary Judgment)
Where a prosecutor finds it appropriate to sentence the case through summary judgment, he/she may file a motion for summary judgment in writing.
Article 264 shall apply mutatis mutandis to requests specified in the preceding paragraph.
The motion mentioned in Paragraph 1 has the same effect as a prosecution.
A defendant who confesses in the investigation process may petition the prosecutor to file a motion prescribed in Paragraph 1.

Article 451-1

(Specific Sentence Requested by a Prosecutor)
Where a defendant confesses in the investigation process on cases mentioned in Paragraph 1 of the preceding article, he may express his willingnes to the prosecutor the scope of sentence he would undertake, and if the prosecutor consents, records shall be made, and the defendant’s statement shall be the basis for requesting the court to pronounce a sentence or suspension of sentence.
Before a prosecutor requests a sentence or motion in the preceding paragraph, he may consult with the victim, consider relevant circumstance, and order the defendant the following items, after obtaining the victim’s consent:
1. To apologize to the victim;
2. To pay a certain amount of compensation to the victim.
Where a defendant’s confession does not contain contents specified in Paragraph 1, he may make statements to the court during the trial; the prosecutor may also request the court to pronounce a sentence or suspension of sentence based on defendant’s statements.
Under circumstances mentioned in Paragraph 1 and the preceding paragraph, the court shall pronounce a judgment within the scope of sentence or suspension of sentence requested by the prosecutor; unless one of the following circumstances applies:
1. Where a defendant’s offense is not one that may be sentenced by summary judgment pursuant to Article 449;
2. Where facts of an offense established by the court is different from which the prosecutor uses to request a sentence, or where other facts of the same offense in trial are discovered during the trial and the sentence requested by the prosecutor is obviously improper;
3. Where after trial, the court deems it proper to pronounce a judgment of not guilty, exemption from prosecution, case dismissed, or mistake in jurisdiction;
4. Where a request by the prosecutor is obviously improper or unfair.

Article 452

(Trial Procedure)
Where a prosecutor requests to sentence the case through summary proceeding, if the court deems that the proviso of Paragraph 4 of Article 451-1 shall apply, the case shall be tried by common procedure.

Article 453

(Summary Judgment by Court (II) – Immediate Measure)
The court shall impose immediate measures on cases sentenced by summary judgment.

Article 454

A summary judgment shall include the following items:
1. Contents specified in Paragraph 1 of Article 51;
2. Facts of an offense and the evidence;
3. Applicable articles of laws;
4. Items listed in subparagraphs of Article 309;
5. An announcement that an appeal may be filed within 20 days after the service of the summary judgment. For a summary judgment against which an appeal may not be filed, this rule does not apply
The written judgment as provided in the preceding paragraph may be done in a summary manner.
If the court finds that facts of an offense, the evidence, and applicable laws identical with the public prosecutor’s request for summary judgment on a sentence or with the written prosecution, the court may quote the contents directly from the prosecutor’s writings.
Part VII-III Participation in Proceedings by the Victim

Article 455

(Service of the Official Summary Judgment)
Once a clerk receives the original summary judgment, he shall promptly produce the official summary judgment for service and apply mutatis mutandis Paragraph 2 of Article 314.

Article 455-1

(Appeal against a Summary Judgment)
Those who disagree with a summary judgment may appeal to the collegiate bench of the competent district court of second instance.
A sentence judgment by a request pursuant to Article 451-1 may not be appealed.
An appeal pursuant to Paragraph 1 shall apply mutatis mutandis Articles in Chapters 1 and 2 of Part III, except Article 361.
Those who disagree with a ruling under summary proceeding may file an interlocutory appeal to the collegiate bench of the competent district court of second instance.
An interlocutory appeal mentioned in the preceding paragraph shall apply mutatis mutandis articles under Part IV.

Part VII-I The Bargaining Process

Article 455-2

Except for cases that involve crimes, punishable by death, life imprisonment, or three-year minimum imprisonment, or for first-instance cases that are under the jurisdiction of the high court, once the prosecutor begins the public prosecution of a case or petitions for a summary judgment of the case, the prosecutor may, after consulting with the victim, or acting upon the prosecutor's own discretion, or upon the request of the defendant, or of the defendant's agent, or of the defense attorney, and with the court's consent, negotiate on the following items outside of the trial proceedings, before the end of the closing argument in the first instance court or the issuance of a summary judgment. Once all parties involved agree on the details and the defendant pleads guilty, the prosecutor may petition the court to make a judgment in accordance with the bargaining procedure:
1. The defendant agrees to the scope of criminal sanction and confiscation, or agrees to the pronouncement of probation.
2. The defendant shall apologize to the victim.
3. The defendant shall pay a commensurate amount of compensation.
4. The defendant shall pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies.
The prosecutor shall obtain the victim's consent before negotiating with the defendant on items listed in subparagraph 2 or subparagraph 3 of the preceding paragraph.
The duration of such negotiations as mentioned in paragraph 1, shall not exceed thirty days.
The ratio of the sum, expenditure allocation, and supervision management, as described in paragraph 1 subparagraph 4, shall be determined by the Executive Yuan and the Judicial Yuan.

Article 455-3

(Cancel the Bargaining)
The court shall question a defendant and inform him/her the offence he/she admitted, its statutory penalty, and all rights he waived within 10 days after receiving a request in the preceding article.
A defendant may withdraw the bargaining agreement at any time before the preceding procedure terminates. Where a defendant violates his/her agreement with the prosecutor, the latter may revoke the request for plea bargain.

Article 455-4

(No Bargaining Judgment)
The court may not pronounce a bargaining judgment under the following circumstances:
1. Where the agreement is withdrawn or where requests for bargaining is revoked pursuant Paragraph 2 of the preceding article;
2. Where the bargain was not made out of defendant’s free will;
3. Where the bargaining agreement is obviously inappropriate or unfair;
4. Where defendant’s offence may not subject to a bargaining judgment pursuant to Paragraph 1 of Article 455-2;
5. Where facts established by the court are different from facts agreed in the bargaining process;
6. Where a defendant commits other counts of offense which were arose by the same act in trial with heavier punishments;
7. Where the court deems proper to pronounce punishment remitted, exemption from prosecution, or case dismissed.
The court shall adjudicate the case within the scope of bargaining agreement without oral argument, except for circumstances specified in the preceding paragraph. The sentence pronounced by court under a bargaining judgment is limited to a suspension of sentence, limited imprisonment under 2 years, detention, or a fine.
The court shall put down in records or the written judgment if the parties reach an agreement specified in Subparagraphs 2 to 4 of Paragraph 1 of Article 455-2.
Where the court pronounces a judgment pursuant to the bargaining, Subparagraphs 3 and 4 of Paragraph 1 of Article 455-2 can be the cause for civil compulsory execution.

Article 455-5

(Appointing a Public Defender)
If a defendant is willing to undertake an imprisonment longer than 6 months not subject to a suspension of sentence and has no defense attorney, the court shall appoint a public defender or lawyer to be his/her defense attorney, in order to assist the bargaining.
A defense attorney may express opinions of law and facts during the bargaining process; however, such opinions may not contradict the defendant’s expressed opinion.

Article 455-6

(Overrule by Ruling)
The court shall overrule by ruling a request for bargaining pursuant to Paragraph 1 of Article 455-2 if the court believes that circumstances under Paragraph 1 of Article 455-4 applies; then the common procedure, summary trial proceeding, or summary judgment shall apply.
One may not file an interlocutory appeal against ruling in the preceding paragraph.

Article 455-7

(Statements in the Bargaining Process may not be Evidence against Interests of the Defendant or Co-defendants)
If a court fail to reach a bargaining judgment, statements by a defendant, his agent, or defense attorney during the bargaining process may not be used as evidence against interests of the defendant or co-defendants in this or other cases.

Article 455-8

(Production and Service of Written Bargaining Judgment)
The production and service of written bargaining judgment shall apply mutatis mutandis Articles 454 and 455.

Article 455-9

(Law Application and Effect of Judgment Record and Service)
For a bargaining judgment, the clerk may record the syllabus of the decision, summarized facts of an offense, and articles of the punishment on the judgment record to substitute a written judgment; provided that where a party requests the court to serve a written judgment within 10 days after the pronouncement of judgment, the court shall still produce the written judgment.
The service of the official record or its abbreviated copy shall apply mutatis mutandis Article 455 and has the same effect as the service of the written judgment.

Article 455-10

(Exception to No Appeals)
A sentence made pursuant this Part is not appealable; provided that this rule does not apply to circumstances specified in Subparagraphs 1, 2, 4, 6, 7 of Paragraph 1 of Article 455-4, or where a bargaining judgment violates Paragraph 2 of the said article.
Investigation by the court of second instance is limited to items listed in the reasons for appeal, where an appeal is made pursuant to the proviso of the preceding paragraph.
The court of second instance, upon finding an appeal meritorious, shall set aside the original judgment and remand the case to the court of first instance to retrial the case following the procedure prior to the judgment.

Article 455-11

(Bargaining Judgment apply mutatis mutandis rules for Appeal)
An appeal for a bargaining judgment, except otherwise stipulated in this Part, shall apply mutatis mutandis Chapters I and II of Part III.
Paragraph 1 of Article 159 and Article 284-1 do not apply to the bargaining process.

Part VII-II Special Proceeding of Confiscation

Article 455-12

A third person, whose property may be confiscated, can apply to the court to participate in the confiscation procedure, before the end of oral argument in the fact-finding trial of the case.
The application, as mentioned in the preceding paragraph, should include the following matters in writing:
1. The case summary, and the defendant's name, gender, birth date, identity document number, or other relevant feathers sufficient to identify the defendant.
2. Reasons for participating in the confiscation process.
3. Indicating the intention of participating in the confiscation process.
If a third person does not apply to the court to participate in the confiscation procedure for the property that may be confiscated, the court should adjudicate ex officio such a third person to participate in the confiscation process where the court deems it necessary. However, these provisions do not apply if such a third person clearly states to the court or the prosecutor that he/she has no objection to the confiscation of his/her property.
The provisions of the preceding three paragraphs should apply mutatis mutandis to cases conducted in private prosecution procedure, summary procedure, or negotiation procedure.

Article 455-13

If the prosecutor has sufficient reason to believe that a third person's property should be confiscated, the prosecutor should notify such a third person before initiating the public prosecution, giving such a person the opportunity to state his/her case.
If the prosecutor deems that a third person's property should be confiscated when initiating a public prosecution, such intention should be stated in the indictment, and such a third person should be notified immediately of the following matters:
1. The case summary and its jurisdictional court.
2. The defendant's name, gender, birth date, identity document number, or other relevant feathers sufficient to identify the defendant.
3. The name, type, quantity, and other specification that should be noted concerning the property to be confiscated.
4. The essential facts and evidence that constitute the grounds for confiscation.
5. The purpose that the prosecution should petition the court of jurisdiction to notify the third person to participate in the confiscation procedure.
If the prosecutor deems that a third person's property should be confiscated during the trial, the prosecutor may submit such a request in verbal or written statement to the court.

Article 455-14

Concerning participation in the confiscation procedure, the court should notify the applicant, the parties of the case, the party's agent, defense attorney, or assistant in advance, giving them the opportunity to state their case before the ruling.

Article 455-15

The court may exempt cases, where the time and cost required for investigation of evidence do not commensurate with the request for confiscation value, after obtaining agreements from the prosecutor, or agent of the private prosecutor.
The prosecutor or agent of the private prosecutor may withdraw the agreement, as mentioned in the provisions of the preceding paragraph, before the end of oral argument in the fact-finding trial of the case.

Article 455-16

The court may rule to reject the case if the request to participate in the confiscation procedure is not in accordance with legal formalities, or is not permitted by law, or is groundless. However, if the defect of the legal formalities can be corrected, the court should set a time limit and order such correction.
The court should rule to grant the request, if the court deems that the request to participate in the confiscation procedure is justified.
The ruling as described in the preceding paragraph is final and non-appealable.

Article 455-17

The court ruling, concerning the third party's participation in the confiscation procedure, should have statements containing information on the progress of the litigation, reasons for the third party's participation, and the fact that confiscation can take place with or without the third party's appearancein court to give statements.

Article 455-18

Once the court has ruled on the participation of a third party in the confiscation procedure, cases that have adopted summary procedure or negotiation procedure, may then apply regular procedure in the trial.

Article 455-19

The rights of a defendant in a litigation should apply mutatis mutandis to participants on matters of their confiscated property, unless otherwise stipulated in this Chapter.

Article 455-20

The court should notify the confiscation procedure participants of the trial dates and serve them written documents pertaining to confiscating their property.

Article 455-21

Participants may appoint an agent to be present. However, the court may, when it deems necessary, order the participants to be present in person.
The provisions of Articles 28 through 30, Article 32, Article 33 Paragraph 1, and Article 35 Paragraph 2 should apply mutatis mutandis to the participant's agent.
For the situation as described in the first paragraph, if it is necessary to order the participant to appear in person, the court should issue a summons; if a legal summons is issued, and the participant is absent without a proper cause, an arrest with a warrant may be ordered.
The provisions of Article 71, Articles 72 through 74, Articles 77 through 83, and Articles 89 through 91 should apply mutatis mutandis to the summoning and the arrest with a warrant of the participant mentioned in the preceding paragraph.

Article 455-22

The presiding judge should inform all participants present on the day of the trial of the following matters:
1. The facts that constitute the grounds for confiscation.
2. The progress of the litigation.
3. The participants may appoint an agent to be present.
4. The right to request an investigation on evidence favorable to the defendant.
5. For matters concerning the confiscated property, the rights of a defendant in a litigation should apply mutatis mutandis to participants, unless otherwise stipulated in this Chapter.

Article 455-23

Provisions of Article 166 Paragraphs 2 through 6, and Articles 166-1 through 166-6 do not apply to the investigation of evidence pertaining to the confiscation participation procedure.

Article 455-24

The participant's oral argument concerning the confiscation of his/her property should be held after the completion of the proceedings of Article 289, and should be conducted following the same sequence.
The court may proceed to deliver a judgment without the participant's statement, if the participant fails to appear in court after being summoned, or notified in accordance with legal procedures; the same action applies to the situation where the participant exits the court without permission, or refuses to give a statement.

Article 455-25

If the situation arises where the court deems that a third party should not participate in the confiscation process, after it has already delivered a ruling allowing such a third person to participate, the court should revoke the original ruling.

Article 455-26

If the property of the participant is deemed to be confiscated, the participant should be informed of such a judgment; if it is deemed that the property is not to be confiscated, the participant should be informed of such a judgment.
The judgment, as described in the preceding paragraph, should include the main text of such a decision, and the facts and reasons that constitute the confiscation. The evidence on which the facts established in the fact-finding process are based, reasons for such a determination, reasons why evidence conducive to the participant is not adopted, and the applicable law should be recorded separately in the reason section, depending on the circumstances of the case.
The judgment for confiscation, as referred to in the first paragraph, should be delivered at the same time as the judgment of the case. However, if necessary, the judgment may be delivered separately.

Article 455-27

If an appeal is filed against the judgment of the case, the effect of the appeal extends to confiscation judgment pertaining to the case; if an appeal is filed against the confiscation judgment, the effect of such an appeal does not extend to the judgment of the case.
When the participant appeals to the second instance court, he/she may not dispute the determined facts of the criminal offense of the original trial, nor of the portion concerning property confiscation. However, such provisions do not apply to the following circumstances:
1. Due to no fault of the participant, he/she did not provide a statement in the original trial on the portion concerning the facts of the crime and confiscation of property, or make a request for investigation of evidence.
2. Persons other than the participant, who may dispute the facts of the crime and have the right to appeal, file a second instance appeal disputing the portion concerning the facts of the crime and the confiscation of the participant's property.
3. The situation, as described in Article 420 Paragraph 1 Subparagraph1, Subparagraph 2, Subparagraph 4 or Subparagraph 5, existed in the original trial.

Article 455-28

Unless stipulated otherwise in this Chapter, the provisions of Part 2 Chapter 1 Section 3, Part 3 and Part 4 apply mutatis mutandis to the trial, appeal, and interlocutory appeal of participation in the confiscation procedure.

Article 455-29

A third party, whose property is adjudicated to be confiscated by the court, and who, due to no fault of his/her own, did not participate in the confiscation procedure, may file a revocation motion to the court that adjudicated the said judgment within 30 days from the date of his/her learning of the finalized confiscation judgment. However, if it has been more than five years since the final judgment was decided, filing for such a motion is not allowed.
The motion, as described in the preceding paragraph, should include the following information:
1. Case summary.
2. Reasons and evidence for filing the revocation motion of the confiscation judgment.
3. The evidence which proves the observance of the peremptory period.

Article 455-30

The judgment which grants a motion to revoke a finalized confiscation judgment, does not have the effect of a stay of execution. However, the prosecutor of the concerned court may order a stay of execution before the ruling of revoking the finalized judgment of property confiscation is delivered.

Article 455-31

The court shall notify the applicant, the prosecutor, and the agent of private prosecution, and allow them the opportunity to state their cases on the motion to evoke a finalized judgment of property confiscation.

Article 455-32

The court may rule to reject the motion if the request to revoke the finalized confiscation judgment is not in conformance with legal formalities, or if it should not be legally permitted, or if it is groundless. However, if the violation issue in the legal formalities can be rectified, the court shall set a time duration and order for such a rectification.
If the court deems that there is a reason to grant the motion to revoke the finalized confiscation judgment, the court shall adjudicate to revoke the portion of the case concerning finalized confiscation judgment.
The court rulings of interlocutory appeals, as described in the two preceding paragraphs, may be re-appealed.
Unless stipulated otherwise in this Chapter, the provisions of Chapter 4 apply mutatis mutandis to the Interlocutory Appeal and re-appeal of the motion to revoke a finalized confiscation judgment.

Article 455-33

After the ruling to revoke the finalized confiscation judgment becomes final, the court shall follow the procedure adopted before setting a case for trial.

Article 455-34

For a separate pronouncement of confiscation, the prosecutor should request that the court that has jurisdiction over the district, where the law was violated, or property is located, or property owner's domicile/residence is located, to adjudicate.

Article 455-35

The request, as mentioned in the preceding paragraph, should be made in written format by the prosecutor to the court of jurisdiction, and shall include the following items:
1. The name, gender, birth date, domicile/residence, identification document number of the owner of the property to be confiscated, or other information, to adequately identify the case. However, this information may be omitted, if the identity of the property owner is unknown.
2. The name, type, and quantity of the property to be confiscated, and other matters that are sufficient to specifically identify the objects to be confiscated, or the rights of property.
3. The case infraction facts and evidence from which the property confiscation originates, and the articles of law that are involved.
4. The essential facts and evidences that constitute the grounds for pronouncing separate confiscation.

Article 455-36

The court may rule to reject the request if it deems that a separate pronouncement of confiscation is not in conformance with legal formalities, or if it should not be legally permitted, or if it is groundless. However, if the violation issue in the legal formalities can be rectified, the court shall set a time duration and order for such a rectification.
The court shall rule to grant the request, if it deems that a separate pronouncement of confiscation is justified.
The court rulings of interlocutory appeals, as described in the two preceding paragraphs, may be re-appealed.

Article 455-37

The provisions concerning third party participation in the confiscation procedure stated in this Chapter apply mutatis mutandis to the procedure of separate pronouncement of confiscation.

Part VII-III Participation in Proceedings by the Victim

Article 455-38

After the initiation of public prosecution by the public prosecutor and before the conclusion of the oral argument at the court of the second instance, a victim of one of the offenses listed below may petition to the court that has jurisdiction to participate in the proceedings of the case concerned:
(1) The offenses of causing death or aggravated injury by committing criminal acts intentionally or negligently;
(2) The offenses as provided in Article 231, Article 231-1, Article 232, Article 233, Article 240, Article 241, Article 242, Article 243, Paragraphs 1 or 2 of Article 271, Article 272, Article 273, Paragraphs 1 to 3 of Article 275, Paragraphs 1 or 3 of Article 278, Article 280, Paragraphs 1 or 2 of Article 286, Article 291, Article 296, Article 296-1, Article 297, Article 298, Article 299, Article 300, Paragraphs 1, 2 or 4 of Article 328, Article 329, Article 330, Paragraph 1, Subparagraphs 1, 3, or 4, Paragraph 2 of Article 332, Paragraphs 1 or 2 of Article 333, Paragraph 1, Subparagraphs 1, 3, or 4, Paragraph 2 of Article 334, Paragraphs 1 or 3 of Article 347, Paragraph 1 or Subparagraph 2, Paragraph 2 of Article 348 of the Criminal Code;
(3) The offenses provided in Paragraph 1 of Article 2 of the Sexual Assault Crime Prevention Act;
(4) The offenses provided in Articles 31 to 34 or Article 36 of the Human Trafficking Prevention Act; or
(5) The offenses provided in Articles 32 to 35, Paragraphs 1 to 5 of Article 36, or Paragraph 1 of Article 37 of the Child and Youth Sexual Exploitation Prevention Act.
Where the victim of the offenses listed in the preceding paragraph is without legal capacity, of limited legal capacity, deceased, or for other legitimate reasons that the victim cannot make the petition, the petition may be made by the statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, relative by marriage within the second degree of kinship, family head or family member of the said victim. But where the accused is the only person with one of the identities listed above, and there is no other person with the identities listed above to make the petition, the petition may be made by the municipal government, the county (city) government, or the Association for Victims Support where the said victim’s household registration is established. Where the location of the said victim’s household registration is unknown, the petition may be made by the municipal government, the county (city) government, or the Association for Victims Support where the said victim’s domicile or residence is.

Article 455-39

A petition for participating in the proceedings shall be made by submitting a written petition to the respective court of instance.
The written petition for participating in the proceedings shall state the following matters:
(1) The case summary;
(2) Name, gender, date of birth, identification number, or other characteristics that are sufficient to identify the accused;
(3) Where the petitioner is not a victim, his/her relationship with the victim;
(4) The intention to participate and the reasons for the participation in the proceedings of the case concerned.

Article 455-40

The court shall, by a ruling, overrule the petition made in accordance with the preceding article where the court is of the opinion that the petition does not comply with statutory procedures or not allowed by the law. Where the defect in complying with statutory procedures is amendable, the court shall order an amendment to be made within a prescribed period of time before overruling the petition.
The court shall, by a ruling, approve the petition for participating in the proceedings where the court is of the opinion that the petition is appropriate, after consulting the opinions expressed by the prosecutor, the accused, the defense attorney and the assistant, and after taking into account the circumstances of the case, the petitioner’s relationship with the accused, the progress of the case proceedings, and the interests of the petitioner. Where the court is of the opinion that the petition is not appropriate, the court shall overrule the petition by a ruling.
Where the court finds the approval of participation in the proceedings should not have been granted after making a ruling to approve the participation, the court shall revoke the original ruling.
An interlocutory appeal may not be made against a ruling in accordance with the preceding three paragraphs.

Article 455-41

A participant in the proceedings may retain an agent at any time.
Provisions of Articles 28 to 30 and Article 32 shall apply mutatis mutandis to an agent retained by the participant in the proceedings; provisions of Subparagraphs 3 to 6, Paragraph 1, and Paragraphs 2 to 4 of Article 31 shall apply mutatis mutandis to a participant in the proceedings who does not retain an agent.

Article 455-42

An agent may inspect the case files and exhibits, and may transcribe, reproduce or take photographs of them during the trial stage. Where the agent so retained is not a qualified attorney, the said agent may not inspect, transcribe, reproduce, or take photographs of the case files and exhibits during the trial stage.
A participant in the proceedings who does not retain an agent or the agent retained is not a qualified attorney may request to receive copies of the case files and exhibits during the trial stage upon posting a deposit for the necessary fees in advance. Where the contents of the case files and exhibits are not relevant to the facts which the accused is charged with, or would hinder the investigation of another case, or involve the privacy or business secret of the parties or a third party, the request may be restricted by the court.
An interlocutory appeal may be made against restrictions imposed in accordance with the proviso of the preceding paragraph.

Article 455-43

Participants in the proceedings, and their agents shall be notified of the dates of the preliminary proceeding. But the preceding provision shall not apply to circumstances where the above people fail to appear before the court without justifiable causes or have expressed their unwillingness to appear before the court after a service of a notification in accordance with the law.
The court shall allow the participants in the proceedings and their agents opportunities to express their opinions on matters specified in subparagraphs of Paragraph 1 of Article 273.

Article 455-44

Participants in the proceedings, and their agents shall be notified of the trial dates. The preceding provision shall not apply to circumstances where the said participants in the proceedings or their agents fail to appear before the court without justifiable causes or have expressed their unwillingness to appear before the court after s service of a notification in accordance with the law.

Article 455-45

Where there are multiple participants in the proceedings, they may elect among themselves one or more persons to represent all or a part of the participants concerned to participate in the proceedings.
Where representatives were not elected in accordance with the provision of the preceding paragraph, the court, when necessary, may order the participants to elect their representatives within a designated period of time. Where representatives were not elected within the said period of time, the court may sua sponte appoint the representatives.
The agent retained or appointed in accordance with the preceding two paragraphs may be replaced, removed or joined by others.
The rights in relation to participation in the proceedings provided for in this part may be exercised by retained or appointed agents.

Article 455-46

Once a piece of evidence is completely examined, the presiding judge shall provide the participants in the proceedings and their agents with an opportunity to express their opinions.
The court shall provide the participants in the proceedings and their agents with appropriate opportunities to debate on the probative value of evidence.

Article 455-47

Before proceeding to the sentencing procedure as provided in Article 289, the presiding judge shall provide the participants in the proceedings, their agents, and persons who accompany the participants in the proceedings with opportunities to state their opinions regarding the possible range of sentencing.

Part VIII Execution

Article 456

The adjudication other than correction measures shall be executed once the adjudication becomes final, unless otherwise prescribed.
In the case of the preceding paragraph, the prosecutor may, when necessary, execute the adjudication before the adjudicating court delivers the case file.

Article 457

The execution of a judgment or a ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the court that made the judgment or ruling in question, unless by the nature of the matters concerned, the execution of the said judgment or ruling should be supervised by the court, its presiding judge, commissioned judge, requisitioned judge, or otherwise prescribed by the statutory law.
Where a higher court shall execute a judgment or ruling of a lower court due to its dismissal of an appeal or an interlocutory appeal or the withdrawal of an appeal or an interlocutory appeal, the execution of the said judgment or ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the higher court concerned.
Where the files of the case concerned reside in the lower court in circumstances specified in the preceding two paragraphs, the execution of the judgment or ruling shall be supervised by a public prosecutor of the Public Prosecutors Office that corresponds to the lower court concerned.

Article 458

(Execution Instruction)
To supervise execution, an execution instruction shall be made along with the copy or abbreviated copy of written judgment or record; provided that this does not apply to instructions other than punishments or measure for rehabilitation, where an execution instruction is not necessary.

Article 459

(Execution Order - Principal Punishment)
Upon executing more than 2 principal punishments, except for fines, the heavier ones shall be executed first; provided that a prosecutor may instruct to execute other punishment first.

Article 460

(Execution of Capital Punishment (I) - Review)
After a pronouncement of capital punishment is final, the prosecutor shall promptly send the case file to the highest judicial authority.

Article 461

(Execution of Capital Punishment (II) – Time and Double Review)
Capital punishment shall be approved by the Minister of justice and be executed within 3 days after receiving such approval; provided that the executive prosecutor may contact the highest judicial authority for a review in 3 days if causes for a retrial or extraordinary appeal exist.

Article 462

(Execution of Capital Punishment (III) - place)
Capital punishment shall be executed in prisons.

Article 463

(Execution of Capital Punishment (IV) – Presence)
The prosecutor observes and shall order a clerk to attend for the execution of capital punishment.
Except for persons approved by the prosecutor or prison officials, no one may enter the execution place for capital punishment.

Article 464

(Execution of Capital Punishment (V) – Records)
The clerk on spot of the capital punishment execution shall make a record.
Such record shall be signed by the prosecutor and prison official.

Article 465

(Suspension and Resume of Capital Punishment)
The highest judicial authority may order to suspend the execution if it is found the one whom death penalty is pronounced is insane.
The highest judicial authority may order to suspend the execution of a sentence of capital punishment on a pregnant woman before she delivers.
Unless ordered by the highest judicial authority, suspension on capital punishment pursuant to the preceding 2 paragraphs may not be resumed after the subject recovers or delivers.

Article 466

(Execution of Punishment against Freedom)
Unless otherwise stipulates in laws, persons sentenced imprisonment or detention shall be detained in prisons separately for labor service; provided that labor service may be exempted if special circumstance apply.

Article 467

(Suspension of Punishment against Freedom)
Upon the prosecutor’s command, one pronounced imprisonment or detention may be suspended from execution before he/she recovers or the cause ceased if one of the following circumstances apply:
1. Insanity;
2. More than 5 months of pregnancy;
3. Just delivered in less than 2 months;
4. Currently suffering a disease and the execution may threaten his life.

Article 468

(Medical Care for Sentenced Person Suspended from Execution)
A prosecutor may send a sentenced person to the hospital or other proper location if the execution is suspended pursuant to Subparagraphs 1 and 4 of the preceding article.

Article 469

The prosecutor shall, upon execution, summon a person announced a sentence of capital punishment other than a fine but not yet detained; if such a person fails to appear in court, he/she shall be arrested with a warrant. However, if there is a probable cause to believe that the person who is announced a death sentence, life imprisonment or imprisonment of more than two years is likely to abscond, he/she may be arrested with a warrant.
The prosecutor may arrest the sentenced person as described in the first part of the preceding paragraph pursuant to Subparagraph 1 and Subparagraph 2 of Article 76 with a warrant without notice and put him/her on a wanted list pursuant to Article 84.

Article 470

Fines, administrative fines, confiscation and administrative confiscation shall be executed in accordance with the orders of the Prosecutor. However, after the judgment of fines or administrative fines is pronounced, if the prosecutor is not present, and with the consent of the person receiving the judgment, the judge may proceed to enforce the penalty.
The order, as described in the preceding paragraph, has the same effect as a civil compulsory execution.
Fines and confiscations may be enforced on the legacy of a convicted person.

Article 471

(Apply mutatis mutandis the Civil Execution and Requested Execution)
Execution in the preceding article shall apply mutatis mutandis regulations for civil executions.
A prosecutor may request the civil compulsory execution division of the district court to carry out execution in the preceding paragraph if necessary.
Execution requested by a prosecutor may be exempted from the execution fee.

Article 472

(Authority for Confiscation)
The prosecutor shall dispose confiscations.

Article 473

If the rights holders file a motion to have confiscated items or force-collected property returned, or if persons, who are allowed to exercise the right to a claim as a result of the defendant's crime, have obtained the civil compulsory execution and file a motion to be paid, within a year after the judgment is finalized, the prosecutor shall return such items/property or pay such claims, with the exceptions of: items/property that should be destroyed or abandoned; if the items/property are sold, the price of the sale shall be returned.
If an applicant has objections to the execution of return or payment, as described in the preceding paragraph, the provisions of Article 484 shall apply.
If necessary, the prosecutor may request that the branch offices of the Administrative Enforcement Agency of the Ministry of Justice enforce the sales, distributions and payments, as described in the first paragraph.
The scope, methods and procedures, of the claimant and of a motion for return or payment, the scope of return or payment that the prosecutor should enforce, as described in the first paragraph, and other enforcement measures that should be followed shall be determined by the Executive Yuan.

Article 474

(Return of Fabricated or Altered Items)
Upon returning fabricated or altered items, a prosecutor shall excise or label the fabricated or altered part.

Article 475

If the whereabouts of the person to whom the confiscated objects should be returned is unknown, or if the confiscated objects cannot be returned for other reasons, the prosecutor should make a public announcement. If after two years from the date of announcement no one claims the return, the confiscated objects shall be turned over to the National Treasury.
Worthless objects, despite being within the holding period as described in the preceding paragraph, may be discarded; objects that are difficult to be kept in custody will be sold by a court order, from which the proceeds shall be kept in custody.

Article 476

(Request to Cancel the Suspension of Sentence)
Where a pronouncement of suspension of sentence shall be set aside, a prosecutor of the district court where the sentenced locates or resides at last shall request a ruling of the said court.

Article 477

(Motion to Adjust the Sentence)
A motion to adjust a sentence pursuant to Article 48 of the Criminal Code or a motion to ascertain the sentence execution pursuant to Articles 53 and 54 where Subparagraphs 5 to 7 of Article 51 of the Criminal code applies shall be filed by a prosecutor to the court, which makes the final judgment on facts of the offense in the said case, for a ruling.
In order to adjust the sentence in the preceding paragraph, the sentenced, his statutory agent, or agent may request prosecutor in the preceding paragraph to file the motion.

Article 478

(Exemption from Labor Service)
The exemption of labor service pursuant to proviso of Article 466 shall be instructed by the prosecutor in charge of the execution.

Article 479

Convicts, whose penalty is converted to community service or labor service, pursuant to Article 41, Article 42 and Article 42-1 of the Criminal Code, shall follow the order of the prosecutor in charge of the execution.
For converted community service, the prosecutor in charge of the execution shall give orders to provide such services to government agencies, government organizations, non-departmental public bodies, communities, or other Institutions or groups that meet public interest objectives, as designated by the concerned Prosecutors' Office, and shall set a time frame for service implementation.

Article 480

The implementation of labor service, converted from a fine, should be carried out separately from labor service carried out by those sentenced to imprisonment or those sentenced to criminal detention.
The provisions of Article 467 and Article 469 shall apply mutatis mutandis to cases of converted labor services.
The provisions of Article 467 shall apply mutatis mutandis to cases of converted community services.

Article 481

(Execution of Security Preservation Measures)
The prosecutor shall request the court which made the final judgment regarding facts of an offence to rule the exemption from execution pursuant to Paragraph 3 of Article 86, Paragraph 3 of Article 87, Paragraph 2 of Article 88, Paragraph 2 of Article 89, Paragraph 2 of Article 90, or Paragraph 1 of Article 98, an decision of approved extension pursuant to Paragraph 3 of Article 90, security preservation measures pursuant to Paragraph 2 of Article 93, or the exemption from execution pursuant to the latter of Paragraph 1 and Paragraph 2 of Article 98, and the execution of approval pursuant to Article 99 of the Criminal Code. The same rule also applies to the compulsory treatment pursuant Paragraph 1 of Article 91-1 and the suspension of compulsory treatment pursuant Paragraph 2 of the same article.
A prosecutor may request the court to pronounce a ruling if security preservation measure is necessary for a decision of exempted prosecution pursuant to Paragraph 1 of Article 18 and Paragraph 1 of Article 19 of the Criminal Code.
Where a court does not include security preservation measures in the decision, a prosecutor may request the court to rule on such measure within 3 months since the decision if the prosecutor deems it necessary.

Article 482

(Commutation to Warning)
A prosecutor shall execute commutation to warning pursuant to article 43 of the Criminal Code.

Article 483

(Motion for Interpretation – Meanings of a Guilty Judgment)
Where a party doubts the meaning of a guilty judgment, he/she may request the court which pronounces such judgment for interpretation.

Article 484

(Objection - Instruction by Prosecutor)
The sentenced and his statutory agent or spouse shall file an objection to the court which pronounces the judgment upon finding instructions by the prosecutor impropriate.

Article 485

(Motion and Cancellation for Interpretation or Objection)
A motion for interpretation or objection shall be filed in writing.
A motion for interpretation or objection may be withdrawn in writing before the judgment.
Article 351 shall apply mutatis mutandis to a motion and cancellation for interpretation or objection.

Article 486

(Ruling on Motion for Discrepancy or Objection)
The court shall rule on discrepancies or objections.

Part IX Ancillary Civil Action

Article 487

(Parties and Plea under Ancillary Civil Action)
Those who injured by an offence may bring an ancillary civil action along with the criminal procedure, to request compensation from the defendant and those who may be liable under the Civil Code.
The scope of plea in the preceding paragraph shall comply with the Civil Code.

Article 488

(Filing Period)
An ancillary civil action shall be filed after criminal prosecution and after the close of oral arguments in the court of second instance; provided that it may not be filed after the close of oral arguments in the court of first instance and before the appeal.

Article 489

(Competent Court)
Where a court pronounced a ruling pursuant to Paragraph 2 of Article 6, and Articles 8 to 10 of the Code of Criminal Procedure, it is deemed to pronounce the same ruling for a supplement civil action.
A pronouncement of mistake in jurisdiction and case transfer under the criminal procedure shall also be made in the supplement civil action.

Article 490

(Applicable Law (I) – the Code of Criminal Procedure)
Ancillary Civil Actions, unless otherwise stipulated in this Part, shall apply mutatis mutandis rules regarding criminal procedure; provided that once a case is transferred, remanded, or sent to a civil court, the Code of Civil Procedure shall apply.

Article 491

(Applicable Law (II) – the Code of Civil Procedure)
The following rules in the Code of Civil Procedure shall apply mutatis mutandis to ancillary civil action.
1. Capacity to be parties and capacity to litigate;
2. Joinder of parties;
3. Intervention;
4. Advocates and assistants
5. Termination of the litigation;
6. Presence of the parties;
7. Settlement;
8. Judgment pursuant to abandonment of cause of action;
9. Withdrawal a suit, appeal or interlocutory appeal;
10. Provisional attachment, provisional injunction, and provisional Execution.

Article 492

(Initiation (I) - Complaint)
To file a Ancillary Civil Action, the complaint shall be filed to the court.
The complaint in the preceding paragraph shall apply mutatis mutandis the Code of Civil Procedure.

Article 493

(Service of the Complaint and Preparatory Pleading)
A party shall submit the complaint and preparatory pleading and copies of such documents pursuant to the number of the opposing party; the court shall serve such documents to the opposing party.

Article 494

(Summon the Party and Related Person)
On the trial date of criminal action, parties and related person in the Ancillary Civil Action may be summoned.

Article 495

(Initiation (II) - Verbal)
The plaintiff may file an ancillary civil action verbally when present at the trial date.
One who prosecutes verbally shall state and record items to be set forth in a complaint in the records.
Paragraphs 2 to 4 of Article 41 shall apply mutatis mutandis to the records in the preceding paragraph.
Where a plaintiff prosecutes verbally and the opposing party is absent or present but requests the service of records, such records shall be served to the opposing party.

Article 496

(Trial Period)
Trial of a supplement civil action shall be conducted subsequent to the trial of criminal action; provided that the presiding judge may order simultaneous investigation upon finding it necessary.

Article 497

(Prosecutor Participation)
A prosecutor there is no need to participate in the trial of supplement civil action.

Article 498

(Judgment without Statement)
A judgment may be pronounced without waiting for his testimony of a party if he/she is legally summoned but fails to appear without due reasons or does not argue while present at court; the same rule applies where a party leaves the court without being approved.

Article 499

(Discovery)
If the evidence is investigated during a criminal action, the evidence in an ancillary civil action may be considered as having been investigated.
A party or agent in the supplement civil action may state opinions regarding investigation in the preceding paragraph.

Article 500

(Fact Establishment)
A judgment for the supplement civil action shall be based on facts established in the criminal action; provided that this does not apply to a judgment pursuant to abandonment of cause of action.

Article 501

(Time of Judgment)
A judgment for supplement civil action shall be pronounced at the same time as the criminal action.

Article 502

(Ruling (I) – Overruled or Judgment against Defendant)
The court shall dismiss plaintiff’s suit by ruling upon finding it illegal or meritless.
The court shall enter a judgment against the defendant pursuant to plaintiff’s complaint upon finding the latter meritorious.

Article 503

(Ruling (II) – Overruled or Transferred to Civil Division)
The court shall dismiss plaintiff’s suit where the criminal action was pronounced not guilty, exempt from prosecution, or case dismissed; provided that the supplement civil action shall be transferred to the competent civil court where the plaintiff files a motion.
Unless an appeal is filed for criminal judgment, a ruling in the preceding paragraph cannot be appealed.
Litigation fees shall apply to cases transferred to the civil court specified in the proviso of Paragraph 1.
Where a private prosecution case is overruled by ruling, the court shall overrule by ruling plaintiff’s complaint and apply mutatis mutandis the preceding 3 paragraphs.

Article 504

(Ruling (III) – Transfer to the Civil Division)
The court may pronounce to transfer a supplement civil action to the civil division of the said court by a ruling of the collegiate bench upon finding such action complicated and cannot be resolved in a short time; provided that where the quorum for a collegiate bench cannot be reached, the president of the court may pronounce such ruling.
An action transferred pursuant to the preceding paragraph is exempt from the court costs.
One may not file an interlocutory appeal against ruling in the preceding paragraph.

Article 505

(Ruling (IV) – Transfer to the Civil Division)
Supplement civil action which applies the summary proceeding shall apply mutatis mutandis Articles 501 and 504.
An action transferred pursuant to the preceding paragraph is exempt from the court costs.
One may not file an interlocutory appeal against a ruling in the preceding paragraph.

Article 506

(Restriction to Appeal to the Third Instance)
Where a judgment in the second instance regarding a criminal action cannot be appealed to the court of third instance, the judgment of the second instance regarding the supplement civil action may be appeal to the court of third instance; provided that it is restricted by Article 466 of the Code of Civil Procedure.
An appeal in the preceding paragraph shall be tried in a civil division.

Article 507

(Omission of Reasons in Appeal to the Third Instance for a Supplement Civil Action)
Where a criminal judgment in the second instance has been appealed to the court of third instance, the reason for appeal may be omitted in the supplement civil action if it may be quoted from the written criminal appeal.

Article 508

(Judgment for Appeal to the Third Instance (I) - Overruled)
Where a court of third instance overrules an appeal for criminal action upon finding it meritless, it shall pronounce the following decisions for appeals regarding supplement civil action respectively:
1. Dismiss the appeal if there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action;
2. Where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the court shall set aside the original judgment and adjudicate the case; provided that where the hearing on facts is necessary, the court may transfer the case to the civil division of the original trial court or deliver it to or the civil division of other court of the same level as the original trial court.

Article 509

(Judgment for Appeal to the Third Instance (II) - Adjudication)
Where the court of third instance set aside the original judgment and adjudicates the case upon finding the appeal in criminal procedure meritorious, it shall pronounce the judgment in the appeal for supplement civil action as follows, respectively:
1. Where changes in the criminal judgment may affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the court shall set aside the original judgment and adjudicate the case; provided that where hearing on facts is necessary, the court may transfer the case to the civil division of the original trial court or deliver it to or the civil division of other court of the same level as the original trial court.
2. Where changes in the criminal judgment do not affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the appeal shall be overruled.

Article 510

(Judgment for Appeal in the Third Instance (III) – Remand or Delivery)
Where the court of third instance set aside the original judgment and remands or delivers such case to the original trial court or other courts upon fining an appeal meritorious, it shall make the same judgment for the appeal for supplement civil action.

Article 511

(Ruling (V) – Transferred to a Civil Court)
Where a court shall only try a supplement civil action, it shall transfer the case to the civil division of the said court by ruling; unless the appeal for supplement civil action is illegal.
One may not file an interlocutory appeal against ruling in the preceding paragraph.

Article 512

(Retrial for Ancillary Civil Action)
Motion for retrial shall be filed to the division of the original judgment court pursuant to the Code of Civil Procedure for those who file a motion for retrial on the judgment of an ancillary civil action.