Code of Criminal Procedure Article 367
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.
(Court of Second Instance’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)The court of second instance shall overrule by a ruling if the written appeal fails to set forth ground of reasons or if an appeal has situations listed in the former part of Article 362; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.
中文原文 刑事訴訟法第367條
第二審法院認為上訴書狀未敘述理由或上訴有第三百六十二條前段之情形者，應以判決駁回之。
但其情形可以補正而未經原審法院命其補正者，審判長應定期間先命補正。
但其情形可以補正而未經原審法院命其補正者，審判長應定期間先命補正。