Code of Criminal Procedure Article 455-2

Except for cases that involve crimes, punishable by death, life imprisonment, or three-year minimum imprisonment, or for first-instance cases that are under the jurisdiction of the high court, once the prosecutor begins the public prosecution of a case or petitions for a summary judgment of the case, the prosecutor may, after consulting with the victim, or acting upon the prosecutor's own discretion, or upon the request of the defendant, or of the defendant's agent, or of the defense attorney, and with the court's consent, negotiate on the following items outside of the trial proceedings, before the end of the closing argument in the first instance court or the issuance of a summary judgment. Once all parties involved agree on the details and the defendant pleads guilty, the prosecutor may petition the court to make a judgment in accordance with the bargaining procedure:1. The defendant agrees to the scope of criminal sanction and confiscation, or agrees to the pronouncement of probation. 2. The defendant shall apologize to the victim.3. The defendant shall pay a commensurate amount of compensation.4. The defendant shall pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies.The prosecutor shall obtain the victim's consent before negotiating with the defendant on items listed in subparagraph 2 or subparagraph 3 of the preceding paragraph.The duration of such negotiations as mentioned in paragraph 1, shall not exceed thirty days.The ratio of the sum, expenditure allocation, and supervision management, as described in paragraph 1 subparagraph 4, shall be determined by the Executive Yuan and the Judicial Yuan.