Code of Criminal Procedure Article 400
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 (III) –Trial Delivery)The court of third instance shall remand the case to the competent court of second instance or court of first instance if the court of third instance reverse a judgment of original court because such judgment were improperly did not pronounce “exempt from prosecution”; provided that for cases listed in Article 4, once the original trial court with jurisdiction makes a judgment of second instance, it shall not be considered a mistake in jurisdiction.
中文原文 刑事訴訟法第400條
第三審法院因原審法院未諭知管轄錯誤係不當而撤銷之者，應以判決將該案件發交該管第二審或第一審法院。
但第四條所列之案件，經有管轄權之原審法院為第二審判決者，不以管轄錯誤論。
但第四條所列之案件，經有管轄權之原審法院為第二審判決者，不以管轄錯誤論。