Code of Criminal Procedure Article 401
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 (IV) – Remand or Trial Delivery)Where the court of third instance reverses the original judgment for reasons other than situations listed in the preceding three articles, it shall remand the case to the original court or other court of the same level by ruling.
中文原文 刑事訴訟法第401條
第三審法院因前三條以外之情形而撤銷原審判決者，應以判決將該案件發回原審法院，或發交與原審法院同級之他法院。