Code of Criminal Procedure Article 303

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.

Judgment of "Case Not Entertained" shall be pronounced if one of the following circumstances exists:(1) Prosecution has been initiated contrary to the rules of procedure;(2) Prosecution has again been initiated for a case in which public or private prosecution has already been initiated in the same court;(3) In a prosecution which may be initiated only upon complaint or request, a complaint or request to prosecute has not been made or has been withdrawn or the period within which such complaint or request may be made has expired;(4) A prosecution has been initiated contrary to the provisions of Article 260 after a ruling not to prosecute has been given, the prosecution has been withdrawn, or deferred prosecution has not been set aside;(5) The accused is dead; or the entity being accused does not exist anymore;(6) The court has no judicial power over the accused;(7) According to the provisions of Article 8, the court cannot try the case.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第303條
案件有下列情形之一者,應諭知不受理之判決:
一、起訴之程序違背規定。
二、已經提起公訴或自訴之案件,在同一法院重行起訴。
三、告訴或請求乃論之罪,未經告訴、請求或其告訴、請求經撤回或已逾告訴期間。
四、曾為不起訴處分、撤回起訴或緩起訴期滿未經撤銷,而違背第二百六十條第一項之規定再行起訴。
五、被告死亡或為被告之法人已不存續。
六、對於被告無審判權。
七、依第八條之規定不得為審判。

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