Code of Criminal Procedure Article 344

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 party who disagrees with the judgment of a lower court may appeal to the appellate court.Where a private prosecutor loses his legal capacity or is deceased prior to the conclusion of the argument, an appeal may be filed by a person who may file a private prosecution in accordance with Paragraph 1 of Article 319.Where a complainant or a victim disagrees with the judgment of a lower court, he/she may state the reasons and request the public prosecutor to file an appeal.A prosecutor may file an appeal for the interests of the defendant.In a case where the death penalty is imposed, the original trial court shall sua sponte transfer the case to the appellate court, no matter whether an appeal is filed or not. The parties shall be informed of the transfer of the case.Under the circumstance specified in the preceding paragraph, it is deemed that a defendant has filed an appeal.
中文原文 刑事訴訟法第344條
當事人對於下級法院之判決有不服者,得上訴於上級法院。
自訴人於辯論終結後喪失行為能力或死亡者,得由第三百十九條第一項所列得為提起自訴之人上訴。
告訴人或被害人對於下級法院之判決有不服者,亦得具備理由,請求檢察官上訴。
檢察官為被告之利益,亦得上訴。
宣告死刑之案件,原審法院應不待上訴依職權逕送該管上級法院審判,並通知當事人。
前項情形,視為被告已提起上訴。

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