Code of Criminal Procedure Article 439
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.
(Principle of the Prohibiting Alteration for Interests (II))Where a motion for retrial filed for interests of the convicted and a judgment of guilty is pronounced, the court may not pronounce a sentence heavier than the one in the original judgment.
中文原文 刑事訴訟法第439條
為受判決人之利益聲請再審之案件，諭知有罪之判決者，不得重於原判決所諭知之刑。