Code of Criminal Procedure Article 109
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.
If a case is appealed and the period during which the accused has been detained exceeds the term of imprisonment imposed by the original judgment, the detention shall be immediately canceled and the accused released; if the public prosecutor appeals against the interests of the accused, the accused may be released on bail or to the custody of another, or with a limitation on his residence.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第109條
案件經上訴者，被告羈押期間如已逾原審判決之刑期者，應即撤銷羈押，將被告釋放。
但檢察官為被告之不利益而上訴者，得命具保、責付或限制住居。
但檢察官為被告之不利益而上訴者，得命具保、責付或限制住居。