Code of Criminal Procedure Article 326
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.
The court or commissioned judge may examine the private prosecutor and the accused before the first trial date and may collect or investigate the evidence; if the court or commissioned judge determines that this is a case for civil action or that the private prosecution procedure is being used to threaten the accused, the private prosecutor may be advised to withdraw the private prosecution.The examination specified in the preceding section shall be held in camera; unless necessary, the accused shall not be called for examination.If, as a result of the examination and investigation specified in section I, it is determined that the case contains the circumstances of one of the Articles 252 through 254, the private prosecution may be dismissed by a ruling and the provisions of Items I through IV of section I, sections II and III of Article 253-2 shall be applied mutatis mutandis.After a ruling to dismiss a private prosecution has been final, another private prosecution may not be initiated for the same case unless one of the Items of Article 260 exists.Note: Articles 1 through 343 were amended lastly on February 6, 2003.