Code of Criminal Procedure Article 316

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 is under detention, such detention is considered to be cancelled on the pronouncement of a judgment of "Not Guilty," "Exempt from Prosecution," "Punishment Remitted," "Suspension of Sentence," "Fine," "Sentence Commuted to Warning," or "Case Not Entertained" as specified in Items 3 or 4 of Article 303, provided that during the period allowed for appeal or while an appeal is pending the accused may be released on bail, to the custody of another, or with a limitation on his residence; if he is unable to provide bail or if it is impossible for him to be released to the custody of another or with a limitation on his residence, an order may be issued requiring him to remain under detention if necessary.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第316條
羈押之被告,經諭知無罪、免訴、免刑、緩刑、罰金或易以訓誡或第三百零三條第三款、第四款不受理之判決者,視為撤銷羈押。
但上訴期間內或上訴中,得命具保、責付或限制住居,並準用第一百十六條之二之規定;如不能具保、責付或限制住居,而有必要情形者,並得繼續羈押之。

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