Code of Criminal Procedure Article 101-2

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.

After examining the accused, despite the existence of the circumstances specified in section I of Article 101 and section I of Article 101-1, the judge may nevertheless order that the accused be released on bail, or to the custody of another, or with a limitation on his residence if the detention is deemed unnecessary. If the circumstances specified in Article 114 exist, detention shall not be permitted unless that the accused is released on bail, or to the custody of another, or with a limitation on his residence is not workable.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第101-2條
被告經法官訊問後,雖有第一百零一條第一項或第一百零一條之一第一項各款所定情形之一而無羈押之必要者,得逕命具保、責付或限制住居;其有第一百十四條各款所定情形之一者,非有不能具保、責付或限制住居之情形,不得羈押。

English translation for reference only; the Chinese text prevails. Not legal advice.