[reproduced] the Republic of China Criminal Procedure Law

Name of the applicable laws and regulations:
Date of amendment:
In 99 years 06 months 23 days

ArticleACodingGeneral provisions

   ArticleAChapterLegislation

Article first
 
(limitation of prosecution of crime punishment and the scope of application of this method 
) crime litigation, non according to this law or other laws shall not be prosecuted, the procedures. The 
 serviceman crime, in addition to make military to military judge outside, still should be in accordance with the provisions of this law, 
 prosecution. 
 because by time and geographical restrictions of procedure law, in accordance with a special program, for the reason of elimination, is 
 without judgment, should be in accordance with this law, the prosecution.
Article second
 
(all pay attention to the favorable and adverse 
) implementation of the criminal procedure of civil servants, on the tube case, should be in the favorable and unfavorable situation, 
. 
 accused may request from the civil servants, is necessary for oneself.
Article third
 
(the criminal) 
 this method called parties, that the prosecutor, the prosecutor and the.

   ArticleTwoChapterThe jurisdiction of the court

Article fourth
 
(SMJ) 
 District Court in criminal cases, the first instance jurisdiction. But any of the following cases, the first instance jurisdiction belong to 
 High Court: a 
, civil strife. 
 two, foreign aggression. 
 three, the communication obstruction.
Article fifth
 
(of land under the jurisdiction of court cases) 
 abode by the crime or the defendant, residence or location. 
 in Republic of China outside the territory of the Republic of China ship or aircraft in the criminal, ships, aviation 
 domicile machine starting or crime berth court, also have jurisdiction.
Article Sixth
 
(jurisdiction) of the jurisdiction of the court case 
 number associated, may be combined by one of the court. 
 under the aforesaid circumstances, such as the number of cases has been attached to the court, the court agreed, ruling the case to be the 
 merge in a trial court; there are not agree, by the common superior court 
 set. The 
 different court jurisdiction of cases involved, with its superior court. Have belong to lower 
 court, the superior court ruled that the trial be transferred with the superior court. But the seventh article 
 three section of the situation, the limit.
Article seventh
 
(Xiang Qianlian case) 
 under any of the following circumstances, the implication: a case 
, a committed number. Two, the number of people 
 complicity in a crime or several crimes. 
 three, several people at the same time in the same place individual crime. Four, the 
 relations hiding people, destroy evidence, perjury, loot the crime and.
Article eighth
 
(competing 
 jurisdiction) the same case belong to have jurisdiction over the court by number, belonging to the prior of court trial. But the common 
 with direct superior court, also by the family court after trial.
Article ninth
 
(designated jurisdiction) 
 under any of the following circumstances, by direct superior court ruled the cases specified in the jurisdiction of the court: a number of 
, the court in the jurisdiction. Two, 
 jurisdiction of the court by determining the free jurisdiction, the jurisdiction of the court the case without him. Three, because 
 jurisdiction state caused by unknown, cannot distinguish the jurisdiction of the court. 
 cases not referred to in the preceding paragraph and the provisions of article five, the jurisdiction of the court, by the Supreme Court in a ruling that 
 fixed jurisdiction.
Article tenth
 
(transfer of jurisdiction 
) under any of the following circumstances, by the superior court, the court shall order the case transferred to the jurisdiction of the court at the same level 
 and his court: 
 a right, jurisdiction of court because of law or fact cannot exercise trial. Two, because of the special circumstances of the 
 by a court of competent jurisdiction justice, fear affects the public security or difficult period fair. 
 direct superior court is unable to exercise the jurisdiction, the ruling by the higher court for re.
Article eleventh
 
(designated or apply to transfer jurisdiction) 
 specified or transfer shall be under the jurisdiction of the people please, should take the book like the reason to the court of jurisdiction.
Article twelfth
 
(no court of competent jurisdiction for validity Proceedings) 
 procedure not because the court had no jurisdiction and loss.
Article thirteenth
 
(districts amateur makes the job) 
 court due to see real necessity or in case of urgent situation, in the jurisdiction.
Article fourteenth
 
(no need to dispose of the court jurisdiction) 
 court did not have jurisdiction, such as urgent situation, should be in their area of jurisdiction as necessary.
Article fifteenth
 
(implicated in the investigation and prosecution of jurisdiction) are 
 prescribed in article sixth cases, by a prosecutor with investigation or merger prosecution; if the pipe he procuratorial 
 officer has not agree, by the common superior court's chief prosecutor or the attorney general command.
Article sixteenth
 
(prosecutors necessary action shall apply mutatis mutandis to 
) thirteenth and the provisions of article fourteen, for the prosecutor for investigation with.

   ArticleThreeChapterTo avoid the court clerk

Article seventeenth
 
(self excuse) 
 magistrate in the case of any of the following situations, should be avoided, may not perform duties as a magistrate, 
. Two, 
 magistrate who has or have been the victims of spouse, or eight dear within the blood, five dear within the 
 affinity or parents, family members. Three, 
 magistrate and the defendant or the victim engaged. Four, 
 magistrate who has or have been the victims of an agent or legal. Five, 
 magistrate was told of the agents, counsel, assistant prosecutor, or have an agent in an incidental civil action 
 litigation parties, assistant. Six, 
 magistrate has told people, informer, a witness or expert. Seven, 
 magistrate had executed the prosecutor or the judicial police officer. 
 eight, participated in the pre-trial judge.
Article eighteenth
 
(apply for withdrawal (a) - reasons) 
 parties in any of the following circumstances, may apply to a magistrate judge avoidance: 
, the provisions of the preceding article but not to. Two, the provisions of the preceding article 
 magistrate except for the situation, foot position biased if the execution of yu.
Article nineteenth
 
(apply for withdrawal (two) period) 
 subparagraph 1 of the preceding article situation, ask how the parties litigation, may at any time apply to the magistrate. 
 mentioned in the preceding second circumstances, where the parties have cases declaration or statement shall not apply to the magistrate, 
. But the reasons to avoid the request in the post or known in the latter, the limit.
Article twentieth
 
(apply for withdrawal (three) - program) 
 for judges avoidance, should take the book for the judge to the court for the reason of. But in the trial date or 
 under interrogation, to words. The 
 for avoidance of the causes and the preceding paragraph shall be second facts, interpretation. The 
 is for avoiding magistrate, have put forward opinions.
Article twenty-first
 
(apply for withdrawal (four) - order) of 
 magistrate judge the challenge issued by the court, to the ruling, the lack of a quorum 
 cannot collegiate, by the president of the court ruling; if not by the president of the court ruling, the court decided 
 direct superior. 
 the ruling, judge not been applied to avoid. The 
 is for avoiding magistrate, the request for a reason, there is no order, shall be.
Article twenty-second
 
(apply for withdrawal (five) - effect) 
 magistrate is for avoiders, except for rapid action or to Article eighteenth paragraph second for the reason above, shall be 
 stop action.
Article twenty-third
 
(apply for withdrawal (six) - the court rejected the request from the relief) 
 magistrate court rejected, have put forward.
Article twenty-fourth
 
(who ruled from the court or 
) of the tube for avoidance of recognition, such as magistrate has to avoid the reasons, should be in accordance with the terms of 
 to avoid. 
 the ruling, No.
Article twenty-fifth
 
(clerks, interpreters avoid apply 
) the chapter about judge avoidance provisions, the court clerk and interpreter must use. But not to have to perform their duties 
 court clerk or interpreters, avoidance of the reasons for. The 
 court clerk and interpreter avoidance, by the court ruling.
Article twenty-sixth
 
(prosecutor, procuratorial affairs secretary for the avoidance of the permitted) 
 seventeenth to twentieth and twenty-four of the judges avoidance provisions for prosecutors, and for 
 procuratorial affairs secretary mutatis mutandis. But not to have to perform their duties, the lower court prosecutor clerk or 
 interpreters, avoidance of the reasons for. The 
 prosecutor and the Registrar avoidance, apply to the chief prosecutor or the attorney authorized. The 
 chief procurator avoidance, apply the direct superior court's chief prosecutor or the attorney general approved; the 
 prosecutors only one person also.

   ArticleFourChapterDefender and agent, assistant

Article twenty-seventh
 
(selection of defenders of 
) accused may at any time appointment defense. The suspect by the investigating officer or judicial police judicial police, also 
 with. The legal representative 
 defendant or criminal suspects, spouse, or three dear, collateral relatives by blood or parents, family members 
, defendant or criminal suspect to independent selection of defense. 
 defendant or suspect because of disturbance of intelligence cannot complete the statement referred to in the preceding paragraph, shall notify the person to 
 defendant or suspect appointment defense. But don't notice, the limit.
Article twenty-eighth
 
(the defender (two) and limit the number of 
) each defendant appoint counsel, shall not be more than three.
Article twenty-ninth
 
(the defender (three) - Qualification) 
 defender shall appoint lawyers charge. But the trial with the permission of the presiding judge, may also appoint lawyers to argue 
 support non.
Article thirtieth
 
(the defender (four) - selection procedure) 
 selection defender, should provide the letter of appointment. 
 the mandate, to prosecute the former should be proposed for the prosecutor or the judicial police officer; prosecution should be in each instance 
 level proposed for.
Article thirty-first
 
(coercive defence case and designate a defender 
). The sentence of three years in prison or high court as the court of first instance or the defendant for intelligent obstacle 
 due cannot complete statement, to trial without selecting defender, the presiding judge shall specify the public debate 
 support or lawyer his defence; other cases, low income households and the defendant did not appoint counsel and for 
 specified, or the judge believes it is necessary, also. The case selection 
 defender than the trial date without legitimate reason not to appear in court, the trial was designated public 
 defender. 
 told several people, to designate a person. But if the defendant of the contrary, the limit. 
 designated defender, the appointed lawyer to plead for a person, the designated defender. 
 defendant intelligent obstacle cannot complete statement, in the investigation without appointment counsel, attorney 
 shall appoint a lawyer for the. The 
 second to fourth provisions for the specified, apply.
Article thirty-second
 
(the number of Defenders the document method) 
 accused several defenders, the document shall be respectively.
Article thirty-third
 
(marking, Defender of copy, photo right) 
 defenders on trial to review records and evidence and copy or. The 
 undefended defendant to have pre Na cost request volumes within the shadow of every record. But the record of investigation 
 content and the fact that the independent or to another, or personal or business party or third party 
 secret, the court may limit.
Article thirty-fourth
 
(interview, the defenders of communication right) 
 defender was met with custody defendants, and interoperability. Non business card recognition of its annihilation, foot forged, altered or colludes with 
 evidence or witnesses, shall not be restricted. 
 defender and investigation by the detention or arrest the defendant or criminal suspects or exchange of letters received, not 
 limit. But the interview time shall not be more than an hour, and is limited to one time. See through time, with 
 set for one of ninety-third shall not be included in the first twenty-four hours the reasons. 
 the interview, the prosecutor in case of urgent situation and legal reasons, was suspended, and specify the instant 
 to interview time and. The specified shall be without prejudice to the defendant or criminal suspect's legitimate defense and 
 defenders as of right, 245th second preceding provisions.
Article 34-1
 
Limit the counsel for the defence and detention of interview or exchange letters, application limits of books. 
 limit book, shall specify the following items: a defendant 
, name, sex, age, residence or place, and defense. Two, 
. The specific 
 three reasons to restrict, and on the basis of. The limit of four, 
 concrete. Five, such as 
 relief may limit the punishment. Seventy-first third 
 regulations, restrictions apply to the book. 
 limit book, by a judge after the signature, respectively to the prosecutor, the defender, and. 
 investigation prosecutor recognized in custody the restricting necessary, shall be in written records of second first 
 to fourth items, and relevant documents, apply to the competent court. But in case of urgent situation 
, must provide necessary disposition, and should be in twenty-four hours for the court for limiting book; 
 court should accept after forty-eight hours the kernel. Prosecutors not to within twenty-four hours of application, or the application by 
 rejected, they should stop limit. A 
 sound before you, the court rejected, not a statement.
Article thirty-fifth
 
(qualification assistant and permissions) spouse 
 defendant or private prosecution, immediate or three dear, collateral relatives by blood or parents, relatives or the law 
 fixed agent for prosecution to the court, in book form or in the trial period to words Chen Ming for the defendant or self assisted 
 v.. 
 assistant of procedure law for the behavior, and the court. But not mean express and the defendant or 
 private prosecutor instead. 
 defendant or suspect because of disturbance of intelligence cannot complete statement, should first have to help 
 people the social work organ or its appointed or assigned personnel to assist people with. But the 
 legal notice no justification is not present, the limit.
Article thirty-sixth
 
(the defendant have appointed representatives) 
 most heavy the punishment for criminal detention or specialist penalty, or the defendant to have appointed agent 
. But the court or the prosecutor deems necessary, still life I arrived.
Article thirty-seventh
 
(the private prosecutor was appointed representatives) 
 private prosecution shall appoint an agent. But the court deems necessary, life I arrived. The agent shall appoint lawyers charge 
.
Article thirty-eighth
 
(the number of agents, selection, service and rights apply 
) twenty-eighth, thirtieth, thirty-second and thirty-three shall, for the defendant or private prosecution 
 agent shall apply mutatis mutandis the provisions; twenty-ninth, to the defendant agent and apply.

   ArticleFiveChapterDocument

Article thirty-ninth
 
(program document book production) 
 documents, by civil servants shall record producers, production year, month, day and its subordinate organs, by making 
 people.
Article fortieth
 
(from the book or document) 
 civil servants make documents, shall not be altered or patching; if the increase, delete or attached to the reporter, the seal 
 it, and mark the words, delete it should be retained handwriting, so much.
Article forty-first
 
(making interrogation transcripts) 
 interrogation of a defendant, private prosecutor, witnesses, appraisers and interpreters, shall make a written record of what field, include the following: a 
 
, people for the interrogation interrogation. Two, 
 witness, expert or interpreter if not sign, the. Three, 
 interrogation, month, day and year. The transcripts of interrogation should be to 
 by reading or reading about it, to record has no. 
 interrogation requested by the increase, delete, change records, should be recorded in the statement. 
 record shall be recorded by the following their interrogation from signature, stamp or press.
Article forty-second
 
(search, seizure, records of inspection of production) 
 search, seizure and inspection, shall make transcripts, record year, month, day of the implementation and the time, place and 
 other necessary. Seizure shall record down to 
 vs. seized seized, or making a directory. 
 inquest have produced a picture or photo attached to. 
 record should be made in accordance with the law. The people present signature, stamp or press.
Article forty-third
 
(record of production) 
 two transcripts shall be made at the clerk. The interrogation or search, seizure, or public 
 clerk shall sign the record; if no clerk is present, the line search, seizure, questioning or investigation 
 personally or to specify other servants in the presence of the execution of public personnel making a record.
Article 43-1
 
(query, search, seizure by quasi 
) forty-first, the provisions of article forty-second, in the prosecution officials, judicial police officers, the judicial police 
 line inquiry, search, seizure, apply. 
 the suspect interrogation record production, should be asked the people outside. But because of the circumstance cannot be forced or acute 
 factual reasons for, and the whole audio or video recording, the limit.
Article forty-fourth
 
(making the transcript of the trial of 
) trial date shall be the clerk making trial record, record the following items and all other procedure: a trial 
, court and year, month. 
 two, judges, prosecutors, the clerk of the office, the name and the prosecutor, the defendant or his agent and debate 
 protecting people, an interpreter, the. 
 three, the defendant does not appear, the. 
 four, banning open, the. 
 five, the prosecutor or the private prosecutor about prosecution. Six, the 
 debate. 
 seven, article forty-first subparagraph 1 of paragraph two and the. But the opinion judge consult litigation 
 related persons, considers appropriate, only records the gist. Eight, the court asked the accused 
 read or tell the gist of. Nine, the court 
 been shown to the defendant. 
 10, the implementation of the seizure and. In one one, the presiding judge 
 command records and in litigation voice please license records. 
 one or two, finally had the defendant. One three, the 
 referee. 
 by questioning people about their statements in the notes section, may request the reading or the reading, like the 
 seeking will record increase, delete, change, should note the.
Article 44-1
 
(making and using the trial recording videos) 
 trial date shall be audiotaped; when necessary, and the whole. 
 parties, agents, counsel or help people such as that the transcript of the trial record is wrong or missing 
, in a period of a few days ago, the case has been debated the terminator, after seven ended in debate days, for 
 court regularly broadcast the trial date audio or video content to check more positive. The court's permission, also 
 in period specified in court, on the basis of the trial date recording or video content, to be matters related to interrogation 
, private prosecutors, witnesses, appraisers and interpretation and presentation of documents 
 translation proposed in court. The 
 referred to in the preceding paragraph after paragraph document, the clerk checked, think it appropriate to record, as a trial 
 record appendix, and quasi with forty-eighth.
Article forty-fifth
 
(finishing the transcript of the trial of 
) transcript of the trial, each session shall be within three days after finishing.
Article forty-sixth
 
(signed the transcript of the trial of the transcript of the trial by trial) 
 long signature; the presiding judge has the accident, by the senior puisne judge signature; the sole 
 judge accident, officer only by the Secretary signed a officer; Secretary accident sign 
 magistrate, only by the judge or the name; and respectively from the.
Article forty-seventh
 
(the transcript of the trial of the action effect) 
 trial date program, dedicated to the transcript of the trial.
Article forty-eighth
 
(the transcript of the trial reference document validity) 
 trial record of references attached documents or said the document as an appendix to the 
, the document records matters, and record the record, have the same.
Article forty-ninth
 
(defense articles admit the same shorthand of) 
 defender with the permission of the presiding judge, in the trial period with shorthand to appear in court.
Article fiftieth
 
(making judgment of referee) 
 by making the judge. But not the appeal court ruling declared, only recorded in the 
 transcripts.
Article fifty-first
 
(program the book) 
 judgment in accordance with the provisions of special provisions, shall record the name by the referee, gender and age, occupation, live 
 or residence; for judgment, and shall record the prosecutor or the private prosecutor, defender and agent's name 
. The 
 judgment originally, should be to judge presiding magistrate signature; the accident can not be signed, by the capital 
 judge the cause is still deep magistrate; accident, the presiding judge shall note the.
Article fifty-second
 
(the judgment, the indictment, not to prosecute book of the original production) of the judgment or written 
 referee record shall be in accordance with the original, the clerk had made, cover with the court 
 printing, and note that with the original is. 
 the provisions of the preceding paragraph, in the prosecutor's indictment and not to prosecute book original permit.
Article fifty-third
 
(non civil service since writing the book program) 
 documents by non civil service producers, shall record the year, month, day and. The non self signed by the author, 
 people, not the signer, should make the allograph name, by my seal or fingerprint. But as 
 person, should be recorded on the cause and signature.
Article fifty-fourth
 
(Juan Zongzhi. With the loss 
) on litigation documents, the court shall be kept by the Secretary for. The 
 volume loss case processing, another law set.

   ArticleSixChapterService

Article fifty-fifth
 
(to serve people and service places Chen Ming) 
 defendant, private prosecutor, told people, incidental civil lawsuit parties, agents, counsel, assistant 
 or the victim to accept delivery of the documents, should its domicile, residence or office to the court or the prosecutor 
. The victim's death, by his spouse, children or parents to Chen Mingzhi. As in the seat of the court without 
 domicile, residence or office, Chen Ming in the domicile, residence or office supply 
 as agent of human. Chen Ming 
 referred to in the preceding paragraph, the effect at all levels and in the same place. 
 served to the process agent is, the service shall be deemed to.
Article fifty-sixth
 
(entrust service) 
 provided in the preceding article, in prison or jail people, not applicable. 
 served in prison or jail people, should entrust the supervision of the executive.
Article fifty-seventh
 
(mail) 
 to service is not for the fifty-fifth Chen Ming, and his domicile, residence or office as a clerk 
 the knower, also to the service; and the service of documents will be registered.
Article fifty-eighth
 
(served on the 
 prosecutor) for prosecutors to, shall apply to the prosecutor the prosecutor; not in office premises, 
 to the chief prosecutor.
Article fifty-ninth
 
(publication (a) - reasons) 
 defendant, private prosecutor, told people or incidental civil litigation, under any of the following circumstances, publicity for 
 delivery: a 
, live, home, office and place. 
 two, registered mail and cannot achieve. Three, because of living in 
 right not to, not to other delivery methods.
Article sixtieth
 
(publication (two) - procedure and effective date) 
 publication by the clerk respectively by the court or the prosecutor, attorney or attorney license, 
 except the will should be served the documents or the section of this post on the court at the outside, and should be based on its copy in a newspaper 
, or appropriate to the notice or. 
 service referred to in the preceding paragraph, since the last in a newspaper or inform the date of the announcement, the thirty day happening.
Article sixty-first
 
(send Master served) 
 serve documents by the judicial police or postal authorities. 
 instruments for the judgment or ruling, not to prosecute or deferred prosecution books, the person should be received the certificate 
 column certificate, records and signatures to accept the service matters.
Article sixty-second
 
(provisions of the civil procedure law to apply) 
 serve documents, unless there are special provisions in this chapter, the quasi in civil procedure law.

   ArticleSevenChapterThe period

Article sixty-third
 
(date of call notification obligations) 
 presiding judge, judge, the judge ordered prosecutors to regularly or on line procedure, should be summoned or 
 inform litigant make it. But the litigant the presence or specifically provided in this law, limit this not in 
.
Article sixty-fourth
 
(change the date or extension) 
 date, unless otherwise specified, non important reasons, shall not be altered or extended. 
 period the alteration or extension, shall notify the litigation.
Article sixty-fifth
 
(during the calculation of 
) during the calculation, according to the civil law.
Article sixty-sixth
 
(excluding transit period 
) should be within the statutory period for litigation behavior, its domicile, residence or office, not in the seat of the court 
, calculation of the period shall be deducted when, in the way of. The preceding paragraph shall be deducted 
 in transit, by the judicial administrative Supreme authority.
Article sixty-seventh
 
(back (a) - condition) 
 non negligent, delay the appeal or retrial petition, complaint, or claims to revoke or change the presiding judge, judge, the judge ordered 
 ruling or prosecutors command period, on the five day after eliminating the causes 
, please restore sound. 
 allowable agent case, the agent's faults, as my.
Article sixty-eighth
 
(back (two) - application procedures) 
 retrial because delayed appeal or counterappeal or request for reinstatement period, should take the book to the law 
 institute. The delay for cancellation or alteration of the presiding judge, judge, the judge ordered a ruling or procuratorial 
 officer command period, to the jurisdiction of the court of claims. 
 non negligent delay causes and elimination during the period, should be in book form inside. 
 apply for reinstatement, should also fill line during internal to litigation.
Article sixty-ninth
 
(back (three) - for the 
) back the request by the court, claims and litigation supplementary behavior with the referee of the 
; as the court that it claims should permit, shall provide opinions, the appeal or protest and sent the case by the court with superior 
 discretion. 
 was issued for the referee to restitution claims court before the stop, the original judge.
Article seventieth
 
(back (four) - back for reconsideration period) 
 delay for reconsideration period, right before the provisions of article three, the prosecutor to reply.

   ArticleEightChapterSummons and arrest the defendant

Article seventy-first
 
(a written summons) 
 summons the defendant, application. 
 summons, shall contain the following items: a defendant 
, name, sex, age, nationality and domicile. Two, 
. Three, we should 
 to date, time. 
 four reasons not to, without proper attendees, life. 
 told name unknown or because of other circumstances when necessary, should record the discriminant features. The domicile of origin, age, 
 domicile or residence, unknown, from the record. 
 summons, in the investigation by the prosecutor in the signature by the presiding judge or magistrate judge ordered.
Article 71-1
 
(to a notice of inquiry) 
 judicial police officer or the judicial police, the suspect crime investigation and collect evidence necessary, 
 use notice, inform the criminal suspect. By legal notice, without justifiable reasons not to 
 field, was submitted to the prosecutor issued an arrest warrant. 
 notice referred to in the preceding paragraph, by the judicial police officer in charge of signature, the matter should be recorded, mutatis mutandis article 
 two first to third models.
Article seventy-second
 
(summoned orally) for the 
 scene, the following should be to date was, when, if not at the premises and may order the arrest 
, and shall be noted in the record notice of the same, and shall have effect; the book like life by Chen Ming to 
 field, also.
Article seventy-third
 
(called the defendant in prison) 
 parties in prison or jail accused, should inform the prison.
Article seventy-fourth
 
(the validity of (a) - summons to interrogation) 
 defendant summoned attendees, except indeed have accidents, should be called to ask.
Article seventy-fifth
 
(summoned effect (two) - arrest) 
 defendant legally summoned reason not, without proper attendees, to arrest.
Article seventy-sixth
 
(an arrest reason) 
 major criminal suspects and defendants, under any of the following circumstances, without an arrest: 
 summoned a certain place, no or. Two, 
 escape or evidence to be considered flee the danger. Three, 
 evidence to be believed, forged, altered or annihilation of evidence or witnesses colludes with danger. 
 four, made for more than five years in prison for the crime and the death penalty, life imprisonment, or a minimum.
Article seventy-seventh
 
(arrest warrant of arrest -) 
 defendant, application. 
 warrant, shall contain the following items: a defendant 
, name, sex, age, native place and live. But the age, place of origin, live, in 
 are unknown, from the record. Two, 
. Three, the 
 arrest. Four, the 
 should surrender. 
 seventy-first third and four of the rules, to warrant shall apply.
Article Seventy-eighth
 
(arrest (two) - executive organs) 
 detention officer, by the judicial police or judicial police, and limit its execution. 
 warrant to count, divided into several individual.
Article seventy-ninth
 
(arrest (three) - executive program) 
 warrant should prepare two Lian, execution of arrest, should be based on a stock exchange or the defendant.
Article eightieth
 
(arrest (four) - disposal to implement after 
) execution of arrest, to warrant records executive place and year, month, day, time; if not executed 
, record the reasons, by the executive signatures, forward to life detention.
Article eighty-first
 
(area outside the police arrest) 
 judicial police or judicial police officer whenever necessary, in outside the jurisdiction of arrest or execution, judicial request the 
 police officer.
Article eighty-second
 
(his arrest) 
 judge or prosecutor may warrant shall be issued by the particulars, entrust the location of prosecutors arrest 
 defendant; if the defendant is not in the land, the prosecutor may entrust the local prosecutor.
Article eighty-third
 
(of servicemen of arrest) 
 defendant for servicemen, the arrest warrant to the chief executive to assist.
Article eighty-fourth
 
(wanted (a) - statutory reasons) 
 defendant to escape or hide, had wanted.
Article eighty-fifth
 
(wanted (two) - wanted the book) 
 wanted the defendant, application wanted. 
 wanted the book, shall contain the following items: a defendant 
, name, sex, age, nationality, residence, living, and other adequate identification. But the age, nationality, residence, lived unknown, from the record. In two, the 
. Three, the 
 wanted. 
 four, date of crime,. But the day when, where, unknown, from the record. Five, the 
 should surrender. 
 wanted the book, in the investigation by the prosecutor or the chief prosecutor in the signature by the president of the court, the trial.
Article eighty-sixth
 
(wanted (three) - Method) 
 wanted to wanted notice, near or around the prosecutor, the judicial police agency; when it is necessary, 
 and in a newspaper or by other methods.
Article eighty-seventh
 
(wanted (four) - effect and revocation) 
 wanted through notice or public announcement, prosecutors, judicial police officers to arrest the accused or arrest. 
 stakeholders, it wanted to arrest the defendant, the prosecutor, judicial police officers or request inspection 
 prosecutor, judicial police officers arrested. 
 wanted for the reason to destroy or has no when necessary, shall be. 
 revocation wanted notice or announcement, apply to the preceding article.
Article eighty-eighth
 
(the current criminal and quasi criminal) 
 flagrante delicto, don't ask anyone to arrest. 
 crime in the implementation or after the implementation of instant finders, as the current. 
 under any of the following circumstances, with the criminal theory: 
, was called a crime. Two, 
 for possession of weapons, stolen goods or other objects, or to the body, clothes etc. contain traces of the crime, 
 significant suspected crime.
Article 88-1
 
(an arrest) 
 prosecutor, judicial police officer or the judicial police criminal investigation, under any of the following circumstances and the urgency of the situation are 
, may simply have arrest: one, because 
 flagrante delicto confession, and there is sufficient evidence to suggest that the suspected accomplice. Two, in the implementation of 
 or prison escape. Three, 
 evidence to be considered major criminal suspects, been questioned and escape. But made the most significant of the 
 punishment for one year in prison, detention or specialist penalty crime, the limit. Four, 
 committed to death, life imprisonment or a minimum sentence of five years in prison for suspected crime, heavy 
, there is sufficient evidence to suggest that flee the danger. 
 the arrest to officer, from execution, without warrant; by the judicial police officer or the judicial police 
 execution, the urgent situation than the report is limited to the prosecutor, after execution, shall immediately report to the 
 officer to issue. If the prosecutor not to issue a warrant of arrest, should be detained to release. The 
 130th and one hundred and thirty-one paragraph, in the first case mutatis mutandis. But 
 shall report to the prosecutor. 
 prosecutor, judicial police officer or the judicial police, according to the first paragraph of program arrest of the suspect, 
 shall inform themselves and their families, to appoint defense.
Article eighty-ninth
 
(arrest attention) 
 executive detention or arrest, should the body and pay attention to the defendant.
Article ninetieth
 
(mandatory arrest) 
 defendant resist arrest, arrest or escapee, binding force with compulsory or arrest. But not more than the necessary degree of 
.
Article ninety-first
 
(arrested the defendant over) 
 arrest or because the defendants wanted arrested, should that over a designated place; such as twenty-four hours cannot reach 
 to a designated place, should be the life of arrest or wanted to court or prosecutor, leading to a 
 near the courts or procuratorial organs, interrogation he had No.
Article ninety-second
 
(to arrest flagrante delicto) 
 no criminal jurisdiction of arrest flagrante delicto, shall be sent to the prosecutor, judicial police officer or judicial 
. 
 judicial police officers, the judicial police arrested or accept the offenders, shall surrender the. But the most 
 committed heavy the punishment for one year in prison, detention or a fine, or crime specialist told the request of the crime 
, telling or request has been withdrawn or more than tell period, to permit the prosecutor, no solution 
 send. For the first 
 arrest flagrante delicto, shall exercise its name, domicile or residence and arrest.
Article ninety-third
 
(instant interrogation) 
 defendant or criminal suspects by arrest or arrest arrived at the scene, is called. 
 investigation by prosecutors questioned, recognize the need of detainees, since the detention or arrest of twenty 
 within four hours, explain the reason for detention, the court for custody. 
 under the aforesaid circumstances, without the applicant, the prosecutor should be the defendant. But if that is necessary 
 101st 
 first or 101st one of the first sections of the circumstances and silent please custody, authorized to pay, or limit the liability of life living; if not, the responsibility to pay or under house arrest, and 
 necessary cases, still may apply to the court for custody. The 
 the provisions of the preceding three paragraphs, the prosecutor accepts the court in juvenile law or military trial of the authority in accordance with the army 
 judgment method to the defendant, apply. 
 court for acceptance before the three detained, shall immediately. But to night has not yet completed 
 interrogation, or late at night before accepting the applicant, the defendant, defenders and people request the court to 
 next day to the defendant to help people. The court without legitimate reason, shall not refuse. The proviso of the 
 late at night, from eleven to eight tomorrow morning to the afternoon.
Article 93-1
 
(not the timing of 
 interrogation) ninety-first and the preceding article second paragraph twenty-four hours, under any of the following circumstances, the time will not be 
. But there shall be no delay: unnecessary 
 one, due to traffic disorder or other force majeure reasons students have hysteresis. Two, on the way to 
. 
 three, according to the 100th paragraph three paragraph shall ask. 
 four, because the defendant or criminal suspect body health of unexpected reasons, in fact not interrogation. 
 five, the defendant or suspect that has chosen a defender, wait for the defenders to not dispatch by 
 ask. But the wait time shall not be more than four hours. The intelligent obstacle cannot complete statement, 
 wait for thirty-fifth third notice the people present did not accompany the presence by interrogators, also 
. 
 six, defendant or criminal suspects should be made by the interpreter translation, the interpreter does not wait for the scene to interrogation. 
 but waiting time shall not be more than six. The 
 seven, the prosecutor or the responsibility to pay the life, in holding or climate responsibility to pay. But holding or climate responsibility 
 pay time shall not be more than four hours. Eight, the 
 suspects by the court. 
 mentioned in the preceding paragraph shall not pass the time. 
 disorder because of the first reason induced the statutory twenty-four hours can not be transferred to the court, prosecutors 
 please custody, and should be the interpretation of its.

   ArticleNineChapterThe interrogation

Article ninety-fourth
 
(people don't interrogate) 
 interrogation of a defendant, should first consult their name, age, nationality, occupation, domicile or residence, to check their 
 has no error, such as a mistake, should.
Article ninety-fifth
 
(interrogation of a defendant should inform the matters) 
 interrogation of a defendant should inform the following matters: a 
, criminal suspects and committed all. Charges by informed, that should change, should inform you again. 
 two, to remain silent, no violation of their meaning for the. Three, 
 may retain defense. 
 four, request survey favorable.
Article ninety-sixth
 
(interrogation methods (two) - True Crime suspected) 
 interrogation of a defendant, and to clarify the crime suspect opportunities; if true, should be the whole of the continuous Chen 
; their statements favorable evidence, shall order it to that the proof of.
Article ninety-seventh
 
(interrogation methods (three) - have been separated for interrogation and confrontation) 
 told several people, should be questioned; the unexamined, shall not. But because the real 
 found necessary, order the confrontation. The defendant may claim. Request for the 
 confrontation, in addition to show no necessary, shall not.
Article ninety-eighth
 
(questioning attitude) 
 interrogation of a defendant should be a sincere attitude, not by violence, coercion, inducement, fraud, fatigue and interrogation 
 or other abnormal.
Article ninety-ninth
 
(interrogation methods (five) using the interpreter) 
 defendant for deaf or dumb or language, with the interpreter, and can be ordered in the text or text interrogation.
Article 100th
 
(written statement of the accused the defendant of the crime) 
 confessions and other adverse statement, and the statement of facts and evidence favorable that 
 Ming method, should be recorded in the record.
Article 100-1
 
(audio, video data) 
 interrogation of a defendant, should be full continuous recording; when necessary, and should be full of continuous. But the urgent situation 
 and shall be noted in the record, the limit. In the 
 transcripts of statement of the accused and the audio or video content not, except for the circumstances 
 proviso, the inconsistent parts, not as. The first item 
 recording, video data storage method, respectively, by the Judicial Yuan, the Executive Yuan set.
Article 100-2
 
(this chapter apply the 
) the provisions of this chapter, to the judicial police officer or judicial police interrogate suspects, apply.
Article 100-3
 
(for case night query) 
 judicial police officer or judicial police asked the suspect, not in the night. But one of the following 
, this restriction does not apply to: A, 
 subjected to ask express consent. 
 two, at night the detention or arrest the scene and he had no error checking. 
 three, the prosecutor or judge permission. Four, 
 urgent situation. 
 suspect requests immediately asked, should immediately. 
 that night, as the sunrise, not.

   Article10ChapterThe defendant in custody

Article 101st
 
(custody - elements) 
 defendant by the judge questioned, think the major criminal suspects, and any of the following circumstances, non to custody, 
 was difficult to prosecution, trial and execution, detention of a: 
, escape or evidence to be considered of escape. Two, 
 evidence to be believed, forged, altered or annihilation of evidence or witnesses colludes with danger. 
 three, made for more than five years in prison for the crime and the death penalty, life imprisonment, or a minimum. 
 judges to be questioned, the prosecutor may present statements claim custody of the reasons and puts forward the necessary permits 
. The first 
 each item based on facts, should inform the defendant and his counsel, and recorded in the.
Article 101-1
 
(custody - elements) 
 defendant by the judge, that made the following of the crime, the important evidence to be suspected, that 
 repeatedly committing the same crimes of danger, and the necessary to detention, detention of 
: one, article 174th of the criminal law of the first, second, fourth, 175th the first 
 items, second items, 176th quasi arson. The 
 two, article 221st of the criminal law of the mandatory into sin, 224th compulsory indecency, 
 one of 224th aggravating compulsory indecency, article 225th to coitus 
 indecency, 227th young men and women with sexual intercourse or indecency, 277th 
 first injury. But it shall be told indeed, without telling or tell has withdrawn 
 or more than tell period, the limit. 
 three, article 302nd of the criminal law of nuisance free. 
 four, article 304th of the criminal law, the crime of forced 305th threats endanger the safety of. 
 five, article 320th of the criminal law, article 321st theft. 
 six, article 325th of the criminal law, article 326th snatch. 
 seven, article 339th of the criminal law, article 339th three fraud. 
 eight, article 346th of the criminal law of blackmail. Article second, third of the 
 provisions, for the aforesaid case mutatis mutandis.
Article 101-2
 
(custody - elements) 
 defendant by the judge questioned, although the need to have 101st paragraph 1 or 101st one of the first 
 sections of the circumstances without the detainee, authorized to pay, life responsibility or limit the residence; the 
 has 114th sections of the circumstances, non not to pay or limitation of liability, residence 
 circumstances, shall not.
Article 102nd
 
(custody - and ticket) 
 custody defendants, application and. 
 and ticket, shall be in accordance with the fingerprints, and contain the following matters: a defendant 
, name, gender, age, place of birth and residence or. Two, the 
 and breaking the law. In three, 
 grounds for detention and the basis. Four, we should 
 custody. 
 five, custody and starting. Six, such as 
 relief against the detention punishment. 
 seventy-first third the provisions of item, and apply for tickets. 
 and ticket, the judge.
Article 103rd
 
(detention and execution) 
 executive detention, investigation by prosecutors in the trial of command: according to the presiding judge or judges by the judicial police command, 
 defendant over specified detention center, the official inspection people don't correct, should be in charge 
 tickets from the solution to the year, month, day when. 
 executive detention, and ticket should be sent to the prosecutor, the defender, the defendant, and the specified 
. 
 eighty-first, eighty-ninth and ninety shall apply for enforcement, custody.
Article 103-1
 
(for changing custody premises) 
 investigation prosecutor, defendant or his lawyer can maintain the lockup and prisoner security or other positive 
 when cause, to change the detained in custody court. 
 court referred to in the preceding paragraph for change the custody premises, shall immediately notify the prosecutor, the defence 
, defendants, and the specified.
Article 104th
 
(delete)
Article 105th
 
(the method of detention) 
 bundle in custody accused, should be to maintain the goal of custody and charge of the order of the necessary. 
 the defendant have owned food and daily necessities, and with outsiders, communication, received by the grant of books and other 
. But Joab the monitor or review of. 
 court that the defendant be met, communication and by the grant object from their escape or annihilation, forged, altered or hook on the evidence 
 accomplice or witness, must according to prosecutors for or on its life ban or 
 seizure. But the prosecutor or the charge of the meeting the urgent situation, must provide necessary measures, and shall immediately report the 
 court approval. In the 
 to prohibit or seizure, the object, scope and duration of the procuratorial investigation officer; trial by, 
 sentenced by judge or appointed to judge appointed and directing the detention center for. But not limit the rights of the defendant as anti 
 royal. The evidence to be considered 
 non violence or fled, the danger of Dutch act, shall not be bound to it. Bound to dispose of 
 body, limited to the urgent circumstances, by the chief executive and the court, and shall immediately report 
 approval.
Article 106th
 
(and the inspection) 
 detention accused of the premises, the prosecutor should diligently to inspect, in every case report will visit the chiefs, and 
 notice.
Article 107th
 
(detention revocation) 
 detained at the reason destroyed, shall revoke custody, the accused. 
 defendant, defenders and to the defendant to help people may apply to the court to cancel. Prosecutors in the investigation 
 also to revoke custody upon the request of the. 
 court for the application to the defendant, the defendant counsel or to help people statement. 
 investigation by prosecutors please cancel the detention of persons, the court shall revoke the detention, prosecutors have to apply when the first 
 for release. 
 investigation in the revocation of the detention, in addition to the prosecutor applicants, should consult the prosecutor.
Article 108th
 
(detention period) 
 detention shall not be more than the defendant, investigation in February, the trial shall not exceed. But necessary to 
 custody, in period is not full, the court in accordance with the provisions of article 101st or 101st of 
 interrogation of a defendant, to decide to extend the. Prolong the period of detention in criminal investigation, by the prosecutor of specific 
 reason, to later than the expiration of the period of five days before the court of claims. 
 the ruling, in addition to the court the proclaimer, during under prior to the original to the defendant, the extension of 
 custody. Upon the expiration of the term of detention, extended detention orders without legal service, deemed withdrawn custody. The 
 custody trial period, since the file and evidence to court the day. During the prosecution or the referee after sent to the custody before the 
 custody during investigation or the trial court in. 
 custody since the date of issue and ticket. But during the custody before the arrest, detention, a day reduced 
 before judgment day after day in custody. 
 extended custody, investigation shall not be more than February, to extend the time. The trial shall not be more than 
 each February, as made the heavy this sentence of ten years in prison the following punishment, the first trial, second instance 
 is limited to three times, the third trial is limited to one time. Cases of detention 
 returned, the extension of the period number, should be updated. 
 has full custody without charge or judge, as to revoke the detention, the prosecutor or the court should be the defendant 
 release official release; the defendant, and shall immediately notify the. 
 in second and the deemed withdrawn detainees, to release, in the investigation, the prosecutor may apply to the court to order the defendant to pay 
, or limit the liability. If not, the responsibility to pay or under house arrest, and 
 necessary, and must be attached to the specific reasons for the court in all 101st or 101st of the 
 one shall continue after the interrogation of a defendant in custody. The trial, court life, responsibility to pay or restrict 
 Ju; if not, the responsibility to pay or limit the residence, but it is necessary, and in accordance with the provisions of article 101st or 101st of 
 remain in custody after the interrogation of a defendant. But the criminal to seven years in prison for the death penalty, crime and punishment or 
 free period. The punishment, the court investigation in the case, in accordance with the request 
 officer; on the trial case, in accordance with its authority, in accordance with the provisions of article 101st may continue after the interrogation of a defendant 
 custody. 
 during the above-mentioned period remain in custody of themselves as the date of revocation of detention, in February only, not. 
 continued detention period expires, shall immediately release. 
 111st, 113rd, 115th, 116th, 110th 
 six two, 117th, 118th, 119th, paragraph 1 hereof, the 
 in eighth, responsibility to pay or limit the respondent must.
Article 109th
 
(detention withdrawal (three) - more than sentence) 
 case appeal, the defendant in custody for more than the original judgment sentence, shall revoke the detention, 
 will. But prosecutors to benefit not the defendant appeal, orders, or limit the responsibility to pay 
 residence.
Article 110th
 
(letter of request to stop detention) 
 defendant and have to help people or defender, may at any time to request the court to stop. 
 prosecutors in the investigation may apply to the court to order the defendant to stop. 
 before two to stop detention review, quasi with 107th third. To stop the investigation into custody 
 court decision, in addition to 114th and second of this article 
 cases, should consult the prosecutor.
Article 111st
 
(permission to stop detention conditions) 
 license to stop detention shall be made the applicant, guarantee, and specify a guarantee. 
 guarantee to the honest people of the area are limited, and that the amount should be recorded in accordance with the law to pay 
 and. 
 designated security amount, such as for people willing to pay may from third to pay, no assurance. 
 pay margin, have promised to the negotiable securities. 
 permission to stop detention request, may limit the defendant.
Article 112nd
 
(bail (two) Limited - margin) 
 accused of committing crime specialist fine, which shall not be more than the specified amount, the maximum penalty.
Article 113rd
 
(bail (three) - effective date) 
 license applicants should stop custody, to accept the letter of guarantee or surety, stop the detention, the accused 
.
Article 114th
 
(barge echo please stop detention limit) 
 detention of the accused, under any of the following circumstances, such as to stop by for custody, shall not reject: 
, made a most heavy the punishment for less than three years imprisonment, criminal detention or a fine crime specialist. But the recidivism 
, professional crime, crime of habits, parole more crime or in one of 101st the first 
 a detainee, the limit. In May two, 
 pregnant or not full production in February. Three, 
 now suffers from disease, non medical treatment was difficult to cure.
Article 115th
 
(stop custody (two) - duty paid) 
 custody of the accused, not to pay for life and are responsible for its help people or the tube within the region. 
 when other people, stop. 
 be paid, shall be issued by the certificate, such as the summons shall order the defendant at.
Article 116th
 
(stop custody (three) - restricted residence) 
 custody of the defendant, not to limit the life and living, stop.
Article 116-1
 
(the law of quasi with 
) 110th second to fourth the provisions of item, in front of two duty pay restrictions apply, residence.
Article 116-2
 
(compliance matters should be permitted to stop detention) 
 court permission to stop detention, may order the defendant shall comply with the following provisions: 
, regularly to the court or a prosecutor. Two, not to 
 victims, witnesses, appraisers, handle the case investigation, trial or the civil servants with 
 I, lineal relatives by blood, three dear within the collateral relatives by blood, two dear within the in laws, parents, family members 
 body or property damage or threat. 
 three, by 114th in the third section of the situation to stop the detainees, in addition to the daily life and occupation of the 
 necessary, without court or prosecutor license, and shall not engage in the purpose of treatment obviously irrelevant 
. 
 four, other court thinks fit.
Article 117th
 
(and then execute detention causes) 
 stop detaining after any of the following circumstances, life and then execute custody: 
 one, the reason is not legal summons without proper. Two, 
 by residence restrictions against. Three, the case 
 new 101st first, 101st one of the first sections of the 
 circumstances. 
 four, against the court in accordance with the prescribed in the preceding article by shall comply with the matters. Five, 
 committed to death, life imprisonment or a minimum sentence of five years or more in prison of the crime, circumstances stop told 114th third for 
 paragraph after the detention, detention reason stop has been eliminated, and still have 
 custody. In the case of 
 investigation by prosecutors, please court. 
 then execute the custody period, should stop custody has been during the merger. 
 court in accordance with paragraph 1 life and then execute custody, quasi with 103rd first.
Article 117-1
 
(Jing life to pay, responsibility, limited living with the 
 quasi) before the two regulation, to prosecutors in article ninety-third paragraph third or 228Th fourth 
 term life, responsibility to pay directly, under house arrest, or the court in accordance with Article 101st to two life, the responsibility 
 Fu Jing, restricted residence in the case, apply. 
 court under the preceding paragraph shall detain the defendant, 101st, is one of 101st 
. Prosecutors asked the court custody offenders, provisions of the second paragraph of ninety-third. For the first 
 provisions from the detainees, to.
Article 118th
 
(margin not into 
) with the jumper, shall be paid with the specified amount of the guarantee, and not into the. Do not pay 
, compulsory execution. The deposit has been paid, not in. 
 the provisions of the preceding paragraph, the prosecutors in the ninety-third paragraph third and two hundred and twenty-eight to fourth life 
, apply.
Article 119th
 
(exempt securities liability and surrender), then perform 
 revoke custody custody, not to prosecute effect or due to referee and detention extinguished, 
 exempt securities. 
 securities certificate or pay margin of third, will be ready for the escape, to prevent the occasion 
 report to the court, the prosecutor or the judicial police officer and apply for surrender, the judge or prosecutor allowed. But otherwise provided, the provisions of. 
 exempt securities liability or surrender, should guarantee the cancellation or will end not into that blonde. A 
 before three, to be paid in.
Article 120th
 
(delete)
Article 121st
 
(ruling on the action or command authority detention) 
 107th paragraph 1 of article 109th revoke custody, life, the responsibility to pay or restrict 
 Ju, 110th first, 115th and one hundred and sixteen, the first stop in custody 
 hundred eight paragraph 1 of the margin, not into 119th second a surrender to court, the cutting 
 fixed line. 
 cases in the third trial on appeal, and file and evidence has been sent to the court, the disposition, detention and other matters concerning 
 detention punishment by the second instance court, ruling. 
 court of second instance for the ruling, to the third instance court certiorari and. 
 prosecutors in second of the 118th did not enter the margin, 119th second and ninety-three of the surrender 
 paragraph third, 228Th to fourth life, duty paid or restrict 
 Ju, in the investigation by prosecutors command line.

   ArticleOne oneChapterSearch and seizure

Article 122nd
 
(search object) 
 body for the defendant or criminal suspect, objects, electromagnetic records and residential or other premises, when necessary 
 search. 
 body for third people, objects, electromagnetic records and residential or other premises, to have substantial reasons can be 
 letter for the defendant or criminal suspect record or seizure or electromagnetic are limited, so the search 
.
Article 123rd
 
(search constraints (a) - Search women) 
 search women's body, should be life for women. But not all of them by women, the limit.
Article 124th
 
(search should note) 
 search should keep a secret, and should pay attention to search the.
Article 125th
 
(certificate given by the search 
) not found should be seized items, cope with the certificate for the search.
Article 126th
 
(a limit (a) - general public property, public documents) 
 government or civil possession or custody of documents and other items shall be detained, request. But whenever necessary to search.
Article 127th
 
(search the limit of military secrets Office) 
 military secret place should be, to the chief executive of permit, shall not. 
 under the aforesaid circumstances, in addition to a major national prejudice interests, not.
Article 128th
 
(search ticket) 
 search, tabu search. 
 search ticket, shall specify the following items: a 
. 
 two, should search for the defendant, criminal suspects or seizure. But the defendant or criminal suspect is unknown 
, have not written. Three, 
 premises should be added to search, body, object or electromagnetic. 
 four, the valid period, if not executive search and search after search ticket should be returned to the. 
 search ticket, the judge. The judge and to search for the enforcement personnel on the ticket, proper indication. 
 ticket issued search procedures, not open.
Article 128-1
 
(search for issuing tickets) 
 investigation prosecutors think necessary search, in addition to 131st second of the cases, should be specified in the written 
 mentioned in the preceding second paragraphs matters, and the reason for the tube, issued by the court 
 search. 
 judicial police officer for the investigation of crime suspects and collecting evidence, considered the search when necessary, in accordance with the provisions of the preceding paragraph 
, submitted to the prosecutor court issuing license pipe, to the. The 
 before two for the court, not a statement.
Article 128-2
 
(Search Executive) 
 search, except by a judge or prosecutor Guanqin since the implementation, by the prosecution officials, judicial police officer or judicial 
 police. 
 procuratorial affairs officer for the execution of search, when necessary, may request the judicial police officer or judicial police.
Article 129th
 
(delete)
Article 130th
 
(with search) 
 prosecutor, procuratorial affairs officer, judicial police officers or judicial police arrest the defendant, criminal suspects or the 
 for arrest, detention, no search warrant, may directly search the physical object, carry, the 
 use of transportation tools and immediately accessible.
Article 131st
 
(direct search) 
 under any of the following circumstances, the public prosecutor, procuratorial affairs officer, judicial police officer or the judicial police, no 
 search ticket, may simply search for residential or other premises: one, because the 
 arrest, criminal suspects or execution of arrest, detention, a fact that the defendant or criminal suspect does 
. Two, because 
 flagrante delicto arrest people chase or escape, escape or criminal evidence to be considered people do. Three, 
 has obvious facts letter to someone, but situation urgent crime. 
 prosecutors in the investigation have a reason to believe that the urgency of the situation, not rapid search, twenty-four hours 
 evidence is forged or altered, or hidden danger of annihilation, may simply have the search command, or the officer 
, judicial police officer or the judicial police executive search, and layer inspection inspection. 
 top two search, by the prosecutor for the implementation, shall within three days after the report of the tube by the court; 
 affairs officer, judicial police officer or judicial police who, within the tube should report the 
 Department prosecutors and three days after the date of implementation. The court should not permit, shall within five days cancellation. 
 first, second search after the execution did not report the court or the court revoked, the trial method 
 Institute announced the buckled up things, not as.
Article 131-1
 
(Consent Search) 
 search, to search for the voluntary consent, not to use the search. But executives should be out 
 shown documents, and the intention of the agreement is recorded in the transcript.
Article 132nd
 
(
 resist forced search) search, to force search. But no degree more than necessary.
Article 132-1
 
(search results reprots) 
 prosecutor or the judicial police officer to apply search ticket issued by the execution, the execution results report should be issued 
 search ticket court, if not execution, shall state the.
Article 133rd
 
(a subject) 
 or seized as evidence, to arrest. 
 for all people should be seized, the holder or the custodian, order the proposed or.
Article 134th
 
(a limit (two) - secrecy public property, public documents) 
 government organs, civil servants or worked for the civil servants who holds or custody of documents and other objects, such as 
 for its duties shall keep secret, without the supervision authorities or public official permission, may not. The 
 allowed, but a violation of the national interests, not.
Article 135th
 
(a limit (three) - Post) 
 postal or Telecommunications Authority, or perform postal affairs personnel hold or keep the mail, telegraph, is 
 following one, have a 
: A, there are substantial grounds for confidence with this case. Two, for the 
 or sent to the defendant. But the mail, contacts and defender of the telegraph, to think 
 crime evidence or annihilation, forged, altered or colludes with evidence or witness danger, or the defendant has been limited 
 fugitive. 
 detained as prescribed in the preceding paragraph, shall immediately notify the mail, telegraph to send or receive. But in the procedure have 
 hindrance, the limit.
Article 136th
 
(the executing organ of attachment) 
 seizure, except by a judge or prosecutor Guanqin since the implementation, order the prosecution officials, judicial police officers or police department 
 method. 
 life prosecution officials, judicial police officer or the judicial police detained persons, should be on the cross and the search ticket in 
, record the.
Article 137th
 
(with seizure) 
 prosecutor, procuratorial affairs officer, judicial police officer or the judicial police to perform a search or seizure, found the 
 case should be a matter for the search ticket is not recorded, also the seizure. 
 131st third the provisions of item, for the aforesaid case mutatis mutandis.
Article 138th
 
(compulsory seizure) 
 owner should be seized, the holder or the custody of reason to reject the proposed or delivery or resist the buckle 
 and without a legitimate, coercive force to arrest.
Article 139th
 
(disposal after the attachment of (a) - receipt, sealed) 
 seizure, should produce a receipt, keep in mind the names of attachment, to all people, the holder or the custody. 
 distraint, shall be sealed up or other identification, by the authority or seizure of civil servants.
Article 140th
 
(disposal after the attachment of (two) - guard, custody, destroy) 
 attachment for the loss or damage, prevention, should be appropriate. 
 inconvenient move furosemide nit 9 Brassica campestris chalky what Zhengmei silk word Wu Li Xing Si Zha Lu m when people. 
 is dangerous attachment, to destroy.
Article 141st
 
(disposal after the attachment of (three) - auction) 
 have seized seized a loss, damage or inconvenience of Yu keeper, auction, keeping the price.
Article 142nd
 
(the reimbursement of necessary attachment) 
 seized without retained, not to be the case in the end, should court ruling or prosecutors command 
 be returned; the Department of stolen goods without the third human rights advocates, it shall return. 
 attachment for all people, the holder or the custodian's request, order the custody of the responsibility, interim.
Article 143rd
 
(retained substances shall apply mutatis mutandis to the criminal suspect or 
), third people left in the scene of the crime object, or all, or the holder 
 tube any proposed or delivery of material, the retained, with the first four quasi.
Article 144th
 
(need to offer search, seizure 
) because of the search and seizure of lock shut, sealed or other necessary. 
 detained or search, have cordoned off the area, prohibited personnel leave, or referred to in the preceding article prohibits the 
 defendant, criminal suspects or the third person outside into the. 
 to violate the ban, may order the person to leave or by appropriate guards to perform.
Article 145th
 
(search ticket tips) 
 procuratorial, judges and prosecutors, officials, judicial police officers or judicial police executive search and seizure, in addition to 
 without search ticket situation, should be to search ticket shows 148th present.
Article 146th
 
(search or seizure time limit) 
 people living or guarded residence place, not at night in search or. But after living 
 habitat, keeper or may be its representative person commitment or urgent situations, this restriction does not apply to. 
 night search or seizure, shall be recorded clearly it because. 
 day has begun to search or seizure, must continue to. The 
 100th three third provisions, night search or seizure of quasi for.
Article 147th
 
(search, a common limitation of exception) 
 following premises, the night also in search or seizure: a man living 
, parole. 
 two, hotels, restaurants and other public places for night can come in and go out, still in the open time. 
 three, commonly used for gambling, hindrance independent or obstruction of weathering.
Article 148th
 
(search, seizure of the presence of people (a)) 
 at a residence or guarded residence place expert search or seizure, should be life living people, see 
 keep people or for a representative present; if no such people are present, life neighbour or nearby self 
 treatment group staff.
Article 149th
 
(search, seizure of the presence of people (two) 
) in government, military, naval or military secret place expert search or seizure, it shall inform the executive or 
 tube for representative.
Article 150th
 
(search, seizure of the presence of people (three)) 
 parties and the trial counsel in search or seizure. But the defendant in custody, or that it 
 presence to search or seizure a violator, the limit. 
 search or seizure, if necessary, may order the defendant. 
 line search or seizure, and on premises, shall notify the former two to present. But the urgent situation 
, unless.
Article 151st
 
(pause search, seizure punishment for 
) search or seizure suspended, for the necessary of the premises atresia, and orders.
Article 152nd
 
(other seizure) 
 search or seizure, seizure of property found another should also seized, were sent to the courts or procuratorial 
.
Article 153rd
 
(entrust search or seizure) 
 search or seizure, the judge or prosecutor asked the should line search, seizure of the judge or prosecutor 
 line. 
 the judges or prosecutors found in his search, seizure, the judge or prosecutor must turn to 
 asked the judge or prosecutor.

   ArticleOne or twoChapterEvidence

      ArticleAFestivalGeneral rule

Article 154th
 
(PEA) 
 without trial convicted defendants are presumed to be determined before. 
 criminal facts should be in accordance with the evidence, no evidence can not be guilty.
Article 155th
 
(the principle of free proof) 
 evidence by the court for sure, the free. But not in contravention of experience rule and logic method 
 is. 
 no evidence ability, not by legal investigation of evidence, not as a judge.
Article 156th
 
(confession of proof, and Jian Moquan) 
 defendant confession, not for violence, coercion, inducement, fraud, illegal detention or interrogation, fatigue 
 he didn't method, and in accordance with, to. The 
 defendant or the accomplice confession, not only as a guilty verdict evidence, still should investigate other necessary 
 evidence, to observe whether and facts. 
 defendant confession in the Department is not method, should first to other evidence for. The confession 
 as by the prosecutors, court shall order the prosecutor on the confession out of free will, that the proof 
 method. 
 the accused without the confession, and no evidence, not only because of its refusal to report or to remain silent, and that his 
.
Article 157th
 
(with the exception of burden of proof of the (a) - known fact) of 
 publicly known facts, No.
Article 158th
 
(the burden of proof (two) - position outside the known facts) 
 facts in court has significantly, or for the office that is known, No.
Article 158-1
 
(no evidence of parties statements before the 
) two no proof the facts, the court shall Party was the fact of a statement.
Article 158-2
 
(may not be used as evidence in the 
) against one of ninety-third second, 100th three the first paragraph, which of the defendant or criminal suspect has 
 confessions and other negative statements, not as. But the proof of the contrary to non 
 out of spite, and the confession or statement out of free will, the limit. 
 prosecution officials, judicial police officer or judicial police questioned by the detention, arrest the defendant or criminal suspect 
 person, in violation of article ninety-fifth paragraph second, paragraph third of the provisions in the preceding paragraph shall apply.
Article 158-3
 
(may not be used as evidence in the 
) witness, identification of human law should recognize not recognize, their testimony or expert opinion, not as.
Article 158-4
 
(exclusionary rule) 
 except as otherwise provided by law, the implementation of the criminal procedure of civil servants for violation of legal procedures to obtain the certificate 
 according to, there is no evidence that the ability, should carefully examine the protection of human rights and public interest equilibrium.
Article 159th
 
(the hearsay rule applies and exception) 
 accused person outside the words for trial or written statements, with the exception of the law has stipulated, not as 
. 
 the provisions of the preceding paragraph, in 161st second and the court in the simplified trial procedure or simple 
 judgment sentence, not applicable. Its about the detention, search, retention, licensing, the preservation of evidence 
 and other compulsory measures according to law for review, the same.
Article 159-1
 
(the hearsay rule is the 
) accused person other than the trial judge for outgoing for statements, to. The 
 accused person outside in the investigation to the attorney for the state, in addition to explicit the untrusted cases, 
 have.
Article 159-2
 
(the hearsay rule is the 
) in the accused person outside for prosecution officials, judicial police officer or judicial police investigation for statement, the trial 
 and does not comply, the prior trusted statement has a special situation, and to prove the criminal things 
 real existence is necessary, too.
Article 159-3
 
(the hearsay rule applies and exception) 
 accused person outside on trial in any of the following acts in the, the prosecution officials, judicial police officers or 
 judicial police investigation for statement, proved particularly has confidence, and to prove the criminal 
 fact of existence is necessary, to evidence: A, 
. 
 two, physical and mental disorder caused by loss of memory or not stated. Three, 
 stranded abroad or not is unknown or not to summon summon. 
 four, after the court refused to unwarranted statement.
Article 159-4
 
(hearsay) 
 besides first three cases, the following documents also may be used as evidence: 
, except a trusted is not the production duties, civil servants, the record instrument. Two, in addition to the 
 was not credible circumstances, business people for business or business process usually must be 
 records document, certificate. 
 three, except for the first two circumstances, the other special on reliable design of.
Article 159-5
 
(hearsay evidence ability) 
 accused person outside the statement for trial, although not the first four provisions, and by the parties on the trial 
 program agreed to as evidence, court action the verbal statement or written statements made when appropriate, think 
, also have to. 
 parties, agent or defender in the court investigation evidence, known to have 159th first 
 not as evidence, but not before the end of the debate on the verbal statement dissent, as described in the preceding paragraph with 
.
Article 160th
 
(may not be used as evidence) personal views or 
 witness speculated that the words, divided by the actual experience as the foundation above, not as.
Article 161st
 
(the burden of proof of prosecutor) 
 prosecutor defendant criminal facts, bears the burden of proof, and pointed out that the proof of the. The court in the first trial 
 phase recently, that prosecutors that the proof method of insufficient defendant has 
 crime may be, should be ruled regularly inform prosecutors correction; if it fails to 
 correction, the court rejected. 
 rejected the prosecution decision has been determined, the non case has 260th sections of one, not for the same 
 case again. In violation of the provisions of the preceding paragraph 
, re prosecution, shall instruct not to accept the.
Article 161-1
 
(the burden of proof the defendant) 
 defendant was sued the fact that favorable proof.
Article 161-2
 
(the adversary system) 
 parties, agents, counsel or help people put 
 should survey evidence of scope, order and method. 
 court should be referred to in the preceding paragraph the advice for the ruling; when necessary, because the parties, agents, counsel 
 or an application change.
Article 161-3
 
(the defendant confession of investigation) 
 court for evidence to the defendant confession, unless otherwise specified, the non crime on the 
 facts he evidence after the investigation, shall not.
Article 162nd
 
(delete)
Article 163rd
 
(authority survey evidence) 
 parties, agents, counsel or help people may apply the evidence, and to investigate the evidence, 
 questioning the witnesses, authenticators. The presiding judge in addition to think there is improper, shall not be prohibited. 
 court to see real, to investigate according to the authority. But to maintain fairness and justice or the defendant and 
 Yi major matters, the court should investigate according to the authority of the. 
 court investigation evidence as prescribed in the preceding paragraph before, should be parties, agents, counsel or assistant 
 statement.
Article 163-1
 
(survey evidence program) 
 parties, agents, counsel or help people please survey evidence, should take the book detailed account 
 respectively the following matters: 
 one, for investigation of evidence and the facts to be proved. Two, for the 
 subpoena witnesses and expert witnesses, interpreters of the name, gender, residence and is expected to ask the 
 required. Three, 
 application investigation of evidence or other instrument. If only for the evidence documents or the part of the 
 he documents, should be part of the clearly marked. 
 survey evidence for book, he made the copy number should be. The court accepted the copy, shall be promptly sent to 
 amounted to. 
 not put a book like a justifiable reason or the urgency of the situation, to words. 
 under the aforesaid circumstances, the applicant should first of all listed items were Chen Ming, making a record, by the Secretary 
; if he does not present, shall record.
Article 163-2
 
(for investigation and evidence to reject) 
 parties, agents, counsel or help people please survey evidence, the court deems it unnecessary to order, 
. 
 under any of the following circumstances, be considered unnecessary 
: one, not. The fact that no important 
 two, and the evidence of the relationship between. Three, 
 facts to be proved that no investigation has become necessary. 
 four, the same evidence and application.
Article 164th
 
(investigation of common evidence) 
 trial shall be evidence that the parties, agents, counsel or assistant, make it. The 
 evidence such as documents and understand the significance of the accused, should report to.
Article 165th
 
(documentary evidence investigation) records and other 
 file documents as evidence, the presiding judge shall submit to the parties, agents, defense 
 or assistant to read or to. The documents related to 
, weathering, public security or damage the reputation of others may be given to the party concerned, 
, agent, counsel or help people reading, not read; if the defendant did not understand its meaning, should report to.
Article 165-1
 
(investigation of new evidence 
) provided in the preceding article, in documents have the same utility evidence and documents, apply. 
 audio, video, electronic records or other similar evidence as evidence, the presiding judge shall 
 with appropriate equipment, display the sound, image, symbol or data, so that the parties, agents, counsel or help 
 recognize or report to.
Article 166th
 
(of cross examining witnesses, appraisers') 
 parties, agents, counsel and help people please call the witnesses, authenticators, to judge for 
 people don't questioned, by the parties, the agent or defender direct examination. The defendant without counsel, 
 and not desire for examination, the presiding judge shall still appropriate witnesses, authenticators. The 
 the witness or expert examination, in accordance with the following order: first, the application 
 summoned parties, agent or defender. Two, the party 
 by he made, agent or defend against. 
 three, again by request the parties, agents or summoned to defend cover main. Four, 
 again by his party, agent or counsel with anti. 
 the examination is completed, party, agent or defender, the permission of the presiding judge, more line, 
. 
 witnesses, appraisers by parties, agent or defender examination after the trial, long for. 
 the same defendant, private prosecutor has more than two agents, the defenders of the defendant, private prosecutor, the defender, agent 
 on the same witness, expert examination, should be pushed by one person on behalf of. But if 
 presiding judge, the limit. They also apply to 
 summoned witnesses, appraisers, the main question consensus sequence by two decision, if not 
 can decide, the presiding judge set.
Article 166-1
 
(range of main cross examination and exception induced cross examination) 
 main question should be permit items and related matters. 
 as vindication of witness, expert opinions that force, is essential information. 
 main question, not to induce. But the following circumstances, the limit: 
 one, not for substantive matters before the examination, the witness, identification of human identity, qualifications, experience, and 
 his friends the necessary preparation. The two parties 
, show no dispute. 
 three, about the witness, identification of human memory is not clear for memory, to arouse the necessary. Four, 
 witness, identification of hecklers display hostility or resentment. 
 five witnesses, appraisers, so as to avoid the. Six, 
 witness, identification of human not previously and in accordance with the statement, the previous. 
 seven, other recognised especially induced heckle necessary circumstances.
Article 166-2
 
(range, cross examination of 
) cross examination should the main examination revealed items and related matters or for justification, Chen 
 expert witness the probative force the necessary particulars. 
 for cross examination in when necessary, to induce.
Article 166-3
 
(the new matters and examination of 
) for cross examination of the new, just to support their claims, with the permission of the presiding judge, for. In the 
 for questioning, on matters as new.
Article 166-4
 
(range covered way main cross examination and line to cover the main cross examination) 
 cover main question should be asked to appear the items and related matters. 
 line to cover the main question, according to the main question. 
 provided in the preceding article, under this article shall apply mutatis mutandis to.
Article 166-5
 
(recross examination scope and recross examination way) 
 recross examination, shall cover main examination revealed defence evidence force necessary particulars. 
 line recross examination, according to cross examine ways.
Article 166-6
 
(question order and continued for questioning the witness or expert 
) under the authority of a court summons, the presiding judge questioned, the parties, agents or debate 
 protecting people cross examination, the examination of the order by the trial length. 
 witnesses, appraisers by parties, agent or defender interrogation, trial was continued for.
Article 166-7
 
(cross examination of witnesses, limit) 
 heckle appraiser and witnesses, authenticators shall answer, individual issues specific to. The following questions may not be 
. But the situation of fifth to eighth models, with justification, limit this not in 
 matters 
: A, in the case of cross examination and not for show. 
 two, to intimidate, insult, inducement, fraud or other improper means. Three, the 
 abstract is not clear. 
 four, for illegal induced. Five, 
 of hypothetical events or no evidence to support the fact that the. Six, the 
 repeat. Seven, 
 require witness statement personal opinions or speculate. Eight, 
 fear to witness testimony or its reputation with 180th first relationship, credit or 
 property damages. Nine, 
 the witnesses have not personally experienced events or identification without authentication matter for. 
 10, other is banned.
Article 167th
 
(cross examination limit) 
 parties, agent or defender cross examining witnesses, authenticators, the presiding judge in addition to recognize its improper external 
, shall not be restricted or prohibited.
Article 167-1
 
(statement of objection to the right 
) party, agent or defender questions and witness, expert to answer, in violation of laws or 
 improper grounds, the statement.
Article 167-2
 
(treatment of 
 objection objection) mentioned in the preceding article, shall each behavior, immediately to the brief reason for. 
 judge for the objection, should immediately. 
 he parties, agent or defender, in the trial before the advantages, should demur statement. 
 witnesses, appraisers with parties, agent or defender statement of objection, the trial before 
 advantages, should stop.
Article 167-3
 
(treatment of 
 dismissed the objection) trial that has long delay, delay time intention objection litigation or other illegal cases, should be to 
 divided rejected. But there is an important relationship between the delay time matters objection with the case, the limit.
Article 167-4
 
(processing objection objection no reason) 
 judge that dissent without reason, should be based on the disposition of rejected.
Article 167-5
 
(processing objection objection reason) 
 judge that objection has the reason, should be considered the situation, immediately suspended, withdrawn, respectively, 
 revocation become more or other necessary.
Article 167-6
 
(objection to the punishment shall be considered 
) for first three punishment, no statement.
Article 167-7
 
(query shall apply mutatis mutandis to 
) 166th seven second, 167th to 167th of six. 
 set in line 163rd, paragraph 1 shall apply mutatis mutandis to ask.
Article 168th
 
(witness, expert witness in court 
 obligation), although the completion of the identification of statements, have the permission of the presiding judge, shall not.
Article 168-1
 
(the presence right) 
 parties, agents, counsel or help people to interrogate the witness, expert or interpretation. 
 interrogation, referred to in the preceding paragraph, and the court shall notify the premises, pre. But Chen Ming doesn't want to advance, 
 not here.
Article 169th
 
(the defendant in court right limit) 
 trial witnesses, appraisers and long expected co defendant to the defendant can't free representations, by listening to the inspection 
 prosecutor and defender of views, in which statements, order the defendant. But after the presentation, should 
 re order the defendant in court, to report the statement of the message, and to question or the opportunity.
Article 170th
 
(interrogation puisne judge of 
) participate in collegiate trial of puisne, have to inform the presiding judge, interrogation of a defendant or quasi with 106th 
 sixteen fourth and one hundred and sixty-six six second provisions, to interrogate the witness, identification.
Article 171st
 
(trial period before the interrogation shall apply mutatis mutandis to the court or judge) 
 was on trial period before the 273rd paragraph 1 or 276th 
 interrogators, quasi with 164th to 170th.
Article 172nd
 
(delete)
Article 173rd
 
(delete)
Article 174th
 
(delete)

      ArticleTwoFestivalThe witness

Article 175th
 
(a witness summons) 
 subpoena witnesses, application. 
 summons, shall specify the following items: a witness 
, name, sex and residence. Two, the 
 to permit. Three, we should 
 to date, time. 
 four reasons not to, without proper attendees, punishment and life in any. Five, 
 witness may request the daily fee and. 
 summons, in the investigation by the prosecutor signature, trial by the presiding judge or to judge. After 
 summons for present day twenty-four hours ago. But the urgent situation, the limit.
Article 176th
 
(called prison witness and summoned orally 
) seventy-second and the provisions of article seventy-three, in witness summons permitted.
Article 176-1
 
(duty to testify) 
 except as otherwise required by law, do not ask who, in other cases, a witness.
Article 176-2
 
(responsibility for investigation of evidence drives the witnesses appeared in court for the parties 
), agents, counsel or help people please survey evidence, and witnesses are called the 
 necessary for application, people should lead to a witness.
Article 177th
 
(as witnesses) 
 witness cannot be present or have other necessary conditions, have to listen to the views and the defender, he 
 his or its local court interrogation. 
 under the aforesaid circumstances, witnesses and court where the technology is sound and image mutual transmission equipment and direct 
 interrogation, the court considers appropriate, to the device interrogation. 
 parties, defenders and agents in the first two to interrogate the witness at the scene and cross examination; the interrogation 
 date and place, should be pre notice. 
 second cases, in the investigation by quasi.
Article 178th
 
(witness present obligations and sanctions) 
 witness legally summoned, without legitimate reason not to, have to NT $thirty thousand yuan penalty 
 trowel, and arrest; pass not to, also. 
 the penalty and punishment, the court shall. The prosecutor for the summoner, apply to the court 
 set. 
 for the ruling, may institute. 
 arrest witnesses, quasi with seventy-seventh to eighty-third and eighty-nine to ninety-first. 
.
Article 179th
 
(of refusing to testify (a) - civil servants) 
 to civil servants or had human witness for civil servants, and their duties shall keep secret matters interrogators 
, deserve the supervision authorities or public official. The 
 allowed, but a violation of the national interests, not.
Article 180th
 
(of refusing to testify and identity relationship) 
 witness any of the following circumstances, may reject the testimony: 
 one, now or in the former defendant spouse, lineal relatives or private prosecution, three dear, dear, 
 collateral blood relatives within the two parents, in laws or. 
 two, and the defendant or the private prosecution engaged. Three, 
 who has or have been legal for the defendant or the private prosecution agents or by or have been by the defendant or his legal agent for 
 private prosecution. The 
 people have one or number on the co defendant or private prosecution, but only about his co defendant 
 or his private matters as a witness, and may not refuse.
Article 181st
 
(refusing testimony (three) the relationship between identity and interest) 
 witness statements to fear for yourself or with the first paragraph of the preceding article relationship person subject to criminal prosecution or punishment, be 
.
Article 181-1
 
(may not refuse testimony matters) 
 accused person outside in cross examination, on the main question the statement concerning the defendant himself matters, not to 
 vast.
Article 182nd
 
(of refusing to testify and business relations) 
 witness for physicians, pharmacists, helping midwives, chaplain, lawyer, lawyer, notary, accountant or 
 its business or served as the post, the business knowledge related 
 others secrets by interrogators, except by my permission the outer, reject.
Article 183rd
 
(reject interpretation testimony reason) refused to 
 witness testimony, should reject reason interpretation. But in the 181st case, it 
 life sign to interpretation. 
 refused permission or dismiss the officer testimony from prosecution, criminal investigation command judge by judge or to 
, judicial ruling.
Article 184th
 
(witness give separate interrogation and confrontation) 
 witness several people, should be questioned; the unexamined, without permission, shall not. 
 due to see the real need, life witness and he witnesses or the accused, the accused may according to the request of the 
, life and.
Article 185th
 
(witness people don't interrogate) 
 to interrogate the witness, should first investigate the person without error and the defendant or the private prosecution has no article 180th 
 a. The 180th first 
 witnesses and defendants or private relationship, should report to reject.
Article 186th
 
(recognizance obligations and shall not make a statement of reasons) 
 witness should be life. But one of the following circumstances, not to recognize 
: one, under sixteen years of age. Two, 
 due to mental disorders, puzzled recognizance significance and effect. 
 witness has 181st cases, should report to reject.
Article 187th
 
(recognizance program) 
 witness statement before, should inform obligation to recognize and perjury. 
 for not to sign the witness, should report to the factual statement, not hide, ornaments, increase.
Article 188th
 
(recognizance period) 
 recognizance for interrogation before. But whether the sign of doubt, life is for interrogation.
Article 189th
 
(node text into) 
 recognizance to knot the record when the factual statement, no hiding, ornaments, increase, reduction in the interrogation language; after 
 recognizance, knot the internal record system factual statement, not hide, ornaments, increase, reduction. 
 node text should be read life witness; witness can not read, shall order clerk read, whenever necessary and that the 
. 
 junction paper should be life witness signature, stamp or press. 
 witness in 177th second science and technology equipment interrogators, after undertaking knot paper to electric 
 letters by fax or other technology equipment sent to the court or the prosecutor's office, to send. 
 177th second witnesses are asked the node text news transmission way, by the Judicial Yuan counterparts 
 government hospitals.
Article 190th
 
(the way to interrogate the witness the continuous state) 
 to interrogate the witness, may order the items through the continuous interrogation.
Article 191st
 
(delete)
Article 192nd
 
(the interrogation of witnesses shall apply mutatis mutandis to 
) seventy-fourth and the provisions of article ninety-nine, in witness interrogation permitted.
Article 193rd
 
(refuse to sign or not sign the testimony and punishment) 
 reason to reject the recognizance or witness without proper testimony, was fined NT $thirty thousand will be fined, for 
 183rd paragraph 1 case of false statement, also. 
 178th second and three of the rules, to apply the sanction.
Article 194th
 
(witness fees and expenses of request rights day) 
 witness fees and request, the legal. But mention or detained without justifiable reasons, refused to sign or testimony 
, unless. 
 the request, should be finished in ten days after the interrogation, to the court. But the trip may request the pre action to.
Article 195th
 
(entrust to interrogate the witness) 
 judge or prosecutor may entrust the local judge or prosecutor interrogate the witness; such as witness is not in the 
, the judge, prosecutor, judges have to entrust the local prosecutor. 
 177th third the provisions of item, in the trustee to interrogate the witness must use. 
 the judges or prosecutors to interrogate the witness', and the family court judge or prosecutor has the same 
.
Article 196th
 
(then cited restrictions) 
 witness by judge the legitimate interrogation, interrogation to the parties and to heckle opportunity, the statement clearly don't 
 without questioning necessary, may not.
Article 196-1
 
(notice and ask the witness shall apply mutatis mutandis to) 
 judicial police officers or police for investigation of criminal suspects' and collect evidence necessary to use, 
 notice to inform the witnesses the scene. 
 seventy-first one of the second, seventy-third, seventy-fourth, 175th and second 
 in Item 1 through third, fourth, 177th, third, the first 107th 
 nineteen to 182nd, 184th, 185th and one hundred and ninety 
 the provisions of article twelve, in the notice and ask prospective witness use.

      ArticleThreeFestivalIdentification and interpretation

Article 197th
 
(identification matters shall apply mutatis mutandis to 
) identification, in addition to the special regulations, the front section of the witness must.
Article 198th
 
(selection of appraisers') 
 identification of the presiding judge, judge or prosecutor ordered the following person elected to a person or persons charge: A, 
 identification items have special knowledge. Two, the government appointed 
 appraisal office.
Article 199th
 
(arrest prohibited) 
 appraiser, shall not be arrested.
Article 200th
 
(application to identification and period of reason) 
 parties have to request a judge's recusal reason, refuse identification. But not to identify people in the case 
 who witness or expert human refuse reason. 
 identification has identified issues for statement or report, shall not refuse. But they refused to happen after 
 or known in the latter, the limit.
Article 201st
 
(refuse identification procedures) 
 refuse identification, should be rejected and the preceding article paragraph second reasons that interpretation. 
 refused to identify people permission or rejected by the procuratorial investigation officer in command, the 
 life by the chief judge or judges, judicial ruling.
Article 202nd
 
(recognizance identification obligations) 
 identification should be to identify the node before recognizance, the internal records shall Shi justice and a etc..
Article 203rd
 
(on the court for the identification of 
) presiding judge, appointed to judge or prosecutor, whenever necessary, to enable the identification of people from outside the court for. 
 set forth in the preceding paragraph, the identification of the identification, delivery. Because of the 
 identification of mind or body necessary, scheduled for seven days following period, the accused admitted to hospital 
 or other appropriate.
Article 203-1
 
(retention vote) 
 mentioned in the preceding third cases, application of retention. But the detention, arrest the scene, the period of not more than two 
 fourteen hours, the limit. 
 retention vote, shall specify the following items: a defendant 
, name, sex, age, place of birth and residence. Two, 
. Three, we should 
 identification. Four, we should leave 
 place and predetermined. 
 five, such as retention aid. 
 seventy-first third the provisions of item, for the identification of quasi with indwelling ticket. 
 retention vote, by the judge. The prosecutor believes it is detained when necessary, request the court to issue the 
.
Article 203-2
 
(perform authentication lien) 
 executive detained, by the judicial police will the defendant into indwelling premises, the premises management personnel inspection people 
 don't correct, should be in the identification of indwelling votes recorded into the year, month, day, time and. 
 article eighty-ninth, the provisions of article ninetieth, to perform retention permitted. 
 executive detained, retention vote shall respectively to the prosecutor, identification, counsel, and the 
 specified. 
 for executive detained when necessary, the court or the prosecutor may on its own or in accordance with the indwelling premises management personnel 
 application, judicial police guard.
Article 203-3
 
(retention duration and premises) scheduled 
 retention period, the court in the trial according to the authority or investigation according to the request of the 
 prosecutors discretion be shortened or extended. The extended period shall not be more than February. The 
 retention premises, because of security or other legitimate reasons, the court in the trial authority 
 or investigation according to prosecutors for rule changes. For the first two 
 court ruling, shall notify the prosecutor, expert witness, defender, the defendant and the specified 
 dear.
Article 203-4
 
(retention period days as the days of detention) 
 told the implementation of the 203rd third identification, the identification of the retention period of days, as 
 detention date.
Article 204th
 
(necessary disposition identification) 
 identification for identification of the necessary, the presiding judge, judge or prosecutor to license, physical examination, 
 autopsy, destroy objects or to someone, or guarded residence. 
 127th, 146th to 149th, 215th, 
 two hundred and sixteen first and two hundred and seventeen of the provisions referred to in the preceding paragraph shall apply, in case.
Article 204-1
 
(identification license) the first paragraph of the preceding article of 
 license, license application. But to judge, to judge or prosecutor prior to 
, unless. 
 permit, shall specify the following items: a 
. 
 two, should check the body, the body anatomy, destroy the object or to anyone living or guarded live 
 house or other. Three, we should 
 identification. Four, the 
 identification. Five, the 
 execution. 
 permit, in the investigation by the prosecutor signature, trial by the presiding judge or to judge. 
 physical examination, in the first permit additional deems appropriate.
Article 204-2
 
(a permit and certificate) 
 identification for 204th in the first paragraph of the punishments of the first paragraph of the preceding article, shall present the license and can prove the identity of the 
. No 
 permit to perform the expiration of the period of execution, which should be permit.
Article 204-3
 
(without justifiable reasons, refused to identify the reasons for 
) than to 204th first check the body without a legitimate action, have 
 of between NT $thirty thousand yuan will be fined, and 
 quasi with 178th second and three. The reason to reject the 204th the first 
 without proper disposition, the presiding judge, judge or prosecutor to 
 officer yield with identification of human practice, and apply on the inquest.
Article 205th
 
(necessary disposition identification) 
 identification for identification of the necessary, the presiding judge, judge or prosecutor to license, review files 
 and exhibits, and request to collect or. 
 appraiser may request the interrogation of a defendant, private prosecutor or witnesses, and make its presence and direct.
Article 205-1
 
(the necessary punishment - Identification take license secretion of 
 identification) for identification of the necessity, the presiding judge, judge or prosecutor's permission to take 
, secretion, excretion, blood, hair or other physical objects from or attached, and take the fingerprint, foot print, 
 tone, handwriting, photographic or other similar. 
 disposition referred to in the preceding paragraph, shall be in one of 204th second licenses in the book.
Article 205-2
 
(the necessary punishment - Investigation and evidence taking fingerprint) 
 prosecution officials, judicial police officers or police for investigation of criminal cases and collecting the evidence necessary for the 
, arrest custody of suspects or arrested or accused, it violates the crime suspect or accused of 
 meaning, take the fingerprint, palmprint, footprints, be photographic, measurement of height or similar behavior; there is reason to believe that 
 take hair, saliva, urine, and exhaled tone as criminal evidence, 
 and.
Article 206th
 
(report) 
 identification and its results should be identified through, to verbal or written. 
 expert tens of people, so that the common reporting. But the difference of opinion, should make their respective reports. 
 in written report, on the necessary to take words.
Article 206-1
 
(present in the right timing) 
 line in time, if necessary, the court or the prosecutor may notify the parties, the agent or defender. 
 168th one of the second provisions of the situation, to apply.
Article 207th
 
(increase or change the identification of people) 
 identification with incomplete life, increase the number of others or life to continue or otherwise.
Article 208th
 
(organ identification) 
 court or prosecutor may entrust the hospital, school or other equivalent organ, group identification, or review 
 others identification, and must use the 203rd to article 206th of the regulations; to be words to 
 word report or description, life appraisal or review of human. 
 163rd first, 166th to 167th of seven, 200th 
 the provisions of article zero two, in the human oral report or by the appraisal or review that quasi 
 use case.
Article 209th
 
(the right to request the cost appraisers') 
 appraiser, fees for legal, travel, get to the court for a payment and pre action or claim to 
 also for identification of the expenditure.
Article 210th
 
(expert witness) 
 interrogation in accordance with a special knowledge that has been the past real persons, on the application of witness.
Article 211st
 
(the current standard prescribed in this section 
) the provisions of this section, be used for quasi.

      ArticleFourFestivalInquest

Article 212nd
 
(inspection agencies and the reason) 
 court or prosecutor for investigation of evidence and criminal case, to implement.
Article 213rd
 
(the punishment) 
 inquest, following measures: one for 
, shoe exploration place of crime and the case or other relationship. Two, check 
. Three, 
 inspection. Four, 
 anatomy. 
 five, inspection and case relations. The 
 six, other necessary.
Article 214th
 
(inspection when people present) 
 line inspection, life witness, identification. 
 prosecutor to conduct the investigation, if necessary, to inform the parties, agent or defender. The inquest on 
, time and place, should be pre notice. But Chen Ming didn't want to come to the scene or urgent beforehand 
 situations, this restriction does not apply to.
Article 215th
 
(limit check body action) 
 check body, such as the Department for the accused person outside, to have substantial reasons can be considered to investigate crime situation 
 necessary extent, began to. 
 before examination, was summoned to the specified person or other premises, and quasi with seventy-second, seventy-three, 175th and 
 article one hundred and seventy-eight. 
 examination of women's body, shall order the physician or women.
Article 216th
 
(the examination or autopsy to dispose of (a)) 
 examination or autopsy, should be to identify the body has no. 
 inspection body, shall order the physician or inspector. 
 autopsy, shall order the physician to perform.
Article 217th
 
(the examination or autopsy disposition (two)) 
 for inspection or dissected corpses, the corpse or a provisional retained, and a coffin and excavation. 
 examination or autopsy and opens the coffin excavated tomb, should inform the spouse or other close relatives or living in 
, xu.
Article 218th
 
(the test) 
 in case of non mortality or suspected non diseased, the prosecutor should speed. The test 
 phase, prosecutors may order the prosecution officials in conjunction with physicians, physician or inspector line method. But check 
 prosecutors that show no criminal suspects, to dispatch judicial police officers in conjunction with physicians, physician or inspector method for 
. According to the provisions of the preceding paragraph 
 phase test is completed, should be reported to the chief procurators of the volume card chen. Prosecutors as found in a 
 suspects, should continue to provide necessary inspection and investigation.
Article 219th
 
(an inquest shall apply mutatis mutandis to the provisions 
) 127th, 132nd, 146th to 151st and 153rd 
 provisions for inspection, apply.

      ArticleFiveFestivalThe preservation of evidence

Article 219-1
 
(for evidence preservation) 
 tell people, the criminal suspect, defendant or defendants on evidence has annihilation, forged or altered, or 
 to use hidden danger, in the investigation of procuratorial, may apply for search, seizure, identification, investigation, interrogation 
 witness or other necessary insurance department. 
 prosecutors accepted before, except that it is illegal or unreasonable by rejecting the persons, shall within five days 
 for preservation. 
 prosecutors dismissed the claim or not in the period for the preservation of disposition, the applicant may directly to the court 
 preservation.
Article 219-2
 
(ruled for evidence preservation) 
 Court on third claims referred to in the preceding article, for before the ruling should consult the prosecutor opinion, program or that the illegal 
 law law should not permit or without reason, to reject the. But the program illegal 
 law can be corrected, should be set during the first life correction. 
 court considers that the application has the reason, for preservation of the evidence should be allowed. Item two 
 before ruling, not.
Article 219-3
 
(authority for evidence preservation) for the preservation of evidence 
 one of 219th application, shall apply to the investigation of the prosecutor for the. But the case has not been transferred to 
 piece or report the prosecutor, to the judicial police investigation officer or the judicial police organs 
 of court prosecutor prosecutors please.
Article 219-4
 
(for evidence preservation period) 
 case to the court of first instance trial, the defendant or defendants that the evidence necessary to protect, in 
 first trial phase recently, apply to the court or to the judge for preservation of evidence. In case of urgent situation 
, also have to be questioned people place of residence or evidence of the court. 
 prosecutor or private prosecution in the prosecution, the first trial phase recently, recognize the need to preserve evidence, 
. 
 279th second the provisions of item, for to judge disciplinary cases apply for preservation of evidence. 
 court for preservation of the evidence for that program or the appropriate legal laws should not be permitted or no reason to reject the 
, shall. But the sub program of law can be corrected, should be set during the first life 
 correction. 
 court or to judge for a reason, for preservation of the evidence should be allowed. Item two 
 before ruling, not.
Article 219-5
 
(application for preservation of the evidence. 
) for preservation of evidence, should be based on the book. 
 preservation of evidence in book form, shall specify the following items: A, 
. Two, 
 evidence preservation and preservation should be. 
 three, according to the evidence should be card. 
 four, should be the preservation of evidence. The fourth reason 
 referred to in the preceding paragraph, shall be the interpretation.
Article 219-6
 
(the suspect in the implementation of the preservation of evidences the presence right) 
 tell people, criminal suspects, defendants, defender or agent in the investigation, in addition to the obstruction of evidence 
 total risk, for the preservation of evidence for the implementation, in the preservation of evidences. 
 preservation of evidence, and the date of premises, shall notify the presence of. But the urgent situation can not be addressed 
 timely notice, or the criminal suspect, the defendant in custody, the limit.
Article 219-7
 
(preservation of evidence the depositary) 
 preservation of evidence in the investigation officer, management by the prosecution. But the cases in the judicial police officer or judicial police 
 police investigation, the court ruled that the preservation of evidence for the approval, owned by the judicial police officer or the judicial police 
 organ of court prosecutor prosecutors custody. In 
 trial court evidence preservation, the preservation of life by. But the case of his court, the court shall be forwarded to the 
.
Article 219-8
 
(evidence preservation shall also apply to 
) preservation of evidence, unless otherwise specified, in this chapter, the quasi Zhang Jidi two hundred and forty-eight.

   ArticleOne threeChapterReferee

Article 220th
 
(the way the court said the meaning) 
 referee, in accordance with the provisions of this law should take the decision of who, in the ruling.
Article 221st
 
(the debate principle) 
 decision, unless otherwise specified, shall be approved by the parties to the debate.
Article 222nd
 
(ruling trial) 
 statement that because of the court, the litigant words. 
 before is ruled when necessary, survey.
Article 223rd
 
(the reason stated) 
 judgment should describe the reason, may be challenged or rejected the ruling also statement.
Article 224th
 
(it should be declared the 
) should be decided. But without verbal debate judgment, this restriction does not apply to. 
 ruling in court is limited, should be declared.
Article 225th
 
(method of adjudication of 
) judgment, should read aloud the text, explain the meaning, and told to reason. 
 declared that, should report to the ruling intention; the reasons, and inform the. Should declare the judgment or ruling 
 before two, to declare the notice, and inform.
Article 226th
 
(making the book) 
 referee should produce the judgment, should be in after the referee declared, the original delivery secretary. But to argue 
 end date of judgment, shall within five days of delivery. 
 clerk shall on the referee had written the year, month, day of receiving and.
Article 227th
 
(the original service) 
 referee making judgment, unless otherwise specified, should be based on the original to the parties, agents, in 
 counsel and other judgment. The 
 served, since the date of acceptance of the original, not later than seven.

ArticleTwoCodingThe first trial

   ArticleAChapterThe public prosecution

      ArticleAFestivalInvestigation of crimes

Article 228Th
 
(investigation launched) 
 prosecutor for tell, report, surrender or other circumstances that criminal suspects, should start. 
 the investigation, prosecutors have ordered the prosecution officials, 230th judicial police officer or a 
 two hundred and thirty-one judicial police criminal investigation and collect evidence, and put forward the. When necessary 
, the relevant volume card a complicated intersection. The implementation of the investigation 
 non necessary, shall not first. 
 defendant who has been summoned, surrender or to attendees, prosecutors questioned considered necessary to have 101st first 
 each item or one of 101st the first sections of the circumstances and silent please custody 
, life, the responsibility to pay or limit. But believes it is necessary to arrest, detention, arrest and 
 fact based informed after the defendant, may apply to the court for custody. Ninety-third article second, article 
 three, fifth the provisions of item in this paragraph shall apply mutatis mutandis to the situation.
Article 229th
 
(the judicial police to help prosecutors investigation officer) 
 each member, in its jurisdiction for judicial police officers, prosecutors have to assist the criminal authority 
:
 a director, police, police or police corps. 
 two, police captain. 
 three, in accordance with law on specific issues, it is a judicial police officer in front of two powers. 
 the judicial police officers, shall submit the survey results, to the tube prosecutor; such as accepting detained or arrested 
 catch the criminal suspect, unless otherwise specified, the pipe should be handed over to the. But the prosecutor ordered the solution 
 send, be over. 
 defendant or criminal suspect without detention or arrest, not.
Article 230th
 
(listen to the prosecutor, judicial police officer in command) 
 each member for the judicial police officers, shall be governed by the prosecutor's command, the investigation of the crime: A, 
. Two, the military police officers, 
. 
 three, in accordance with law on specific issues, the judicial police officer powers. 
 the judicial police officers have criminal suspects, should immediately began investigating the case, and the investigation report the 
 judicial tube prosecutors and police in the preceding article. The implementation of the 
 investigation when necessary, need to seal off the scene of the crime, and that for an instant.
Article 231st
 
(judicial police) 
 each member to the judicial police, prosecutors and judicial police officer to command, the investigation of the crime: a 
. Two, 
. 
 three, in accordance with law on specific matters, the judicial police powers. 
 judicial police have suspected of crime, shall immediately began to investigate, and will survey report the procuratorial 
 executive and judicial police. The implementation of the 
 investigation when necessary, need to seal off the scene of the crime, and that for an instant.
Article 231-1
 
(complementary or investigation cases) 
 prosecutor for the judicial police officer or the judicial police to report the case or investigation, think not perfect 
, the card back, life of its complement, or other judicial police officer or judicial police. Company 
 law police officers or judicial police should to complement or investigation, then transferred to or report. For the 
 complements or investigation, the prosecutor may limit.
Article 232nd
 
(the victim told right) 
 crime victims, to.
Article 233rd
 
(independent and agent told people) legal 
 victim agent or a spouse, to be independent. 
 victim has died, the spouse, lineal relatives by blood, by its three dear within the collateral relatives by blood, two dear, 
 in marriage, family or parents. But tell of the crime, not the meaning and express 
 instead.
Article 234Th
 
(exclusive to tell people 
) of article 230th of criminal law of sexual assault, not following the may not tell 
: one, my blood. 
 two, spouse or their lineal relatives statue. 
 article 239th of the criminal law of the crime of obstruction of marriage and family, non spouse shall not. Article 240th of the criminal law of the 
 second hindrance to marriage and family crime, non spouse shall not. 
 article 298th of the criminal law of nuisance free of sin, was slightly attractive lineal relatives by blood, three dear within the next two 
 of blood, dear parents, relatives by marriage or in may. Article 312nd of the criminal law of the 
 against reputation and credit crime, deceased spouse, lineal relatives by blood, three dear 
 within the collateral relatives by blood, two dear within the in laws or parents, families have to.
Article 235th
 
(specific crime person independent tell people) legal 
 victim agent for the defendant or the legal spouse or four dear within the blood, the three 
 dear within marriage or parents, families of the accused, the victim's blood, three dear within the next two 
 of blood, dear. In marriage, family or parents to be independent.
Article 236th
 
(acting complainant) 
 tell of the crime, not to tell people to tell people not to exercise the right to tell, the tube 
 prosecutor may harm people or according to request according to the authority designated agent told. 
 233rd second provision, this article shall apply mutatis mutandis.
Article 236-1
 
(appointed tell agent) 
 told, to appoint an agent. But the prosecutor or the judicial police officer considers it necessary, to the life I 
 scene. The Commission shall put forward 
 appointment shaped on the prosecutor or the judicial police officer, and quasi with twenty-eighth and 
 thirty-two.
Article 236-2
 
(on behalf of the preceding article tell people 
) and two hundred and seventy-one one of the provisions, to specify agent told people not applicable.
Article 237th
 
(tell of the tell period) 
 tell of the crime, it should be proud to tell tell who knows the prisoner when, in six months for the 
. 
 to tell people the several people, a delay period, the effect is less than on.
Article 238th
 
(tell of the withdrawn told) 
 tell of the crime in the first instance, tell people before the end of the debate, to withdraw its. 
 withdraw tell people, may not.
Article 239th
 
(tell the inseparable principle) 
 tell of the crime, the accomplice of told or withdraw to tell, its effectiveness and to the other. But the article 239th of the criminal law of the crime, the spouse to withdraw tell, the effect not to Xiangjian 
 people.
Article 240th
 
(right turn) 
 ask who knows the criminal suspects, as.
Article 241st
 
(duty report) 
 civil servants have known positions as a result of the implementation of criminal suspects, should be.
Article 242nd
 
(tell the program) 
 told, report, should be based on the book or the words to the prosecutor or the judicial police officer for it; the words 
, should produce. In order to facilitate the words tell, report, report the bell set. 
 prosecutor or the judicial police officer, the implementation of the investigation, the hair in whole or in part, see the facts of the crime Department told of the 
 sin without told, for the victim or other to tell the person to case statements, should be asked is 
 told, specify. 
 forty-first second to fourth and the provisions of article forty-three, in front of two transcripts in.
Article 243rd
 
(request program) 
 article 116th of the criminal law and the one hundred and eighteen request of the crime, the foreign government's request, the 
 foreign minister requested the judicial administrative chief makes the tube inspection. 
 238th and the provisions of article two hundred and thirty-nine, in foreign government request mutatis mutandis.
Article 244th
 
(if permitted by the told program) 
 surrendered to the prosecutor or the judicial police officer was, quasi with 242nd.
Article 245th
 
(Principles of private investigation) 
 investigation, not open. 
 defendant or suspect the defenders, when in the prosecutor, procuratorial affairs officer, judicial police officers or division 
 method police interrogation the defendant or criminal suspect the presence, and statements. But the fact that the presence of a foot 
 against national secrets or annihilation, forged, altered or colludes with evidence or witnesses or obstruction of 
 others reputation risk, or the improper behavior to influence the investigation order, may restrict or prohibit the. 
 prosecutor, procuratorial affairs officer, judicial police officers, the judicial police, counsel, told the agent or its 
 he in procedure of investigation personnel from performing their duties according to law, in accordance with the provisions of law or for public interests or the legal rights and interests protect 
 necessity, not publicly disclosed the investigation in carrying out their duties because of that. 
 investigation to interrogate the defendant or criminal suspect, shall be the day when the interrogation, and premises notice defense. 
 but the situation urgent, not on.
Article 246th
 
(in situ interrogation of a defendant) 
 meet the defendant can not present, or have other necessary conditions, have their interrogation.
Article 247th
 
(investigation of auxiliary (a) - the pipe organ) 
 about investigative matters, prosecutors have asked the authorities as necessary.
Article 248th
 
(witness news asked question) 
 interrogation of witnesses, appraisers, such as the present, the defendant must personally questioning; questioning is improper, 
 prosecutor may. 
 expected witness, identification of human in the trial cannot interrogators, shall order the defendant. But the fear of the witness, identification 
 people to the defendant can't free representations, the limit.
Article 248-1
 
(the victim by questioning a staff) 
 victim in the investigation by the interrogation, the legal agent, spouse, or within the next three dear 
 blood, parents, family members, doctors and social workers accompanied present, and statements. In the judicial 
 police officers or judicial police investigation, the same.
Article 249th
 
(investigation of auxiliary (two) Junmin) 
 spying in case of urgent situation, life the presence or near the human equivalent. Prosecutors to have 
 to, and please near the military rulers sent troops to aid.
Article 250th
 
(no jurisdiction and to notice) 
 prosecutors have suspected of crime and is not under its jurisdiction or to start investigation that case does not belong to the jurisdiction 
 shall separately notify, or to the pipe inspection. But the urgent situation, should provide necessary disposition.
Article 251st
 
(public prosecution instituted) 
 prosecutors on the evidence investigation, foot that defendant criminal suspects, should mention. 
 defendant is unknown, also should mention.
Article 252nd
 
(absolute not to prosecute cases) 
 under any of the following circumstances, should not to prosecute actions: 
, once a decision. Two, 
 barred. Three, once 
 amnesty. Four, the 
 crime law has abolished the penalty. Five, 
 told or request of the crime, the request has been withdrawn or tell or has been told during. Six, the death 
. Seven, the court on the defendant 
 without jurisdiction. Eight, 
 behavior is not punishment. Nine, 
 law should be exempted from punishment. 
 10, lack of criminal suspects.
Article 253rd
 
(relative non prosecution cases) of the 
 prescribed in article 376th cases, prosecutors refer to Article fifty-seventh of the criminal law of the items listed, that 
 to non prosecution as appropriate, for the non prosecution.
Article 253-1
 
(during the applicability and scope of deferred prosecution of the defendant committed 
) for the death penalty, the life imprisonment sentence or a minimum penalty of more than three years outside of the crime, the procuratorial 
 officer with the matters listed in article fifty-seventh of the criminal law and safeguard the public interest, deferred prosecution is appropriate to 
 recognition of deferred prosecution period, to have one to three years of deferred prosecution, the prosecution department during the period from 
 points determined. The 
 prosecution limitation, in the prosecution period, stop. The 
 article eighty-third of the criminal law third stipulation, in the stop reason, not applicable. 
 323rd paragraph 1 shall prosecute, to slow, not applicable.
Article 253-2
 
(the deferred prosecution should observe or perform matters) 
 prosecutors to deferred prosecution, to order the defendant to comply with the 
:
 within a certain period of time or a, to perform the following particulars. Two, 
 vertical repentance. Three, the 
 to pay a substantial amount of property and non property damage. Four, to 
 treasury or the prosecutor designated public interest groups, local autonomous organizations pay a certain. 
 five, to the prosecutor appointed by government agencies, government agencies, administrative legal person, or other symbols of the community 
 public welfare institutions or organizations to provide forty hours more than two hundred and forty hours of the following obligations 
. 
 six, complete the addiction treatment, psychotherapy, counseling or other appropriate places in. Seven, to protect the victim. 
 necessary. Eight, 
 necessary for prevention of recidivism. 
 prosecutor, order the defendant to observe or perform the preceding paragraph third to paragraph sixth of the defendants agreed matters, due 
; third, paragraph fourth and the right to civil enforcement. 
 first case, should be recorded in the book of deferred prosecution. The 
 first during the prosecution, shall not be more than the slow.
Article 253-3
 
(revocation deferred prosecution of the defendant) 
 for prosecution period, under any of the following circumstances, the prosecutor may according to the authority or to tell people 
 for revocation of the original punishment, to continue the investigation or prosecution of 
: one, during the period of intentionally more prison above punishment of the crime, the prosecutor filed. Two, 
 deferred prosecution for intentional crime, his crime, and in the prosecution period being sentenced to a prison term of penalty Xuan 
 told above. 
 three, against 253rd in the first two paragraphs shall observe or perform. 
 prosecutors revocation of the deferred prosecution of the defendant, fulfilled part of, or may request the return of.
Article 254th
 
(relative not to prosecute (two) for execution of punishment without beneficial 
) the defendant committed several crimes, the crime has been subject to heavy penalties in the verdict, prosecutors argued that his sins are suit, 
 to should execute punishment no significant relationship, to non prosecution.
Article 255th
 
(not to prosecute the program) 
 prosecutors in 252nd, 253rd, 253rd, second 
 Baiwushisan of paragraph three, the provisions of article 254th for non prosecution, prosecution or withdraw prosecution or other legal reasons for not 
 because Sue disposition, shall make the punishment book describes its disposition. But at the 
 before telling people or informant consent, punishment book just recorded action. 
 disposition referred to in the preceding paragraph shall be in the original book, served to tell people, informer, defendants and defense. Postponement of prosecution is 
 books, and should be served and to observe or perform the victim, behavior related organs, groups or communities. The 
 served, since the clerk to accept punishment book originally date, shall not be more than five.
Article 256th
 
(during the reconsideration application and) 
 tell people could not accept the prosecution or deferred prosecution book, in seven days to book the reason 
 refuses to accept, the prosecutor to the direct superior court prosecutor attorney or attorney general application. But the punishment second 
 Baiwushisan strip, one of 253rd the once told agreed, shall not apply to 
 discussion. 
 not to prosecute or deferred prosecution may apply reconsideration, the reconsideration period and apply directly on the method 
 hospital prosecutor attorney or attorney general, should be recorded in the book told people disposition. 
, life imprisonment or death penalty. The penalty for more than three years in prison for the crime suspect cases, insufficient, 
 by prosecutors to non prosecution of one of the punishment, or 253rd cases by prosecutors to v. slow play 
 punishment, such as no may apply in person, the original prosecution officer should be in accordance with the authority of Jing sent directly institute 
 superior law prosecutor attorney or attorney general again, and notify the.
Article 256-1
 
(application reconsidered: revocation deferred prosecution) 
 defendant after revocation of acceptance of deferred prosecution, in seven days to book the dissatisfied reasons, the original 
 prosecutors to direct superior court prosecutor attorney or attorney general application. Article second the provisions for 
, served on the revocation of the deferred prosecution books would be used.
Article 257th
 
(Application of original prosecutor or chief) 
 reconsideration application, the original prosecutors believe there is reason, should revoke its punishment, in addition to the preceding cases, further investigation should be 
 or. 
 original prosecutors can apply for no reason, should be the case file and evidence to the superior court prosecutors office 
 attorney or attorney. 
 for more than two of the period, should be rejected. 
 original court prosecutor attorney believes it is necessary, in pursuant to the second paragraph shall be sent to the front, to personally or life 
 to his attorney further investigation or audit, respectively, revoked or maintain the original punishment; the original disposition, 
 should.
Article 258th
 
(application reconsidered: the chief) 
 superior court prosecutor attorney or attorney general recognition of for no reason, it shall reject the application; believed to have 
 reason, one of 256th case shall cancel the original punishment, 256th. 
 shape are following: an investigation 
 disposition, not complete, to go or ordered him to prosecutors for investigation, and ordered the original prosecutors 
 Department prosecutors continued. Two, 
 investigation are complete, ordered the original court prosecutors office prosecutor.
Article 258-1
 
(not rejected punishment upon the request of the trial) 
 told people not mentioned in the preceding article dismissed sanctions, have to accept the punishment within ten days after the lawyer this 
 by shape, to the court of first instance for delivery. 
 lawyer was appointed to review referred to in the preceding paragraph, the investigation files and evidence and copy or. But relates to another 
 investigation should not be public or other law shall be confidential matters, may restrict or prohibit the. The 
 thirtieth paragraph, in two cases with.
Article 258-2
 
(withdrawn for trial application) 
 committed for trial application, on the court, have to withdraw, for delivery after the trial of first instance ruling debate before the end of 
 theory, also. 
 withdrawal request delivery of trial, the court clerk shall notify. 
 withdraw a trial delivery for the people, shall not apply to the delivery.
Article 258-3
 
(for trial order delivery 
) upon the request of the trial court should order delivery, to the bank. The court recognized 
 trial delivery for illegal or groundless, it shall reject the application; that has the reason, should 
 as trial ruled, and the original to the petitioner, prosecutors and in. 
 court as prescribed in the preceding paragraph before the ruling, may provide necessary. 
 court trial for delivery order, as the case has been filed. 
 defendant for second trial orders, to mention counterappeal; rejected the ruling, not.
Article 258-4
 
(for Trial Procedures apply 
) a trial delivery procedures, division law do not have provisions for second series, the first chapter of third.
Article 259th
 
(not to prosecute the detention effect) 
 custody told not to prosecute or deferred prosecution, deemed withdrawn custody, prosecutors should be the defendant 
 release, and shall immediately notify the. 
 for non prosecution or punishment of deferred prosecution, distraint shall. But the legal provisions, on the stage 
 room, for reconsideration or may apply to the court for trial in case of necessity, or shall be confiscated or detecting 
 check his sin or he accused of using should be retained, the limit.
Article 259-1
 
(condemned application) 
 prosecutors in 253rd or 253rd of the non prosecution or deferred prosecution 
 criminals by, for, for preparation for a crime or because of the proceeds of crime object, to belong to the limit, 
 alone may apply to the court for.
Article 260th
 
(effect not to prosecute or deferred prosecution - another suit) 
 not to prosecute confirmed or deferred prosecution expires without the irrevocable, non under any of the following circumstances, does not have the same 
 cases re prosecution: a 
, discovery of new facts or new. 
 two, the 420th subparagraph 1, paragraph second, paragraph fourth or paragraph fifth for re trial reasons 
 situation.
Article 261st
 
(stop investigation (a) - the end of civil proceedings before 
) crime is established or punishment should be exempt, to civil legal relationship of fault, the prosecutor in civil proceedings before the end of 
, stop.
Article 262nd
 
(end investigation of limiting) 
 prisoners unknown, to recognize the 252nd defined before, not the end.
Article 263rd
 
(the service) 
 255th second and three shall, in the indictment by prosecutors quasi.

      ArticleTwoFestivalProsecution

Article 264th
 
(program and the indictment Charged items) 
 prosecution, shall be under the jurisdiction of the prosecutor to court for. 
 indictment, shall contain the following items: a defendant 
, name, sex, age, nationality, occupation, domicile or residence, or other adequate identification of 
. 
 two, crime and the illegal facts and evidence. 
 prosecution, shall be submitted to the file and evidence.
Article 265th
 
(limits and additional charges, in the first instance 
 period) before the end of the debate, the case is involved in a crime or the crime and the crime of false accusation, additional plays 
. 
 additional prosecution, in trial period to words.
Article 266th
 
(Sue force of human being) 
 prosecution efficiency, not to the prosecutor accused other than.
Article 267th
 
(Sue force of things the indivisible) 
 prosecutors on the facts of the crime a suitor, its effectiveness and to.
Article 268th
 
(the principle of no trial without complaint) 
 court shall not without prosecution of crime.
Article 269th
 
(cause and the program period, withdraw the prosecution) 
 prosecutor before the end of the debate in the first instance, to see that there are not charged or not charged for the appropriate cases 
, have to withdraw. 
 withdraw prosecution, shall withdraw its narrative.
Article 270th
 
(potency to withdraw the prosecution of 
) withdrawal of prosecution and non prosecution punishment has the same effect, with its withdrawal book as not to prosecute book, quasi 
 by 255th to 260th.

      ArticleThreeFestivalTrial

Article 271st
 
(a trial date and notify) 
 trial date, shall summon the defendant or his agent, and notify the public prosecutor, the defender, adjuvant. 
 trial date, the victims or their families should be summoned and make a statement. But legally summoned not to appear without 
 justification, or Chen Ming would not attend, or the court deems it unnecessary or inappropriate, limit this not in 
.
Article 271-1
 
(tell the agent appointed by quasi) 
 told people in the trial scene statement appointment of agent. But the court deems necessary, order the people to 
. The Commission shall put forward 
 appointment shaped in court, and quasi with twenty-eighth, thirty-second and three of article thirteen 
. But the agent for the non lawyers in the trial, for file and evidence shall review 
, copy or photography.
Article 272nd
 
(during the first trial date summons) 
 first trial period on the summons, in seven days after delivery; Article sixty-first of the criminal law in the case of the crime 
 after five days in.
Article 273rd
 
(preparation procedure should deal with matters and litigation behavior lack program regularly correction) 
 court in the first trial phase recently, summon the defendant or his agent, and notify prosecutors, defense 
 people, help people to court, for the program, as the following process: one, and 
 Sue force the range and have no should change the prosecutor guide should apply the law. Two, 
 interrogation of a defendant, agents and defender of the public prosecution facts are guilty of defense, and 
 decide whether to apply simplified trial procedure or simple. Important for 
 three, cases and evidence. Four, the 
 evidence ability. Five, Xiao Yu 
 as evidence investigation. Six, 
 evidence investigation scope, order and. 
 seven, life presents evidence or as evidence. 
 eight, other trial related. In the fourth 
 circumstances, courts in accordance with this law that there is no evidence, the evidence is not 
 than the trial date ideas. 
 provided in the preceding article, the preparation procedure shall apply. The first program 
 matters, shall make a written record of the clerk, and by the court of the record of the last 
 by signature, stamp or press. 
 first person legally summoned or notice, no justification is not present in court, the court may on to people 
 preparations. 
 prosecution or other action, the necessary legal program for lacking the situation can be corrected, method 
 institute should be set in the ruling period, life of its.
Article 273-1
 
(ruled simplified trial procedure) 
 except the defendant is convicted to death, life imprisonment, the light of the punishment for more than three years in prison or court the crime of higher 
 jurisdiction of first instance outside the program, in the first paragraph of the preceding article in the first, the fact 
 guilty of statement the presiding judge, will inform the defendant in trial procedure for the purpose of, and listen to the party, 
 agents, counsel and assistant of views, ruled that the simplified trial. 
 court for the ruling, that have not or not, shall cancel the original ruling, in accordance with the procedure for trial 
 usually. 
 under the aforesaid circumstances, should update the trial. But the parties without objection, the limit.
Article 273-2
 
(evidence simplified trial procedure in the 
) simplified trial procedure evidence investigation, not by the 159th first, 161st 
 two, 161st three, 163rd one hundred and seventy and one hundred and sixty-four 
 one to the provisions.
Article 274th
 
(transfer phase recently evidence of 
) court in trial period recently, have obtained or life put forward.
Article 275th
 
(period before the rights of producing proof) 
 party or counsel, in the trial period recently, present the evidence and apply to the court for the preceding article.
Article 276th
 
(witness the interrogation period recently) 
 court is expected to witness not trial date arrived at the scene, in the trial period before the interrogation. 
 court for trial period recently, life for the identification and.
Article 277th
 
(phase recently on the compulsory sanctions) 
 court in trial phase recently and, for search, seizure.
Article 278th
 
(reporting period before the office of 
) court in trial period recently, is essential information, request the pipe organ.
Article 279th
 
(designated to judge and permissions) 
 for Collegiate trial of cases, to prepare for trial purposes, to family member one to judge, in the trial 
 period recently, the preparation procedure, to handle the 273rd first, 274th, 276th and 278th 
 provisions. 
 ordered the preparation procedure, and the court or judge has the same. But the 121st 
 ruling, the limit.
Article 280th
 
(organization of 
 trial) trial date, shall be borne by the judge, the prosecutor and the registrar.
Article 281st
 
(the defendant to appear in court the obligation) 
 trial date, unless otherwise specified, the defendant does not appear, not. 
 Xu the defendant agent case, the agent.
Article 282nd
 
(free in the tribunal body) 
 defendant in court, shall not be binding to its. But the life guard.
Article 283rd
 
(the defendant in court compulsory) 
 defendant after the court, without the permission of the presiding judge, shall not. 
 judge because the fate of the defendant in court, it is quite.
Article 284th
 
(compulsory defense cases defenders of 
) thirty-first prescribed in paragraph 1 of the case without counsel present, shall not. But this is not 
 judgment.
Article 284-1
 
(collegiate trial) of paragraph 
 
 except the simplified trial procedure, simple procedure and the first paragraph of article three hundred and seventy-six, the second column of the crime, be the first instance.
Article 285th
 
(read the trial began -) 
 trial date, to read for the case.
Article 286th
 
(statements don't interrogation and prosecution of the 
) chief judge in ninety-fourth interrogation of a defendant, the prosecutor shall state the prosecution.
Article 287th
 
(interrogation of a defendant should inform the) 
 D.A. prosecution gist, presiding judge shall inform the defendant of the provisions of article ninety-fifth.
Article 287-1
 
(isolated or combined investigation of evidence, the debate program) 
 court deems appropriate, the authority or the parties or defenders in the ruling will apply, CO defendant 
 survey evidence or argument from program or. 
 under the aforesaid circumstances, because of the co defendant interest instead, and protect the rights of the defendant is necessary, should be separated 
 survey evidence or.
Article 287-2
 
(co defendant shall apply mutatis mutandis to) 
 court accused my case to investigate the co defendant, the defendant must use the common witness.
Article 288th
 
(evidence) 
 survey evidence should be on the 287th program finished. 
 judge on the party does not dispute in preparation procedure person other than the statement, only to read 
 or told to message generation. But the court believes it is necessary, this restriction does not apply to. 
 except the simplified trial procedure case, judge the alleged facts as interrogators, for investigation of evidence 
 program of the last row. The presiding judge of 
 defendant sentencing information investigation, in fact should be referred to in the preceding paragraph interrogation.
Article 288-1
 
(statement of rights and put forward favorable evidence informed) 
 judge each survey evidence Bi, should ask the parties have no. 
 presiding judge shall inform the defendant have put forward favorable.
Article 288-2
 
(debate evidence to prove force) 
 court shall the parties, agents, counsel or assistant to debate the appropriate evidence, proof machine 
.
Article 288-3
 
(statement of objection to the right) 
 parties, agents, counsel or assistant to chief judge or judge punishment to relevant evidence investigation or 
 litigation command in May, unless otherwise specified, the statement to the court. The court shall order the objection 
.
Article 289th
 
(debate) 
 survey evidence is completed, should be in accordance with the following order of facts and law respectively: one, 
 debate. Two, 
. Three, 
 defense. 
 has been debated, again for the debate, the presiding judge may life again. 
 pursuant to the preceding two after the debate, the presiding judge shall express opinions of the parties will sentence.
Article 290th
 
(the last statement) 
 judge to declare the end of the debate, the defendant should ask whether.
Article 291st
 
(open debate 
) after the end of the debate, when necessary, the court may order to open.
Article 292nd
 
(update trial for (a)) 
 trial date, shall always appear in judge; if there are more easily, should update the trial. 
 participation in the trial period before the preparatory procedure judge more easily, no update.
Article 293rd
 
(continuous trial and update trial causes (two)) 
 trial date than a period of the terminator, except for special circumstances, should be in the continuous hearing; following 
 session accident interval to fifteen days or more, should update the trial.
Article 294th
 
(stop trial (a) - insanity and a default judgment (a)) 
 defendant insanity, in its reply to stop. 
 defendant because of the disease can not appear in court, should be in the court to stop. 
 before the two defendant significantly should advertise innocence or from decision situations, not to appear in court, judge 
 directly. 
 allowable agent case appointed has a representative for the first three, not.
Article 295th
 
(stop trial (two) - related his conviction) 
 crime is established in his sin, and his sin has sued, in its judgement, stop 
 crime.
Article 296th
 
(stop trial (three) - independent of his conviction) 
 the defendant guilty of his crime by penalty decision has indicted, the court believes that the sentencing to should execute punishment 
 no significant relationship, in his sin before the end of the judgment.
Article 297th
 
(stop trial (four) - civil judgment) 
 crime is established or punishment should be exempt from the civil legal relationship, fault, while the civil prosecution 
 has, in the process to stop before the end of.
Article 298th
 
(stop trial reply) causes 
 294th first, second and two hundred and ninety-five to 297th to stop 
 trial destroyed, court should continue to trial, the parties may apply to the court to continue as.
Article 299th
 
(sentence or pardon decision) 
 criminal defendants has already proved, the sentence should advertise. But exempted from punishment, should instruct the 
 judgment from. 
 pursuant to Article sixty-first of the criminal law, as referred to in the preceding paragraph from pre judgment, and consider the situation told people or self 
 v. agreed, order the defendant to the following items: one, to 
. Two, 
 vertical repentance. Three, the 
 to pay a substantial amount of consolation. 
 under the aforesaid circumstances, should be recorded in the judgment. 
 second section third and the right to civil enforcement.
Article 300th
 
(change law under the preceding article) 
 judgment, have sued the criminal facts, change prosecutors cited should be applicable method.
Article 301st
 
(not guilty) 
 can not prove the crime or the behavior is not the penalty shall instruct. 
 according to Article eighteenth of the criminal law first or nineteenth in the first paragraph of the behavior is not punishment, think necessary to instruct security 
 points, and should instruct its disposition.
Article 302nd
 
(sentence of exemption from prosecution) 
 cases under any of the following circumstances, should instruct exonerative judgment: 
, once a decision. Two, 
 barred. Three, once 
 amnesty. Four, the 
 crime law has abolished the penalty.
Article 303rd
 
(not to accept the decision 
) in any of the following circumstances, shall not accept the judgment: 
 instruct a prosecution, procedure against. 
 two, has been indicted or private prosecution cases, in the same court for prosecution. Three, 
 told or request of the crime, not tell, tell, request or request the withdrawal or more than 
 told period. Four, 
 had not to prosecute, withdraw the prosecution or deferred prosecution expires without undo, contrary to the provisions of article ten 206th 
 another suit. Five, the death 
 or defendant legal person has no existence. Six, for the 
 without jurisdiction. Seven, 
 according to provisions of article eighth shall not for the trial.
Article 304th
 
(jurisdictional error judgment (a)) of the 
 no jurisdiction, jurisdiction shall instruct wrong judgment, and at the same time to advertise to jurisdiction.
Article 305th
 
(a default judgment (two)) 
 defendant refuses to make a statement, the statement is not simply the judgment; without permission may also.
Article 306th
 
(a default judgment (three)) 
 court should, criminal detention, fines or should advertise pardon or guilty case, the defendant legally summoned without 
 justification is not present in court, not the statement directly.
Article 307th
 
(with the exception of verbal trial of the 
) 161st fourth, the 302nd to the 304th sentence, not by the words 
 word debate.
Article 308th
 
(the content of judgment) 
 judgments of text and should be recorded separately, the referee for judgment; guilty and shall record the facts of the crime 
 book, with reason and.
Article 309th
 
(the guilty verdict book of records) 
 guilty decision to book, text specifying crimes, and respectively, record the following items: A, the 
 instruct punishment, penalty or punishment. Two, 
 advertise in prison or detention, such as to a fine, and the conversion of. 
 three fines, advertise, such as easy to servitude, the conversion of. 
 four, easy to instruct the disciplinarian. 
 instruct five, probation, the probation. Six, 
 instruct security punishment and the punishment.
Article 310th
 
(the reason guilty verdict of guilty verdict records) 
 book, should be within reason respectively contain the following items: 
 identification by crime, the evidence and its. 
 two, for the defendant's evidence is not adopted, the. Three, 
 sentencing provisions in respect of article fifty-seventh of the criminal law or the action of fifty-eighth matters. Four, 
 penalty aggravated, reduce or exempt, the. 
 five, easy to reprimand or probation, the. Six, 
 instruct security measures, the. Seven, the 
 application.
Article 310-1
 
(conviction records) 
 guilty verdict, advertise June fixed-term or detention must to a fine, fine or exempt from punishment, the 
 judgments have just recorded text of the judgment, criminal facts, evidence, for the evidence is not the name of mining 
, reason and applicable law. 
 judgment referred to in the preceding paragraph, the court found the facts of the crime and the same records, reference.
Article 310-2
 
(guilty verdict for simplified trial procedure of production) of a guilty verdict 
 apply simplified trial procedures, quasi with 454th.
Article 311st
 
(judgment of 
 period) judgment, since the end of the debate within fourteen days of date of.
Article 312nd
 
(judgment (two) - the defendant in court) 
 judgment, the defendant is not in the court should also be.
Article 313rd
 
(judgment (three) - subject) 
 declaratory judgement, judge not to participate in the trial.
Article 314th
 
(that may appeal the judgment and delivery) 
 judgment to appeal, the appeal and appeal to the court to declare form, be informed 
, and shall be recorded in the service of the decision. The original 
 judgment, and should be served to tell people, informer, tell people the appeal period, to 
 d.a..
Article 314-1
 
(original appendix crime law the judgment) 
 guilty verdict should note the original, focussing on the law.
Article 315th
 
(a verdict of) 
 criminal perjury and false accusation chapter or public reputation and credit crimes of crime, because the victim or other 
 tell right application, the judgment of a part or all of the newspaper, the costs incurred by the defendant.
Article 316th
 
(decision of detention effect) 
 custody of defendant, the advertise innocent, exempt from prosecution, exemption from punishment, probation, fined or easy to reprimand or 300th 
 zero three section third, fourth paragraph does not accept the decision, deemed withdrawn. But the appeal period or 
 appeal, orders, or limit the responsibility to pay the house; if not, the responsibility to pay or under house arrest, and 
 necessary cases, and must remain in custody.
Article 317th
 
(after the verdict attachment disposition) 
 seized without advertise confiscated, shall. But the appeal period or in case of necessity 
 appeal, must continue to seizure.
Article 318th
 
(stolen goods processing) 
 seizure of stolen property, according to the 142nd paragraph 1 shall be returned to the victim, should not be the request 
 line. 
 according to 142nd second provisional be returned without his advertise, as has the discretion 
 returned.

   ArticleTwoChapterPrivate prosecution

Article 319th
 
(proper private prosecution and trial can not be the principle of crime victim may institute 
). But no capacity or limited capacity or death, by the legal agent, 
 lineal relatives or spouses to. The 
 the prosecution filed, shall appoint a lawyer. 
 crime fact one Department filed a private prosecution, he though not private prosecution also to bring a private prosecution. But not 
 bring a private prosecution part is a serious crime, or the jurisdiction of the court of first instance is higher, or 320th 
 a situation, the limit.
Article 320th
 
(complaint) 
 private prosecution, shall submit to the jurisdiction of the court complaint is proposed. 
 complaint shall specify the following items: a defendant 
, name, sex, age, domicile or residence, or other adequate identification. 
 two, crime and the illegal facts and evidence. 
 referred to in the preceding paragraph shall record the facts of the crime, the crime facts and date of crime, time, place, Party 
. 
 complaint should be in accordance with the number of repairs, the.
Article 321st
 
(private prosecution limitation (a) - kin) 
 on lineal ascendants or spouse, not to mention.
Article 322nd
 
(private prosecution restriction (two) not to tell the requester) 
 told or request of the crime, has not told or request, may not.
Article 323rd
 
(private prosecution restriction (three) and began the investigation 
) the same case by prosecutors in the provisions of article 228Th started investigation, may not. But 
 tell of the crime, the direct victims of crime bring a private prosecution, the limit. 
 began after the investigation, prosecutors have private prosecution known before or the proviso, shall immediately stop the investigation 
, transfer the case. But in case of urgent situation, prosecutors should provide necessary disposition.
Article 324th
 
(the effect of private prosecution shall not be re told, request) 
 same cases bring a private prosecution, shall not tell or as 243rd.
Article 325th
 
(the prosecutor withdrawal of private prosecution) 
 told or request of the crime, the private prosecutor in the first trial before the end of the debate, to withdraw its. 
 to withdraw the prosecution, should be based on the book. But in the trial date or subject to interrogation, words. 
 clerk shall promptly withdraw his prosecution reasons, notice. 
 to withdraw the prosecution of the people, not to private prosecution or tell or.
Article 326th
 
(to withdraw the prosecution or the court rejected the prosecution to the court or judge 
), in the first trial phase recently, and the defendant, private prosecutor 
 evidence investigation interrogation, to see the case of civil or the use of private prosecution procedure to intimidate the accused, much to the prosecutor withdrawal. The interrogation 
 not open; non necessary, shall not first. 
 first news asked the survey results, such as that the case has 252nd, 253rd, 254th 
 situation, to the court rejected the prosecution, and quasi with 253rd 
 two paragraph 1 and paragraph fourth, second and three. 
 rejected the prosecution decision has been determined, the non case has 260th sections of one, not for the same 
 case again.
Article 327th
 
(a private prosecution person) 
 life private agent here, should notice; if necessary. The private prosecutor I arrived at the scene, should be summoned. 
 seventy-first, seventy-second and seventy-three shall, for the private prosecutor subpoena permitted.
Article 328th
 
(copy of the complaint service) 
 court to accept the complaint, should speed the copy sent to.
Article 329th
 
(does not accept the decision not to appoint instruct agent) 
 prosecutors in the trial proceedings date income behavior, in private prosecution procedure, by private agents. 
 private prosecutor fails to appoint an agent, the court should be set during the ruling order the appointed agent; overdue is not appoint any person 
, shall instruct not to accept the.
Article 330th
 
(help of prosecutor) should be 
 court private prosecution trial period days notice of prosecution. 
 prosecutor in a case of private prosecution, the trial date stated in court.
Article 331st
 
(advertise does not accept the decision agents unwarranted not to appear) 
 private agents through legal notice without justifiable reasons not to appear in court, should notice, and inform the private prosecution. 
 private agents unwarranted still does not appear, should instruct not to accept the.
Article 332nd
 
(bear or bear suit and a default judgment (five)) 
 private prosecutor in before the end of the debate, disability or death, it is composed of 319th first 
 the reed to bring a private prosecution person, within one month of may apply to the court for bear litigation; if no bear the litigation 
 or fails as the subject, the court shall respectively, such judgment or the procureur bear.
Article 333rd
 
(stop trial (five) - civil judgment) 
 crime is established or punishment should be exempt from the civil legal relationship, fault, while the civil without prosecution, 
 stop trial, and ordered the prosecutor filed a civil lawsuit, fails, should be to reject the 
.
Article 334th
 
(not to accept the judgment (two)) 
 may bring a private prosecution shall be instituted, instruct not to accept the.
Article 335th
 
(jurisdictional error judgment (two)) 
 advertise jurisdictional error of judgment, without the private prosecutor statement, no transferred the case to the jurisdiction.
Article 336th
 
(service of private judgment and punishment decision prosecutors) 
 cases of private prosecution shall be served on the book, and to the prosecution. 
 prosecutor accepts not entertained or jurisdictional error of judgment, that should be prosecuted, should begin to 
 or continuation.
Article 337th
 
(to appeal the verdict declared by the method of quasi) 
 314th paragraph, in the private prosecutor apply.
Article 338th
 
(counterclaim conditions) 
 filed a private prosecution victim crime fact directly, and private prosecution and the defendant for the victim, who was 
, told in the first instance before the end of the debate, mention.
Article 339th
 
(a counterclaim by quasi private prosecution procedure) 
 counterclaim, apply to private prosecution.
Article 340th
 
(delete)
Article 341st
 
(judgment counterclaim and counterclaim and private prosecution period) 
 private prosecution should be. But when it is necessary, in private prosecution judgement judgment.
Article 342nd
 
(independence counterclaim) 
 private prosecution withdrawal, not on.
Article 343rd
 
(private prosecution by quasi public prosecution procedure) 
 private prosecution procedure, unless there are special provisions in this chapter, the quasi with 246th, 249th 
 and chapter second, section third of public prosecution.

ArticleThreeCodingAppeal

   ArticleAChapterGeneral rule

Article 344th
 
(the right to appeal people (a) - party) 
 judgment are not parties to the lower court, to appeal to the superior. 
 private prosecutor in the end of the debate incapacity or death, the 319th paragraph 1 
 goes to bring a private prosecution person. 
 tell people or decision has not the victim to the lower court, also have the reason, request the 
 officer. 
 prosecutor defendant interests, also. 
 declared the death penalty or life imprisonment cases, the trial court shall not be appealed to the higher authority please send method 
 court trial, and notify the. 
 under the aforesaid circumstances, as the defendant has filed.
Article 345th
 
(the right to appeal people (two) - independent appeal) legal 
 accused agents or spouse, for the benefit of independent.
Article 346th
 
(the right to appeal people (three) agency appeal) agent or defender 
 the people, for the benefit of the defendant. But not with the explicit meaning 
 thinking instead.
Article 347th
 
(the right to appeal people (four) - a case of private prosecution prosecutors) of 
 prosecutors for prosecution decision, to be independent.
Article 348th
 
(the range) 
 appeal for one sentence is; not declared as a person, as a whole. 
 for judgment of appeal, the relationship between the parts, as also.
Article 349th
 
(appeal) 
 appeal for a period of ten days, from the service after the verdict. But the ruling declared before the service after appeal, also have 
 effect.
Article 350th
 
(appeal program) 
 appeal, should the above book like proposed for the trial court to. 
 appeal, should according to his party number, put it.
Article 351st
 
(in the prison told 
) in prison or jail defendants, within the period for appeal prison chief appeal letter, as 
 appeal period. 
 the defendant cannot self appeal letter, monitoring of the civil servants should be generation. 
 prison officer receiving an appeal shape, should still accept year, month, day, time, sent to the. The appeal 
 defendants pleadings, without prison chief author, the clerk of court upon appeal 
 shape, it shall immediately notify the prison.
Article 352nd
 
(the appeal, the service 
) the court clerk, should speed will appeal the copy, served on he made.
Article 353rd
 
(appeal rights to forgo) 
 parties have to abandon the.
Article 354th
 
(appeal withdrawal) 
 appeal for pre judgment, have to withdraw. The cases of third instance court remanded by the court, or the delivery and the original 
 trial courts at the same level of his court, the same.
Article 355th
 
(limited to withdraw appeal (a) - defendants agree to 
) for the interest of the defendant appeal, have to agree, not.
Article 356th
 
(limited to withdraw appeal (two) - prosecutors agreed) 
 private prosecutor appeal, the prosecutor agreed not to.
Article 357th
 
(abandon or withdrawal of appeal jurisdiction) 
 abandon the appeal to the trial court for, should be. 
 withdrawal of appeal, to the appeal court. But in the case file to the appellate court before, have 
 to the trial court for.
Article 358th
 
(abandon or withdrawal of appeal program) 
 abandon the right of appeal and the withdrawal of appeal, should be based on the book. But in the trial period, the words. 
 the provisions of article 351st, the right to abandon or withdrawal of appeal shall apply.
Article 359th
 
(abandon or withdrawal of appeal force) 
 abandon the appeal or withdrawal of appeal, the loss of the.
Article 360th
 
(abandon or withdrawal notices of appeal) 
 abandon the appeal or withdrawal of appeal, the court clerk shall notify him.

   ArticleTwoChapterSecond instance

Article 361st
 
(the second instance of the jurisdiction of the district court) 
 refuses to accept a judgment of first instance and appeal, to the jurisdiction of the court of second instance. 
 appeal letter should describe the specific. 
 appeal letter are not described in the grounds of appeal, appeal within twenty days after the expiration of the period for the book to 
 complement. If it fails to fill the provider, the court should be set during the first life correction.
Article 362nd
 
(the disposal of illegal court rejected the appeal and correction) 
 trial court that the program or the appropriate legal law should not be allowed to have his or their right 
 loss, should be to reject the. But the sub program of law can be corrected, should be set during the first life 
 correction.
Article 363rd
 
(sent to prison and to the file evidence of 
) in the preceding article circumstances, the court should speed the case file and evidence to the second instance. 
 defendants in detention or prison and not in the court of second instance is located, the court shall order the detention or confession 
 sent by the court of second instance in prison, and notify the second instance.
Article 364th
 
(the procedure of first instance by a quasi) 
 second instance trial, unless there are special provisions in this chapter, the first trial with quasi.
Article 365th
 
(the appellant appeals of statements) 
 presiding judge in ninety-fourth after the interrogation of the accused, the appellant appeals shall be stated.
Article 366th
 
(range second investigation) 
 court of second instance, the original judgment in the appeal should be the part of the investigation.
Article 367th
 
(second disposal of illegal appeal rejected correction) 
 court of second instance that the book like not narrative reason or appeals has 362nd front case 
, should take the decision to dismiss. But the situation can be corrected without the court order the correction, the 
 judge should be set during the first life correction.
Article 368th
 
(no reason to appeal the court of second instance) 
 that appeal without reason, should be rejected.
Article 369th
 
(back to reverse the original judgment and self judgment or) 
 court of second instance that appeal to reason or no reason, appeal, and the improper or illegal, should 
 original judgment in the appeal will be part of the revocation, on the case for. But because of the original judgment advertise tube 
 jurisdictional error, exempt from prosecution, not to accept the system properly and revocation, to the verdict will be the case remanded to the law 
 institute. 
 court of second instance for the original judgment not advertise jurisdictional error is improper and cancellation, such as the court of second instance 
 first instance jurisdiction of first instance, shall be.
Article 370th
 
(the principle of prohibiting disbenefit alteration (a)) by the defendant or the defendant 
 appeal interest appeal, court of second instance shall not advertise more focused on the original trial 
 will. But because of the original judgment applicable law is improper and cancellation, the limit.
Article 371st
 
(a default judgment (six)) 
 defendant legally summoned without justifiable reasons, not to appear in court, not the state, directly.
Article 372nd
 
(the exception verbal trial (two)) 
 367th decision on the jurisdiction and instruct error, exempt from prosecution or not to accept the decision on 
 appeal, court of second instance that it is no reason to dismiss an appeal, or to justify and cases 
 sent back the decision, not by words, debate.
Article 373rd
 
(to quote the first judgment of second) 
 written judgment by the first trial fact, reference book, evidence and reasons, to the case of first instance 
 important matters not discussed in the second instance, or the evidence or beneficial to the defendant excuse not 
 adopters, should be added to record the.
Article 374th
 
(to appeal the judgment of the original record method) 
 second trial, the defendant or the prosecutor may appeal, should and will appeal to reason during the 
 books, recorded in the service.

   ArticleThreeChapterThe third trial

Article 375TH
 
(third judge appeals under the jurisdiction of 
) the higher court of second instance or refuses to accept the judgment of first instance and appeal, to the Supreme Court to be. 
 supreme court refuses to accept a judgment of first instance of the high court of appeal, apply third trial.
Article 376th
 
(not to appeal a third trial of the 
) following cases of crime, the second trial, no appeal to the third instance. 
 one, most of this sentence of three years in prison, detention or a fine of specialist. 
 two, article 320th of the criminal law, article 321st theft. The 
 three, article 335th of the criminal law, article 336th second embezzlement. 
 four, article 339th of the criminal law, article 341st fraud. 
 five, article 342nd of the criminal law of breach of trust. 
 six, article 346th of the criminal law of intimidation. The 
 seven, article 349th of the criminal law second.
Article 377th
 
(appeal three trial reason (a) - contrary to law) in third 
 appeal court, non judgment goes against the law for reason, shall not be.
Article 378th
 
(meaning violates the law of 
) decision not applicable law or applicable improper, violation.
Article 379th
 
(of course violates the law of cause 
) under any of the following circumstances, the decision of course violates laws, court organization: 
 an illegal. 
 two, in accordance with the law or the referee should avoid the judge in the trial. 
 three, banning open trial is not in accordance with the law. Four, 
 court that has no improper jurisdiction system. 
 five, court proceedings or not to accept the lawsuit is improper. 
 six, unless otherwise specified, the defendant fails to appear in court on trial production of original trial. Seven, in accordance with this Law 
 application defender case or has designated defense counsel in court cases, without the production of original trial 
 defense. 
 eight, unless otherwise specified, not the prosecutor or the private prosecutor in court statement for the trial. 
 nine, in accordance with the law should stop or update the trial without stopping or update. 
 10, in accordance with the law, should be in the trial period to investigate evidence without investigation. 
 one one, not with the opportunity to finally statement. 
 one or two method, in addition to the special provisions, has requested items not judgment, or unasked. 
 items to judge. 
 one three, not by participating in the trial judges to participate in decision. One four, 
 judgment not loaded with reason or the reason of contradiction.
Article 380th
 
(the limit of three trial (two) - the grounds of appeal 
) in the preceding article circumstances, although the Department of violation of laws and procedures for judgment apparently no influence, not for 
 v..
Article 381st
 
(appeal three trial (two) - penalty variable, waste, from the original judgment) 
, punishment has abolished, modification or waiver, to appeal.
Article 382nd
 
(filed three trial appeal procedures) 
 appeal letter should describe the reason for the appeal; not the narrator, after ten days to mention appeal fill raise science 
 from books in the trial court; not to fill raise, no life of its complement. The 
 350th second, 351st and three hundred and fifty-two of the rules, to 
 reason books would be used.
Article 383rd
 
(defense of 
) he made the parties to accept an appeal shaped or complement justification book service, in ten days put forward to rejoin the book on the 
. 
 if prosecutors made he parties, reason to put the respondent shall appeal. 
 defense should provide the copy, the clerk of court served on appeal.
Article 384th
 
(the court dismiss and corrections to disposal is not a legal appeal -) 
 trial court that appeal program or the appropriate legal law should not be allowed to have his or their right 
 loss, should be to reject the. But the sub program of law can be corrected, should be set during the first life 
 correction.
Article 385th
 
(to the file and evidence of the three instance in the preceding article) 
 circumstances, the trial court to accept the written reply or forward defense period is full, should speed 
 the case file and evidence, to the third trial court prosecutors. 
 third trial court prosecutor accepts files and evidence, should be within seven days to add with submissions sent to third 
 trial. But in the trial court prosecutors presented above v. book or answer without his opinions, there is no 
 Tim with opinions. 
 without prosecutors appeal the case, the court shall file and evidence to the third trial method 
 jing.
Article 386th
 
(a Book shaped patch extraction) 
 appellant and his party, in the third instance court not before the decision to appeal, reason, a Book 
 book, opinions or additional grounds for the book in third. 
 the book like, should provide the copy, the third trial court clerk served for he made.
Article 387th
 
(the first trial procedure with the 
 quasi) third trial, unless there are special provisions in this chapter, the first trial with quasi.
Article 388th
 
(exclude coercive defence provisions of article thirty-first) 
 provisions do not apply to the third trial.
Article 389th
 
(the exception verbal trial (three)) 
 third trial court's decision, not by the words to debate. But the court considers it necessary, may order the debate. 
 the debate, not by law acts as agent or defender, not for.
Article 390th
 
(designated to judge and make report) 
 third trial court to life debate case to court, a human to judge, investigation and defense of appeal 
, making the report.
Article 391st
 
(read the report and statement of intent 
 appeal) trial date, was appointed magistrate should be in before the debate, reading report. 
 prosecutor, defender or agent shall be stated intention to appeal.
Article 392nd
 
(a debate with no arguments) 
 trial period, the private prosecutor or no agent, counsel to appear in court, by the prosecutor or the agent when he made 
 parties, defenders statement, shall be. The defendant and the prosecution of per capita no agent, arguing 
 support person present, not debate.
Article 393rd
 
(three trial investigation range (a) matters - the grounds of appeal) 
 third trial court investigation matters to the grounds of appeal, criticism. But the following matters, in accordance with the vocational 
 right: a survey 
, 379th sections of the. 
 two, exempt from prosecution for the. Three, to determine the facts 
 invoke laws when. Four, the original judgment 
 penalty is abolished, change or. The pardon or 
 five, the trial court after the defendant.
Article 394th
 
(three trial investigation (two) - the facts) 
 third trial court shall be confirmed by the second trial of fact judgment. But the procedure and 
 authority in matters of fact investigation, survey. The survey was 
, to judge the magistrate, and may entrust his court. The 
 before the two survey results, that the prosecution procedure violates regulations, third trial court may order the correction; the court has no jurisdiction 
 and in accordance with the original judgment laws have jurisdiction, not with no trial.
Article 395th
 
(decision appeal not lawful ruling dismissed) 
 third trial court that appeals has 384th cases, should be rejected; the 
 more than 382nd paragraph 1 period, and in third trial court does not pre judgment, not yet made a 
 grounds of appeal letter also.
Article 396th
 
(appeal for no reason the decision decision to dismiss) 
 third trial court that appeal without reason, should be rejected. 
 under the aforesaid circumstances, have to advertise.
Article 397th
 
(the reason the decision to rescind the original judgment) 
 third trial court that appeal has the reason, the original judgment in the appeal of.
Article 398th
 
(cassation (a) - self judgment) 
 third trial court because of the original judgment in any of the following circumstances and the revocation of the case, should be. But the sentence two shall be the latter, this restriction does not apply to: A, although the Department 
 violates the law, not the influence facts can be determined, according to that the referee. Two, we should instruct 
 exemption from prosecution or not to accept the. 
 three, three hundred and ninety-three paragraph fourth or paragraph fifth.
Article 399th
 
(cassation (two) - remand) 
 third trial court because of the original judgment advertise jurisdictional error, exempt from prosecution or not to accept the system properly and cancellation, 
 should take the remand judgment. However, when necessary, may simply have returned to the court of first instance.
Article 400th
 
(cassation (three) - delivery trial) 
 third trial court for the trial court not advertise jurisdictional error is improper and cancellation, should take the decision the 
 case delivery the second or first instance. But among the fourth cases, the jurisdiction of the court 
 second judgment, not to the jurisdiction of the error theory.
Article 401st
 
(cassation (four) - remand or trial) 
 third trial court by former three except for the situation and rescind the original judgment, should take the decision will be the case back to the trial court 
 hair, or hair to the court at the same level of him.
Article 402nd
 
(for the revocation of the original judgment of the validity of interest and benefit to the defendant) 
 revocation of the original judgment, such as the co defendant have common grounds for revocation, the 
 interests and in common.

ArticleFourCodingCounterappeal

Article 403rd
 
(counterappeal right and jurisdiction) 
 ruling parties are not satisfied with the court, unless otherwise specified, have challenged for the direct superior method 
. 
 the witnesses and expert witnesses, interpreters and other non party by the adjudicator, also.
Article 404th
 
(limitations and exceptions, exception of 
) for pre judgment about jurisdiction or procedure rule, shall not be. But the ruling, not on the 
 limit: 
 one, have challenged the regulations. Two, 
 about custody, securities, responsibility, pay restrictions, search, seizure or detention house, because in 
 object returned will be told to the hospital or other award and in 105th of third, fourth 
 items for banning or seizure. Three, to limit 
 defender and the defendant received or exchange letters.
Article 405th
 
(counterappeal limit (two)) 
 not appeal to the trial court in the third case, the second instance court for ruling, not.
Article 406th
 
(exception period) 
 counterappeal period, unless otherwise specified, for five days, since the delivery period. But ruling by declaring that served after 
, before the counterappeal, also have the effect.
Article 407th
 
(exception program) 
 mention counterappeal, should take the counterappeal book, describes the exception reasons, put forward to the trial court for.
Article 408th
 
(the trial court to protest the disposal) 
 trial court that exception program or the appropriate legal law should not be allowed to, or the counterappeal right has 
 loss, should be to reject the. But the sub program of law can be corrected, should be set during the first 
 life correction. 
 trial court that exception has the reason, should correct its ruling; think in whole or in part, without reason, 
 shape shall be accepted the appeal within three days, to the appeal court, and more.
Article 409th
 
(counterappeal effect) 
 counterappeal without stop execution adjudication. But the trial court for ruling counterappeal court before, can be ruled 
 stop execution. The appeal court ruling 
 to stop the.
Article 410th
 
(period to file and evidence and verdict) 
 trial court considers necessary, shall make the case file and evidence to the counterappeal. 
 counterappeal court deems it necessary, ask the court to the case file and. 
 counterappeal court received the case file and evidence, shall within ten days.
Article 411st
 
(disposal of illegal exception of counterappeal court) 
 counterappeal court that challenged with 408th first part cases, to reject the. But the situation can be corrected without the court order the correction, the presiding judge shall set up during the first 
 is life.
Article 412nd
 
(the exception of no reason) 
 counterappeal court that the exception for no reason, to reject the.
Article 413rd
 
(the exception is the reason) 
 counterappeal court that the exception has the reason, should be based on the original ruling revoked in order; when necessary, and since the 
 for.
Article 414th
 
(notice of Appeal ruling) 
 court, shall notify the.
Article 415th
 
(be ruled and counterappeal of 
) on appeal court ruling, may not. But for ruling the following exception to initiate, 
 again challenged: 
 one, to dismiss the appeal ruling. Two, 
 to appeal for reinstatement of the ruling counterappeal overdue. 
 three, ruling for the retrial petition counterappeal. Four, for the 477th 
 fixed penalty ruling counterappeal. Five, the statement 
 ruled for 486th questions or objections counterappeal. 
 six, the witnesses and expert witnesses, interpreters and other non party to the ruling counterappeal. The 
 the proviso, for in 405th shall not be challenged the ruling, not applicable.
Article 416th
 
(quasi counterappeal scope, application period and adjudication) 
 for trial, the judge, long to judge or prosecutor for the following punishment may, by the office 
 people may apply to the court to cancel or change 
: A, custody, about to pay, responsibility, under house arrest, search, seized or seized back, because in 
 will place the defendant admitted to a hospital or other disposition and one hundred and five of third, fourth for a 
 the prohibition or seizure. Two, 
 for witnesses, appraisers and interpreters penalty trowel. Three, to limit 
 defender and the defendant received or exchange letters. 
 four, for thirty-fourth third designated. 
 referred to in the preceding paragraph, the search seized revoked, the trial court to declare the buckle to things, not as a license 
. 
 first sound please during a period of five days, from the date of disposal, it served after the service, since the. 
 409th to 414th provisions under this article shall apply mutatis mutandis. 
 twenty-first paragraph, in the award revocation or change the judge who apply.
Article 417th
 
(quasi application program of the preceding article for 
 counterappeal) should be based on the book describes not reason, proposed for the court of jurisdiction.
Article 418th
 
(quasi relief and the mention counterappeal or an error counterappeal quasi counterappeal) 
 court 416th application for adjudication, shall not. But for the cancellation shall be the 
 apply for, to mention counterappeal. In accordance with the provisions of this part 
 may bring an appeal, and the error is to withdraw or change the applicant, as has been challenged; the 
 have to withdraw or change the application without any exception, as existing.
Article 419th
 
(counterappeal mutatis mutandis appeal provisions) 
 counterappeal, unless there are special provisions in this chapter, chapter third first apply for appeal.

ArticleFiveCodingRetrial

Article 420th
 
(as against the interests for retrial reason (a)) 
 guilty judgment, under any of the following circumstances, to against the interests, may apply to the 
 retrial 
: A, the original judgment on evidence has proved to be forged or altered. Two, 
 original judgment on the testimony, appraisal or the interpreter has proved to be false. 
 three, were found guilty person, has proved its is false. The 
 four, the original judgment on common court or a special court decisions have the change. 
 five, participate in the original judgment or verdict or judgment of the investigation of the judge, or participate in the investigation or prosecution 
 prosecutor, because the case made their sin has proved, or because of the illegal cases of dereliction of duty 
 have been affected by the disciplinary action, enough to affect the original judgment. Six, the new 
 found conclusive evidence, full recognition should be guilty, guilty of exemption from prosecution, but lighter than the original judgment or 
 name the guilty verdict. The 
 subparagraph 1 of the preceding paragraph to paragraph third and paragraph five to prove, by a court decision, or the criminal procedure 
 not started or continued line is not because of a lack of evidence is limited, may apply.
Article 421st
 
(as against the interests for retrial reason (two)) 
 not appeal to the third instance court cases, except the provisions of the preceding paragraph, the second determine the guilty verdict 
 decisions, such as the important influence on foot decision evidence leakage without trial action, also to the interests of the decision 
, application.
Article 422nd
 
(the interest judgment the retrial petition reason) the 
 guilty, guilty, exempt from prosecution or not to accept the judgment, under any of the following circumstances, by the decision 
 people don't interest, may apply to 
 retrial: A, the first paragraph of article 420th, paragraph second, fourth or fifth the. By two, 
 innocence or light for a penalty decision, and in litigation or litigation confession, or the new discovery is 
 real evidence, that the foot should be guilty or severe judgment of the facts of the crime. 
 three, are exempt from prosecution or not to accept the decision, and in litigation or litigation readme, or send the new see really 
 evidence, enough that it is not exempt from prosecution or not to accept the reason.
Article 423rd
 
(during the retrial petition of (a)) 
 retrial petition for after the punishment, or is not subject to execution, may be.
Article 424th
 
(during the retrial petition of (two) 
) according to the provisions of article 421st, because of the important evidence leakage without trial and retrial petition action, should be within twenty days after delivery shall be sentenced to 
.
Article 425th
 
(period for retrial (three)) 
 is unfavorable judgment people beneficial retrial petition, for judgment, the article eightieth of the criminal law. The first 
 during 1/2, shall not be.
Article 426th
 
(retrial jurisdiction) 
 retrial petition the court, by the decision of the trial. 
 one sentence have appeal, a without appeal, on the part of the retrial petition, and 
 trial court the appeal determined to begin retrial ruling, the 
 in the first instance to determine the part of retrial petition, should also be under the jurisdiction of the court of second instance. 
 judgment in determining the third trial, the judgment for retrial, the trial court judge is divided by third of the 
 four hundred and twenty section fifth for reasons outside the court of second instance, shall be under the jurisdiction.
Article 427th
 
(retrial petition right (a) - against the interests 
) against the interests of retrial petition, by the following people: a court of competent jurisdiction, 
. Two, the decision 
. Three, 
 statutory sentence agent or. Four, 
 against the deaths of, their spouses, lineal relatives by blood, three dear, collateral relatives by blood, marriage or two parents, dear 
 within.
Article 428th
 
(retrial petition right (two) - for decision does not interest) 
 is unfavorable judgment people beneficial retrial petition, the jurisdiction of the court and the prosecution by the prosecutor for prosecution; but 
 voice please retrial who, with the first 422nd provisions of paragraph. 
 private prosecutor has incapacity or death, the 319th paragraph 1 may bring a private prosecution 
, as described in the preceding paragraph.
Article 429th
 
(application program) 
 retrial petition, should be based on the book like the retrial reason, attached with the original judgment of copy and evidence, proposed for pipe 
 jurisdiction court.
Article 430th
 
(apply for retrial effect) 
 retrial petition, without stopping the execution of punishment. But the court prosecutor for retrial before the ruling 
, may be ordered to stop.
Article 431st
 
(retrial for withdrawal and validity) 
 retrial application, to re trial, have to withdraw. 
 withdrawal of retrial for people, not even in the same reason for.
Article 432nd
 
(withdrawn appeal shall apply 
) 358th and the provisions of article three hundred and sixty, in the retrial petition and withdrawn by quasi.
Article 433rd
 
(for ruling - illegal court rejected) 
 court for retrial procedure that violates the provisions, to reject the.
Article 434th
 
(order - for no reason the court rejected) 
 court that no retrial, to reject the. 
 after the ruling, not even in the same reason for.
Article 435th
 
(ruled - application have reason to start the retrial verdict) 
 court held a retrial, retrial should be started. 
 as the ruling after ruling, to stop the penalty. 
 on the first ruling, in three days.
Article 436th
 
(retrial trial) 
 start retrial verdict is determined, the court should according to the instance of the usual procedure, more.
Article 437th
 
(the exception verbal trial (four) 
) against the deaths, for the benefit of the retrial petition cases, should be no debate, the procuratorial 
 officer or the prosecutor to book like statement, shall be. But the private prosecutor has incapacity or death 
 dead, was provided by 332nd to take action for a month 
 may apply to the court for the litigation; if no bear the litigation or fails to bear, the court may direct judgment, or notify the prosecutor's statement 
. 
 was against the interests for retrial cases, the decision to re trial before death, mutatis mutandis 
 referred to in the preceding paragraph. The provisions of the 
 with two before the verdict, not.
Article 438th
 
(end of retrial procedure) 
 is unfavorable judgment people benefit for retrial cases, the decision to re trial before death, the 
 retrial petition and the retrial ruling, losing its.
Article 439th
 
(the principle of prohibiting disbenefit alteration (two)) 
 is against the interests of the retrial petition cases, advertise a guilty verdict, not on the original judgment 
 instruct the.
Article 440th
 
(retrial advertise acquittal of publicity) 
 is against the interests of the retrial petition cases, advertise acquittal, should the decision book 
 Deng bulletin or other.

ArticleSixCodingVery appeal

Article 441st
 
(the reason is very appealing and mention right people) 
 judgment, hair see the trial system violates the law, the Supreme Court Prosecutor attorney general to the Supreme Court 
 brought very.
Article 442nd
 
(application program is filed appeals) 
 prosecutors found situations referred to in the preceding article, book the case file and evidence to the Supreme Court. 
 police department shall have the opinion of attorney, claims filed very.
Article 443rd
 
(mention program very appeal) 
 mention very appeal, should be very appeal stated reason, proposed to the Supreme court.
Article 444th
 
(the exception verbal trial (five)) of the 
 very appeal the judgment, without oral argument for.
Article 445th
 
(the scope of the investigation) 
 supreme court investigation, in the grounds of appeal criticism. 
 the provisions of article 394th, in the very appeal permitted.
Article 446th
 
(very appeal disposal without reason rejected the decision) 
 think very appeal without reason, should be rejected.
Article 447th
 
(very appeal disposal for) 
 think very appeal has the reason, should be respectively following judgment: a 
, the original judgment violates the law, the violation of. But the original judgment against the accused, should be 
 case. Two, 
 proceedings against the law, cancel the. 
 subparagraph 1 of the preceding paragraph, such as system mistakenly believe that no trial without the acceptance, or other necessary to maintain the level of trial 
 stakeholders, the original decision to withdraw, by the court in accordance with the procedure before judgment is more. 
 but not advertise a definitive judgment on the.
Article 448th
 
(effect very appeal the judgment of the 
) is to appeal the decision, in addition to and two in the first paragraph of the preceding article first proviso stipulated, its effectiveness 
 inferior to.

ArticleSevenCodingSummary procedure

Article 449th
 
(elements for summary judgment of the court of first instance) 
 according to the defendant in the investigation of confessions or other existing evidence, have identified perpetrators of 
, as prosecutors claim, without usually trial procedure, jing to summary judgment. But it is necessary to 
, should sentence before interrogation of a defendant. Prosecutors in the case 
 programs usually by the defendant confession crimes, prosecution, courts that should be simple sentence 
 must sentence, not usually trial procedure, jing to summary judgment. 
 items prescribed punishment pursuant to the preceding two subjects to probation, to a fine or to social labor period 
 in prison and detention or a fine.
Article 449-1
 
(to handle cases of summary procedure) procedure 
 simple case, by Jian Yiting for.
Article 450th
 
(summary judgment of the court (a) - sentence from sentence, 
) to summary judgment sentence, and the confiscation or for other necessary. 
 299th paragraph 1 shall apply to the judgment.
Article 451st
 
(for summary judgment of 
 prosecutors) taking into consideration the circumstances of the case, think it is appropriate to summary judgment sentence, shall be in writing. 
 the provisions of article 264th, in the application of quasi with. 
 first sound please prosecution have the same, and. 
 defendants in the investigation confessor, may request the prosecutor for the first.
Article 451-1
 
(prosecutors to specifically for a sentence of the first paragraph of the preceding article 
) the case, the defendant in the investigation confessor, officials said the sentence will fan 
 Wai or are willing to accept the prosecution probation to declare, prosecutors agreed, should be noted in the record, and that is to the table 
 shown based the court asked to punishment, or probation. 
 prosecutors as referred to in the preceding paragraph for punishment or request, may consult the opinions, and consider the situation, by the 
 others agree, order the defendant to the following items: 
 one, to the victim. 
 two, to pay a substantial amount of compensation for the victim. 
 defendant confession crime is not a first said, in a trial to court, the prosecutor may also 
 in told express to the court sentencing or request for probation. 
 first and set forth in the preceding paragraph, the court should to prosecutors for punishment or probation request scope for the decision 
, but under any of the following circumstances, this restriction does not apply to: A, the 
 crimes out of 449th set to summary judgment sentence cases. Two, the court found 
 crime fact and prosecutors to in order to place the fact not symbol, or in the 
 found in other referee found a crime fact, full recognition of prosecutor sentencing was inappropriate. Three, 
 court in hearing, that should be the guilty, exempt from prosecution, not entertained or jurisdictional error judgment advertise. The 
 four, prosecutors asked apparently improper or unfair.
Article 452nd
 
(Trial) 
 prosecutors asked by summary judgment sentence case, the court considered 451st of the four paragraph of article 
 circumstances, should apply generally the procedure for trial.
Article 453rd
 
(summary judgment of the court (two) - immediately dispose of 
) in sentence case summary judgment, the court shall immediately.
Article 454th
 
(summary judgment should load matters) 
 summary judgment, shall record the following items: 
 a, fifty-first first. Two, 
 criminal facts and evidence. 
 three, applicable law. 
 four, 309th each paragraph. Ten day five, 
 self summary judgment is served, to appeal. But no appeal, this is not 
. 
 the judgment, to look for the facts of the crime, such as identification of evidence, and should be applicable method 
 strip, and prosecutors asked simple sentence sentence book or the indictment records the same, reference.
Article 455th
 
(service summary judgment of the original) 
 clerk accept summary judgment originally, should immediately make original served, and quasi with 314th 
 second.
Article 455-1
 
(appeal against the judgment of simple 
) for summary judgment may appeal to get there, the second instance court the jurisdiction. At the request of the 
 according to one of 451st for the judgment of sentence, not. The 
 first appeal, quasi with third series of the first chapter and the two chapter, in addition to 361st external. 
 to apply summary procedure cases to verdict of dissent, have challenged for the second method under the jurisdiction of 
 College collegiate. 
 the counterappeal, quasi with fourth series.

ArticleSevenSeries oneNegotiation procedure

Article 455-2
 
(consultation process the request made by 
) except for the death penalty, life imprisonment, the light of the punishment for more than three years in prison for the crime or the court of first instance jurisdiction tube 
 those cases, prosecutors indicted or for summary judgment in the first instance sentence, 
 words before the end of the debate or summary judgment before the event, prosecutors have to consult the opinions, 
 directly or by the defendant or his agent, the defense of the request, the court agreed, on the following matters to the 
 sentenced to external consultations, the parties agreement and the defendant pleads guilty, by prosecutors asked the Court changed according to 
 consultation procedures for judgment: a defendant may be 
, sentencing range or are willing to accept. The victim to the 
 two. 
 three, the payment of compensation amount. Four, 
 group must pay the defendants to the treasury or the specified public interest groups, local autonomy. 
 prosecutor is referred to in the preceding paragraph second, third items to negotiate with the defendant, deserve the victim. The negotiation 
 first period shall not exceed thirty.
Article 455-3
 
(undo negotiation) 
 court should apply for acceptance within ten days preceding the interrogation of a defendant, and tell the guilty, punishment and 
 lost. 
 defendant in before the end of the program, at any time revoke the negotiation. Accused of violating and content prosecutors protocol 
 when, prosecutors also in the program before the end of the negotiation process, apply for withdrawal.
Article 455-4
 
(the case shall not be negotiation decision) 
 under one of the following circumstances, the court shall not be negotiated for the decision, the provisions of the preceding article 
: a second item revocation or withdrawal of consultative agreement. For freedom 
 two, the negotiation will mean non. Three, the 
 negotiation agreement apparently improper or unfair. 
 four, the defendant committed the crime of non article 455th two the first paragraph to apply negotiation decision. Five, the court finds that the facts 
 explicit and consultation agreement does not fit the facts. Six, the 
 other heavier referee a crime criminal facts. Seven, the court shall instruct 
 recognition from or exempt from prosecution, not to accept the. In addition to the situation of 
 referred to in the preceding paragraph shall have one person, the court should not through debate, to negotiate acceptable range for 
. The court for negotiation decision science punishment, probation, to announce the following two years in prison, detention or 
 or fine. 
 parties such as 455th of the first second paragraphs two to fourth section of the agreement, the court should remember 
 contained in a record or judgment. 
 court in accordance with the scope of consultation for the decision, 455th of the first third paragraphs two, fourth and 
 for civil compulsory execution.
Article 455-5
 
(postulate the appointed defense of people) 
 negotiation cases, the defendant may be said of punishment than in prison in June, and is not affected by the probation, the selection of 
 without counsel, the court shall specify the public defenders or lawyers to defend people, assist in Co. 
 defenders in the consultation process, the negotiation was a statement of fact and legal matters. But may not negotiate with the opposition 
 express.
Article 455-6
 
(reject) 
 Court on 455th of two the first consultation application, that 455th of four 
 first sections of the circumstances, the court rejected the application should be, usually, simplified trial or 
 summary procedure. 
 the ruling, not.
Article 455-7
 
(consensus statements shall not be in this case in the process of mining or other case for the defendant or the accomplice of adverse evidence) 
 court not negotiated for the judge, the defendant or his agent, the defender in the consultation process statement, not 
 in this case and other cases collected for the defendant or other accomplice or not.
Article 455-8
 
(decision making consultation service shall apply mutatis mutandis to the 
) negotiation judgment making and delivery, quasi 454th, article 455th.
Article 455-9
 
(judgment shall apply mutatis mutandis to record delivery and its effect) 
 negotiation decision, only the clerk will main body, the facts of the crime and punishment provisions stated in the declaration of judgment 
 must record, with generation of judgment. But in the declaration within ten days date of judgement, the court delivered 
 voice please judgment, the court should make the judgment for the. The 
 transcripts original or abridged served as referred to in the preceding paragraph, must with the provisions of article 455th, and with the judgment of the 
 served the same.
Article 455-10
 
(not appeal the exception) 
 according to the coding for the judgment of sentence, not. But there are circumstances the 455th of the four item 1 of paragraph 
, second, fourth, sixth, seventh, or negotiation decision in violation of the provisions of the second paragraph of the same 
, unless. 
 on the proviso appellate matters investigation, the court of second instance in the above reason criticism. 
 court of second instance that appeal has the reason, the original judgment should be revoked, remand the case of first instance method 
 Institute in pre judgment procedure more.
Article 455-11
 
(negotiation decision shall apply mutatis mutandis to the appeal) 
 negotiation decision appeal, in addition to the series of special regulations, quasi with third series of chapter one and chapter two. 
. The 
 159th first, 284th one of the provisions, on the negotiation procedure does not apply 
.

ArticleEightCodingExecution

Article 456th
 
(enforcement of judgments period) 
 referee except on security measures for determining who, after the implementation of. But it is otherwise prescribed, the limit.
Article 457th
 
(command authority) 
 execution adjudication by the court prosecutors command. But the nature of the court or judge, judge, the judge life by 
 command, or special provisions, the limit. 
 therefore dismissed the appeal and counterappeal referee, should perform the lower court judges or due to withdrawal of appeal, the appeal 
, by the superior court prosecutor's command. 
 before two, the volume in the lower courts, by the court prosecutor's command.
Article 458th
 
(command execution mode) 
 command execution, shall be attached with the command book book or record copy or abridged for the. But the command executed outside penalty 
 or measures of security, there is no production command books, this restriction does not apply to.
Article 459th
 
(the order of execution of punishment) of more than two 
 punishment execution, in addition to fines, should perform its person, but when it is necessary, the prosecutor may 
 life first execute him.
Article 460th
 
(the death penalty execution (a) - review of death sentence) 
 advertise to determine, prosecutors should speed the dossier on the case to the judicial administrative supreme.
Article 461st
 
(the death penalty execution (two) - and then implement the audit period) 
 death, shall be approved by the judicial administrative organ of the highest order, to make inside three executive. But the chief prosecutor, 
 see case is suitable for retrial or extraordinary appeal reason, in judicial and administrative most 
 high authority within three days. Please, coupled with the audit.
Article 462nd
 
(the death penalty execution (three) - place) 
 death penalty, in prison execution.
Article 463rd
 
(the death penalty execution (four) - the presence of people) 
 executed, by the prosecutor to visual, and ordered the clerk. 
 executed, but the prosecutor or prison officers license, not for execution.
Article 464th
 
(the death penalty execution (five) - record) 
 executed by the court clerk, making. 
 record, by the prosecutor and prison officers.
Article 465th
 
(stops the execution of death criminal and resume execution from the death penalty) 
 advertise, such as in the spirit of the loss in order to stop, by the judicial administrative organ of the highest. The death penalty 
 advertise women gravid person, in the pre production, by the judicial administrative organ of the highest order to stop the 
. 
 items according to the preceding two shall cease to be implemented, to the recovery or after production, non judicial administrative organs shall make the highest life 
.
Article 466th
 
(execution of freedom penalty in prison and detention 
) at people, do not have division law provisions, in prison respectively, detention, the service 
. But because of the plot, exempt from servitude.
Article 467th
 
(stops the execution of freedom penalty 
 reasons) by prison or detention advertise and under any of the following circumstances, according to prosecutors command, accident to heal or 
 the destroyed before, to stop the implementation of 
: one, mind. 
 two, more than in May. Three, under the 
 production in February. Four, 
 now suffers from disease, fear for execution and cannot guarantee its life.
Article 468th
 
(to stop the implementation of medical inmates 
) in subparagraph 1 of the preceding article paragraph 1 and four suspended, prosecutors will be admitted to a hospital or the inmates 
 he appropriate.
Article 469th
 
(the mandatory punishment of execution of punishment by death before 
), in prison or detention advertise, but without the detainee, prosecutors in the implementation, should be summoned the 
; not to be summoned, arrested row. 
 inmates referred to in the preceding paragraph, the first in seventy-sixth and paragraph two paragraph, an arrest, and in accordance with the provisions of article eighty-four 
 wanted.
Article 470th
 
(the execution of the property punishment) 
 fine, fine, confiscation, not into, after feature, recovery and compensation should be in accordance with the referee, the prosecutor ordered 
 execution. But, in the referee declared after the fine penalty, such as through the consent of the prosecutor is not present 
, by the judge in court command execution. 
 the command and execution of the same name. 
 fines, confiscated, after feature, recovery and compensation, to the inmates of heritage.
Article 471st
 
(Civil quasi and entrust execution execution) of the preceding article 
 execution, the execution of civil judgment standard. The prosecutor in 
 execution, when necessary, may entrust the local court civil execution at. The 
 prosecutor entrusted execution, the exemption from execution.
Article 472nd
 
(sanctioning authority forfeits) 
 forfeiture, by the prosecutor sanction.
Article 473rd
 
(forfeits claim reimbursement) 
 forfeiture, after three months in the implementation, please back by the right people, should be destroyed or abandoned outside 
, prosecutors should be returned; it has the auction, the price should give the proceeds from the auction.
Article 474th
 
(be forged disposal variable creation of) 
 forgery or alteration of the prosecutor, in return, it should be forged, altered or to remove 
.
Article 475th
 
(seizure notice things returned not and effect) 
 attachment should be returned to the people is unknown, or because of other accidents can not be returned, the prosecutor should notice 
; since the date of the announcement over six months, no voice please back, with its property ownership. 
 although in the period, the worthless objects abandoned; inconvenient storage, custody of its 
 life auction price.
Article 476th
 
(for the revocation of probation probation) 
 announcement shall be revoked, the inmates of the place where the domicile of the local court prosecutor 
 petition the court.
Article 477th
 
(for more the penalty 
) according to article forty-eighth of the criminal law should be revised its punishment, or in accordance with article fifty-third of the criminal law and the fifty-four shall be in accordance with Article fifty-first of the criminal law of 
 fifth paragraph and seventh paragraph, the punishment should be performed, by the case of criminal 
 fact final judgment court prosecutors, application the court ruled that. The 
 the execution of punishment, torture or the legal representative, the spouse, may also request the inspection 
 prosecutors sound please.
Article 478th
 
(execute exempt from slavery) 
 pursuant to this act shall be exempt from labor 466th provisos, command execution by prosecutors command.
Article 479th
 
(to the execution of servitude) 
 according to article forty-first of the criminal law and article forty-two, article forty-second one of the community service or easy to service 
 battle, command execution by prosecutors command. 
 to social labor, by the command execution prosecutors command to the tube procuratorate designated government agencies, 
 government agencies, administrative, community or other accords with public interest organizations or groups to provide labor, 
 and.
Article 480th
 
(easy to servitude respectively execution and permitted items) 
 fine easy to servitude, and in prison or detention shall be made, respectively. 
 467th and the provisions of article four hundred and sixty-nine, to apply to servitude. 
 467th provisions for community service, easy to apply.
Article 481st
 
(executive measures of security) 
 execution in accordance with article eighty-sixth of the criminal law third, eighty-seventh third, eighty-eighth second, nineteen second, eighth 
 ninetieth second or ninety-eighth first paragraph from the punishment 
, ninetieth third licenses to extend sanctions, ninety-third second to pay the protection tube bundle, or the 
 ninety-eight paragraph 1, second from the execution of penalty, punishment and ninety-nine license. 
 line, by the prosecutors' please the criminal facts final judgment court. One of ninety-first 
 impose a mandatory treatment and with the second stop compulsory treatment, the same. 
 prosecutors in article eighteenth of the criminal law of the first or nineteenth first to non prosecution punishment, such as 
 considered the declaration of security measures necessary, may apply to the court ruling. 
 court without declaring the security measures, and prosecutors argued that must be declared, after three months in the 
, may apply to the court for adjudication.
Article 482nd
 
(easy to training cover Lve sash school according to article forty-third of the criminal law 
 easy to admonitor, by the prosecutor of execution.
Article 483rd
 
(statement of doubt - a guilty verdict of literal) 
 parties for a guilty verdict of the meaning of doubt, have to advertise the referee court statement.
Article 484th
 
(command execution objection - of prosecutor) 
 prisoners or their legal representatives or spouse by prosecutors to execute command is improper, the court may instruct the referee to 
 statement.
Article 485th
 
(statement of doubt or objection and withdrawn) 
 statement doubt or objection, should be based on the book. 
 statement of doubt or objection, to the referee to withdraw before the book. 
 351st stipulation, to doubt or statement of objections and withdrawn by quasi.
Article 486th
 
(determination of doubt, objection statement) 
 court should be the question or statement of objections that.

ArticleNineCodingIncidental civil action

Article 487th
 
(incidental civil parties and request scope) crime by 
 because of injury, in criminal procedure have been attached to the civil lawsuit, and 
 civilly liable person, reply to the request. The 
 the request scope, according to the civil law.
Article 488th
 
(mention period) 
 to file an incidental civil action, should be in the prosecution after the second before the end of the debate is. But mentioned in the article 
 trial after the end of the debate the, shall not be filed.
Article 489th
 
(court) 
 court criminal litigation as sixth second, eighth to tenth judges, as a supplementary civil action has the same 
. 
 criminal litigation jurisdiction and transferred to the wrong instruct the case should be incidental civil action, and for the same 
.
Article 490th
 
(applicable law: (a) criminal law) 
 incidental civil action in this series of special regulations, the use of quasi criminal procedure. But the transfer 
 or send back, delivery in civil court, shall apply to the civil procedure law.
Article 491st
 
(applicable law (two) - Civil Procedure Law on the following matters) 
 civil procedure rules, in incidental civil action shall apply mutatis mutandis to 
: A, party ability and. Two, 
 together. Three, 
 litigation. 
 four, litigation agent and adjuvant. Five, the 
 procedure. Six, the 
 party himself. Seven, 
. Eight, to abandon the 
. Nine, the 
 appeal and appeal or protest. 
 10, false arrest and false, false action.
Article 492nd
 
(mention program (a) - complaint) 
 to file an incidental civil action shall be presented in court pleadings. 
 the complaint, must use the civil procedure law.
Article 493rd
 
(service complaint and preparing pleadings of the parties to 
) complaint and litigation pleadings, shall he made the copy number, by the court for 
 he.
Article 494th
 
(to summon the parties and the relationship between the people 
) criminal trial date, to summon the litigants and litigation with incidental civil relationship.
Article 495th
 
(mention program (two) - words) 
 the plaintiff in trial date to appear in court, to words, to file an incidental civil. 
 its verbal suit, the lawsuit shall state the matters which should be indicated, are recorded in the. 
 forty-first second to fourth shall, in the notes apply to. The plaintiff sued to 
 words he made is not present, or although there requesting service record, should be sent to him 
 reached record.
Article 496th
 
(the trial period 
) the supplementary civil action in criminal trial, the trial should be performed. But the trial as long as think appropriate 
, also at the same time survey.
Article 497th
 
(no attorney participation) 
 prosecutors in incidental civil lawsuit, No.
Article 498th
 
(not to be stated for judgment) 
 parties legally summoned, without justifiable reasons not to appear in court or to the court not to debate, not to the Chen 
 for decision; it may also without permission.
Article 499th
 
(method of investigation evidence 
) the criminal suit evidence, as is also the incidental civil action. 
 aforementioned investigation, incidental civil lawsuit party or agent must statement.
Article 500th
 
(the fact that) 
 of incidental civil lawsuit, the criminal judgment facts. But this to abandon 
 to judge, the limit.
Article 501st
 
(decision period) 
 incidental civil lawsuit, but litigation and criminal.
Article 502nd
 
(the referee (a) - rejection or judgment) 
 court held that the plaintiff sues illegal or no reason, should be rejected. 
 that the plaintiff sues has the reason, should be in accordance with the Declaration on request, was accused of losing.
Article 503rd
 
(the referee (two) - dismissed or transferred to civil court of criminal procedure) 
 advertise innocence, exempt from prosecution or not to accept the decision, should be rejected the plaintiff. But 
 the plaintiff claims, should be transferred to the jurisdiction of the courts of civil suit collateral civil court. The decision not to 
, criminal judgment is appeal, not. The first paragraph 
 transferred the case, should pay the litigation. The court rejected the prosecution 
 private prosecution cases, should be in the ruling dismissed the plaintiff claims, and quasi before three. 
.
Article 504th
 
(the referee (three) - to civil court) 
 court that incidental civil action is complex, the long time does not end its non judgment, to 
 Yee ruling to the court civil court; the lack of a quorum is not full, by the president of the ruling 
. 
 transferred the case referred to in the preceding paragraph, shall be exempted from the referee. 
 for the first ruling, not.
Article 505th
 
(the referee (four) - to civil court) 
 apply summary procedure cases of incidental civil action, must use the 501st or five hundred and four 
. 
 transferred the case referred to in the preceding paragraph, shall be exempted from the referee. 
 for the first ruling, not.
Article 506th
 
(appeal third trial) 
 criminal judgment may appeal to the second of third trial court, the incidental civil action 
 second trial, to appeal to the third instance. But to the civil procedure law article 466th 
 limit. 
 the appeal, by the civil court.
Article 507th
 
(incidental civil actions by the omission of Appeals for the three trial) 
 criminal proceedings. The second trial, the trial court of appeal in third, the incidental civil action. The reason 
 will appeal, the criminal appeal shaped for reference, not the appeal 
.
Article 508th
 
(third trial appeal the decision (a) - no reason to reject the 
) third trial court of criminal appeals that no reason rejected of, respectively, the incidental civil action 
 appeal, as the following sentence: 
 a lawsuit, civil original judgment no appeal for breach the law, which should be rejected. 
 two, original incidental civil litigation judgment can appeal for violation of law, the decision on the case 
 revocation, self. But it is necessary to hearing the truth, should be the case back to the trial court in civil 
 courtyard, or the delivery and the trial court at the same level of his court civil court.
Article 509th
 
(third trial appeal the decision (two) - for decision 
) third trial court of criminal appeals have reason to think, will the original verdict on the case for 
 since the cancellation judgment, shall be respectively, the incidental civil action for the following appeal judgment: a 
, criminal judgment changes, its influence to the incidental civil action, or incidental civil action has 
 the trial court for appeal for violation of law, shall revoke the original judgment, the case 
 self. But it is necessary to hearing the truth, should be the case remanded by the court of the people 
 tribunal, or send to the court at the same level of his court civil court. Two, the 
 criminal litigation judgment changes in incidental civil action, no effect, and the incidental civil action of the original 
 judgment no appeal for violation of law, should appeal.
Article 510th
 
(third trial appeal the decision (three) - remand, delivery trial) 
 third trial court of criminal appeals that reason, revocation of the original judgment, the remand 
 or send the original court or his court, and the incidental civil appeal, for the same.
Article 511st
 
(the referee (five) - to civil court) 
 court if only be incidental civil action to judge, should be ruled the case to the court of the people 
. But the incidental appeal of civil lawsuit is not legitimate, the limit. 
 for the ruling, not.
Article 512nd
 
(incidental civil action retrial) 
 on incidental civil lawsuit retrial petition, should be in accordance with the law of civil procedure to the original decision of the court of the people 
 tribunal filed retrial.