Code of Criminal Procedure Article 323

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.

A private prosecution may no longer be initiated if a public prosecutor has already begun to investigate the same case in accordance with the provision of Article 228, provided that in a case chargeable only upon complaint, and if the immediate victim of the offense initiates the private prosecution, this rule shall not apply.If a public prosecutor knows after the beginning of his investigation that a private prosecution has been initiated already or that the circumstance specified in the proviso of the preceding section exists, he shall immediately stop such investigation and refer the case to the court, provided that if urgent circumstances exist, the public prosecutor shall still take necessary measures.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第323條
同一案件經檢察官依第二百二十八條規定開始偵查者,不得再行自訴。
但告訴乃論之罪經犯罪之直接被害人提起自訴,或依第二百五十八條之三第二項後段裁定而提起自訴者,不在此限。
於開始偵查後,檢察官知有自訴在先或前項但書之情形者,應即停止偵查,將案件移送法院。
但遇有急迫情形,檢察官仍應為必要之處分。

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