Code of Criminal Procedure Article 10
This English translation was last updated on 2020-01-15, but the Chinese text was amended on 2026-05-13. Later amendments may not be reflected in the translation — please refer to the Chinese text.
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.
中文原文 刑事訴訟法第10條
有左列情形之一者，由直接上級法院，以裁定將案件移轉於其管轄區域內與原法院同級之他法院：
一、有管轄權之法院因法律或事實不能行使審判權者。
二、因特別情形由有管轄權之法院審判，恐影響公安或難期公平者。
直接上級法院不能行使審判權時，前項裁定由再上級法院為之。
一、有管轄權之法院因法律或事實不能行使審判權者。
二、因特別情形由有管轄權之法院審判，恐影響公安或難期公平者。
直接上級法院不能行使審判權時，前項裁定由再上級法院為之。