Code of Criminal Procedure Article 338
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 a victim who has initiated a private prosecution commits an offense and the victim in such offense is the accused in the private prosecution, such accused may institute a counter-action before the conclusion of the argument in the trial of the first instance.Note: Articles 1 through 343 were amended lastly on February 6, 2003.
中文原文 刑事訴訟法第338條
提起自訴之被害人犯罪，與自訴事實直接相關，而被告為其被害人者，被告得於第一審辯論終結前，提起反訴。