Code of Criminal Procedure Article 428
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.
(Right to File a Motion for Retrial (II) – against Interests of the Convicted)A prosecutor of the competent court or a private prosecutor may file a motion for retrial against interests of the convicted; provided that a private prosecutor may only file such a motion in circumstances under Subparagraph 1 of Article 422.Where a private prosecutor loses the legal capacity or dies, a person has the right to file a private prosecution pursuant to Paragraph 1 of Article 319 may file a motion in the preceding paragraph.