Code of Criminal Procedure Article 362
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.
(Original Trial Court’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)The original trial court shall, by a ruling, immediately overrule an appeal if it does not comply with legal formality, or if it shall not be granted as a matter of law, or if the right to appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
中文原文 刑事訴訟法第362條
原審法院認為上訴不合法律上之程式或法律上不應准許或其上訴權已經喪失者，應以裁定駁回之。
但其不合法律上之程式可補正者，應定期間先命補正。
但其不合法律上之程式可補正者，應定期間先命補正。