Except for cases that involve crimes, punishable by death, life imprisonment, or three-year minimum imprisonment, or for first-instance cases that are under the jurisdiction of the high court, once the prosecutor begins the public prosecution of a case or petitions for a summary judgment of the case, the prosecutor may, after consulting with the victim, or acting upon the prosecutor's own discretion, or upon the request of the defendant, or of the defendant's agent, or of the defense attorney, and with the court's consent, negotiate on the following items outside of the trial proceedings, before the end of the closing argument in the first instance court or the issuance of a summary judgment. Once all parties involved agree on the details and the defendant pleads guilty, the prosecutor may petition the court to make a judgment in accordance with the bargaining procedure:
1. The defendant agrees to the scope of criminal sanction and confiscation, or agrees to the pronouncement of probation.
2. The defendant shall apologize to the victim.
3. The defendant shall pay a commensurate amount of compensation.
4. The defendant shall pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies.
The prosecutor shall obtain the victim's consent before negotiating with the defendant on items listed in subparagraph 2 or subparagraph 3 of the preceding paragraph.
The duration of such negotiations as mentioned in paragraph 1, shall not exceed thirty days.
The ratio of the sum, expenditure allocation, and supervision management, as described in paragraph 1 subparagraph 4, shall be determined by the Executive Yuan and the Judicial Yuan.

(Cancel the Bargaining)
The court shall question a defendant and inform him/her the offence he/she admitted, its statutory penalty, and all rights he waived within 10 days after receiving a request in the preceding article.
A defendant may withdraw the bargaining agreement at any time before the preceding procedure terminates. Where a defendant violates his/her agreement with the prosecutor, the latter may revoke the request for plea bargain.

(No Bargaining Judgment)
The court may not pronounce a bargaining judgment under the following circumstances:
1. Where the agreement is withdrawn or where requests for bargaining is revoked pursuant Paragraph 2 of the preceding article;
2. Where the bargain was not made out of defendant’s free will;
3. Where the bargaining agreement is obviously inappropriate or unfair;
4. Where defendant’s offence may not subject to a bargaining judgment pursuant to Paragraph 1 of Article 455-2;
5. Where facts established by the court are different from facts agreed in the bargaining process;
6. Where a defendant commits other counts of offense which were arose by the same act in trial with heavier punishments;
7. Where the court deems proper to pronounce punishment remitted, exemption from prosecution, or case dismissed.
The court shall adjudicate the case within the scope of bargaining agreement without oral argument, except for circumstances specified in the preceding paragraph. The sentence pronounced by court under a bargaining judgment is limited to a suspension of sentence, limited imprisonment under 2 years, detention, or a fine.
The court shall put down in records or the written judgment if the parties reach an agreement specified in Subparagraphs 2 to 4 of Paragraph 1 of Article 455-2.
Where the court pronounces a judgment pursuant to the bargaining, Subparagraphs 3 and 4 of Paragraph 1 of Article 455-2 can be the cause for civil compulsory execution.

(Appointing a Public Defender)
If a defendant is willing to undertake an imprisonment longer than 6 months not subject to a suspension of sentence and has no defense attorney, the court shall appoint a public defender or lawyer to be his/her defense attorney, in order to assist the bargaining.
A defense attorney may express opinions of law and facts during the bargaining process; however, such opinions may not contradict the defendant’s expressed opinion.

(Overrule by Ruling)
The court shall overrule by ruling a request for bargaining pursuant to Paragraph 1 of Article 455-2 if the court believes that circumstances under Paragraph 1 of Article 455-4 applies; then the common procedure, summary trial proceeding, or summary judgment shall apply.
One may not file an interlocutory appeal against ruling in the preceding paragraph.

(Statements in the Bargaining Process may not be Evidence against Interests of the Defendant or Co-defendants)
If a court fail to reach a bargaining judgment, statements by a defendant, his agent, or defense attorney during the bargaining process may not be used as evidence against interests of the defendant or co-defendants in this or other cases.

(Production and Service of Written Bargaining Judgment)
The production and service of written bargaining judgment shall apply mutatis mutandis Articles 454 and 455.

(Law Application and Effect of Judgment Record and Service)
For a bargaining judgment, the clerk may record the syllabus of the decision, summarized facts of an offense, and articles of the punishment on the judgment record to substitute a written judgment; provided that where a party requests the court to serve a written judgment within 10 days after the pronouncement of judgment, the court shall still produce the written judgment.
The service of the official record or its abbreviated copy shall apply mutatis mutandis Article 455 and has the same effect as the service of the written judgment.

(Exception to No Appeals)
A sentence made pursuant this Part is not appealable; provided that this rule does not apply to circumstances specified in Subparagraphs 1, 2, 4, 6, 7 of Paragraph 1 of Article 455-4, or where a bargaining judgment violates Paragraph 2 of the said article.
Investigation by the court of second instance is limited to items listed in the reasons for appeal, where an appeal is made pursuant to the proviso of the preceding paragraph.
The court of second instance, upon finding an appeal meritorious, shall set aside the original judgment and remand the case to the court of first instance to retrial the case following the procedure prior to the judgment.

(Bargaining Judgment apply mutatis mutandis rules for Appeal)
An appeal for a bargaining judgment, except otherwise stipulated in this Part, shall apply mutatis mutandis Chapters I and II of Part III.
Paragraph 1 of Article 159 and Article 284-1 do not apply to the bargaining process.