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Chapter Law Content

PART I GENERAL PROVISIONS
CHAPTER II JURISDICTION OF COURTS
Article 4
The district court has the jurisdiction over the first instance of a criminal case, provided that the high court has the jurisdiction over the first instance of the following cases:
(1) An offense against the internal security of the State;
(2) An offense against the external security of the State;
(3) An offense of interference with relations with other States.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 5
A court of the place where an offense is committed or where an accused is domiciled, resides, or is located shall have jurisdiction over the case.
If an offense is committed on a vessel or an aircraft of the Republic of China outside the territory of the Republic of China, the court of the place where the vessel is registered or from which the aircraft departed or landed after the commission of the offense shall also have jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 6
If related cases are subject to the jurisdiction of several courts of the same level, one of such courts may combine them and take jurisdiction over the cases.
The cases specified in the preceding paragraph which are pending in several courts may, by mutual consent of such courts, be transferred by a ruling to one of such courts to be tried together; if there are disagreements, a ruling by the court immediate superior to all such courts shall determine jurisdiction.
Related cases that are subject to the jurisdiction of several courts of different levels may be combined and jurisdiction taken by the highest of such courts; related cases pending in lower courts may, by a ruling of the higher court, be transferred to it to be tried together, provided that the cases specified in Item 3 of Article 7 are not subject to the provisions of this paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 7
If one of the following circumstances exists, the cases are considered to be related:
(1) One person commits several offenses;
(2) Several persons jointly commit one or several offenses;
(3) Several persons separately commit offenses at the same time and place;
(4) The commission of concealment of offenders, destruction of evidence, perjury, or receipt of stolen property is related to the instant offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 8
If the same case is pending in several courts which have jurisdiction, the court in which the case was first pending shall try it, provided that by a ruling of a court immediately superior to all such courts the case may be tried by a court in which it was pending later in time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 9
The immediately superior court shall, by a ruling, determine the court to take jurisdiction in one of the following circumstances:
(1) Several courts dispute jurisdiction;
(2) A court which has jurisdiction is, determined by a final judgment, lack of jurisdiction, and there is no other court which can exercise jurisdiction over the case;
(3) Uncertain judicial district boundaries make it impossible to determine which court has jurisdiction.
If jurisdiction cannot be determined by applying the provisions of the preceding paragraph or Article 5, the Supreme Court shall, by a ruling, determine the court to take jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 10
In one of the following circumstances, the immediate superior court shall, by a ruling, order the transfer of a case to another court within its judicial district and of the same level as the original court:
(1) The court which has jurisdiction is unable to exercise its judicial power because of law or fact;
(2) Due to special circumstances, it is considered that a trial by a court that has jurisdiction will probably lead to the disturbance of public peace or unfairness.
Where the immediate superior court is unable to exercise its judicial power, the aforesaid ruling shall be made by the immediate higher court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 11
A motion by a party to determine or transfer jurisdiction shall be in writing, set forth the reasons therefore, and be filed with a proper court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 12
Proceedings shall not be void because of a court's lack of jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 13
A court may exercise its functions outside its judicial district if it is necessary to discover facts or in time of emergency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 14
A court shall, in time of emergency, take necessary measures within its judicial district notwithstanding that it has no jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 15
The cases specified in Article 6 may be jointly investigated or prosecuted by one public prosecutor; in case where one of the public prosecutors who was originally allocated the case concerned disagrees with the decision, the disagreement shall be settled by an order made by the chief prosecutor of their mutually immediately superior Public Prosecutors Office, or by the Prosecutor General.
Article 16
The provisions of Article 13 and 14 shall apply mutatis mutandis to a public prosecutor in an investigation.

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