Code of Criminal Procedure Article 438
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.
(End of Retrial)A motion for retrial against interests of the convicted and such motion and ruling will lose the effect be invalid if the convicted dies before the judgment of retrial.
中文原文 刑事訴訟法第438條
為受判決人之不利益聲請再審之案件，受判決人於再審判決前死亡者，其再審之聲請及關於再審之裁定，失其效力。