Code of Criminal Procedure Article 258

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 the chief public prosecutor of the higher court or the public prosecutor general considered that an application for reconsideration is groundless, he shall dismiss it; if he considers that the application is well-grounded, he shall set aside the original ruling under the circumstances specified in Article 256-1, or perform one of the following under the circumstance specified in Article 256:If the investigation is incomplete, he may personally investigate or order another public prosecutor to investigate, or order the public prosecutor of the original court to continue it;If the investigation has been completed, he shall order the public prosecutor of the original court to initiate a prosecution.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第258條
上級檢察署檢察長或檢察總長認再議為無理由者,應駁回之;認為有理由者,第二百五十六條之一之情形應撤銷原處分,第二百五十六條之情形應分別為下列處分:
一、偵查未完備者,得親自或命令他檢察官再行偵查,或命令原檢察署檢察官續行偵查。
二、偵查已完備者,命令原檢察署檢察官起訴。

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