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

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

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

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

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

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

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

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

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

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

The victim of a crime may file a complaint.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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