Code of Criminal Procedure Article 107
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.
As soon as the reason for detention ceases to exist, the detention shall be canceled immediately and the accused released.An accused, the defense attorney, and the person qualified to be the assistant of the accused may apply to the court for cancellation of the detention; the public prosecutor may, also make the said application during the stage of investigation.The court in deciding whether to approve the application for cancellation of detention referred to in the preceding section may consider statements made by the accused, the defense attorney, or the person qualified to be the assistant of the accused.During the stage of investigation, upon the public prosecutor's application, the court shall cancel the detention; the public prosecutor may release the accused prior to submitting the application.During the stage of investigation, the court shall consult with the public prosecutor prior to cancellation of the detention except the application for cancellation of detention is made by the public prosecutor.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第107條
羈押於其原因消滅時,應即撤銷羈押,將被告釋放。
被告、辯護人及得為被告輔佐人之人得聲請法院撤銷羈押。
檢察官於偵查中亦得為撤銷羈押之聲請。
法院對於前項之聲請得聽取被告、辯護人或得為被告輔佐人之人陳述意見。
偵查中經檢察官聲請撤銷羈押者,法院應撤銷羈押,檢察官得於聲請時先行釋放被告。
偵查中之撤銷羈押,除依檢察官聲請者外,應徵詢檢察官之意見。
被告、辯護人及得為被告輔佐人之人得聲請法院撤銷羈押。
檢察官於偵查中亦得為撤銷羈押之聲請。
法院對於前項之聲請得聽取被告、辯護人或得為被告輔佐人之人陳述意見。
偵查中經檢察官聲請撤銷羈押者,法院應撤銷羈押,檢察官得於聲請時先行釋放被告。
偵查中之撤銷羈押,除依檢察官聲請者外,應徵詢檢察官之意見。