Code of Criminal Procedure Article 21

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.

A motion to disqualify a judge shall be determined by a ruling rendered by a panel of judges of the court to which the judge so motioned belongs; when a quorum of the panel is not present, such a ruling shall be made by the president of the court; where it is impossible for the president to render such a ruling, it shall be made by the court which is immediately superior to the court to which the judge so motioned belongs.A judge against whom a motion of disqualification is made shall not participate in the ruling specified in the preceding paragraph.If a judge against whom a motion of disqualification is made considers that such a motion is well-grounded, he/she shall thereupon disqualify himself/herself without a ruling being made.
中文原文 刑事訴訟法第21條
法官迴避之聲請,由該法官所屬之法院以合議裁定之,其因不足法定人數不能合議者,由院長裁定之;如並不能由院長裁定者,由直接上級法院裁定之。
前項裁定,被聲請迴避之法官不得參與。
被聲請迴避之法官,以該聲請為有理由者,毋庸裁定,即應迴避。

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