Code of Criminal Procedure Article 259
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 an accused who is detained receives a ruling not to prosecute or a ruling of deferred prosecution, the detention is considered to be cancelled, the public prosecutor shall release the accused and notify the court immediately.If a ruling not to prosecute or a ruling of deferred prosecution is given, seized property shall be returned immediately unless otherwise provided by law or it is within the period of reconsideration, it is in the process of applying for reconsideration or applying for setting case for trial and necessity exists, or it is the property which should be confiscated or which is used in the investigation of another offense or another accused.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第259條
羈押之被告受不起訴或緩起訴之處分者,視為撤銷羈押,檢察官應將被告釋放,並應即時通知法院。
為不起訴或緩起訴之處分者,扣押物應即發還。
但法律另有規定、再議期間內、聲請再議中、聲請法院准許提起自訴中或法院裁定准許提起自訴所定期間內遇有必要情形,或應沒收或為偵查他罪或他被告之用應留存者,不在此限。
為不起訴或緩起訴之處分者,扣押物應即發還。
但法律另有規定、再議期間內、聲請再議中、聲請法院准許提起自訴中或法院裁定准許提起自訴所定期間內遇有必要情形,或應沒收或為偵查他罪或他被告之用應留存者,不在此限。