Code of Criminal Procedure Article 142
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.
Where the retention of seized property is no longer necessary, the seized property shall be returned to the owner, by a ruling of the court or an order of the public prosecutor, before the conclusion of the case. Where the seized property constitutes stolen property and is not claimed by any third party, it shall be returned to the victim of the crime.Seized property, upon a request made by the owner, possessor, or custodian, may on a provisional basis be returned to the person who made the said request, who shall be ordered to bear the obligation to preserve the property concerned.The owner, possessor, or custodian of the seized property, with justifiable cause, may request copies of the seized property during the trial stage accompanied by posting the deposit for the necessary fees in advance.
中文原文 刑事訴訟法第142條
扣押物若無留存之必要者，不待案件終結，應以法院之裁定或檢察官命令發還之；其係贓物而無第三人主張權利者，應發還被害人。
扣押物因所有人、持有人或保管人之請求，得命其負保管之責，暫行發還。
扣押物之所有人、持有人或保管人，有正當理由者，於審判中得預納費用請求付與扣押物之影本。
扣押物因所有人、持有人或保管人之請求，得命其負保管之責，暫行發還。
扣押物之所有人、持有人或保管人，有正當理由者，於審判中得預納費用請求付與扣押物之影本。