Code of Criminal Procedure Article 256

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.

Within ten days after the receipt of a written ruling not to prosecute or a written ruling of deferred prosecution, a complainant may make a petition in writing for reconsideration of the ruling, setting forth the reasons for dissatisfaction, to the public prosecutor who handled the case. The public prosecutor shall transfer the petition to the chief prosecutor of the immediately superior Public Prosecutors Office, or to the Prosecutor General. In the situation where a ruling under Articles 253 and 253-1 was made with the consent of the complainant, the complainant may not make a petition for reconsideration.Where a reconsideration of a ruling not to prosecute or of a ruling of deferred prosecution may be petitioned for, the true copy of the written ruling served upon the complainant shall state the period within which a petition for reconsideration may be made, and shall state the chief prosecutor of the immediately superior Public Prosecutors Office or the Prosecutor General, to whom the petition is to be submitted.When a public prosecutor makes a ruling not to prosecute a case, due to lack of sufficient suspicion of offenses, where the offense is punishable with the death penalty, life imprisonment, or an imprisonment for not less than three years, or when a public prosecutor makes a ruling of deferred prosecution on a case specified in Article 253-1, if there is no person qualified for making a petition for reconsideration, the public prosecutor shall sua sponte transfer the ruling to the chief public prosecutor of the immediately superior Public Prosecutors Office, or the Prosecutor General, for reconsideration, and notify the informer.
中文原文 刑事訴訟法第256條
告訴人接受不起訴或緩起訴處分書後,得於十日內以書狀敘述不服之理由,經原檢察官向直接上級檢察署檢察長或檢察總長聲請再議。
但第二百五十三條、第二百五十三條之一之處分曾經告訴人同意者,不得聲請再議。
不起訴或緩起訴處分得聲請再議者,其再議期間及聲請再議之直接上級檢察署檢察長或檢察總長,應記載於送達告訴人處分書正本。
死刑、無期徒刑或最輕本刑三年以上有期徒刑之案件,因犯罪嫌疑不足,經檢察官為不起訴之處分,或第二百五十三條之一之案件經檢察官為緩起訴之處分者,如無得聲請再議之人時,原檢察官應依職權逕送直接上級檢察署檢察長或檢察總長再議,並通知告發人。

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