Goto Main Content
:::

Chapter Law Content

Title: Social Order Maintenance Act CH
Category: Ministry of the Interior(內政部)
Part 2 Punishment Procedure
Chapter 5 Remedy
Article 55
The punished party could appeal the ruling made by the police authority within five days following the delivery date of the police ruling document if they find it unacceptable.
The appeal shall be filed along with reasons in writing to the summary court through the police authority which has made the ruling.
Article 56
If the police authority which has made the ruling finds sufficient the reasons for the appeal, it should revoke or change the ruling. In case the appeal does not meet the procedural requirements or is considered partially or completely groundless, the said police authority should refer the appeal to the summary court within three days following the receipt of the appeal document and may attach opinions in writing to it.
Article 57
The summary court should dismiss an appeal if it finds the appeal does not meet the procedural requirements or the right to appeal has been lost. However, if the failure to meet the procedural requirements is remediable, a remedy before a deadline shall be ordered.
The summary court should dismiss an appeal with insufficient grounds. It shall revoke or change the original ruling if it finds the reasons for the appeal sufficient.
The ruling on the appeal shall be final.
Article 58
If the person against whom a ruling has been made or the police authority that has referred the case finds unacceptable the ruling made by the summary court on the cases referred in accordance with Article 45 of this Act, an appeal against the ruling may be filed to the ordinary court. The ruling on the appeal shall be final.
Article 59
The appeal against a ruling made by a summary court shall be filed within five days following the delivery of the ruling document.
The appeal shall be filed along with reasons in writing to the summary court.
Article 60
The punished party or the police authority which has referred the case may waive the right to file an appeal.
The waiver prescribed in the preceding paragraph shall be filed in writing to the original ruling authority.
Article 61
The appeal against a ruling made by a police authority or a summary court may be withdrawn before the result of it been determined.
The withdrawal of an appeal to the ruling of a police authority or a summary court should be filed in writing to the original authority which has received the appeal.
Article 62
A person who waives their right to appeal or withdraws their appeal to the ruling made by a police authority or a summary court loses his right to do so.