Code of Criminal Procedure Article 399
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.
(Reverse the Original Judgment (II) – Remand)The court of third instance shall reverse and remand a case to the original trial court because such judgment were improperly decided based on “mistake in jurisdiction”, “exempt from prosecution” or “case dismissed”; provided that such a case can be remand to the court of first instance if necessary.
中文原文 刑事訴訟法第399條
第三審法院因原審判決諭知管轄錯誤、免訴或不受理係不當而撤銷之者，應以判決將該案件發回原審法院。
但有必要時，得逕行發回第一審法院。
但有必要時，得逕行發回第一審法院。