Code of Criminal Procedure Article 455-40

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.

The court shall, by a ruling, overrule the petition made in accordance with the preceding article where the court is of the opinion that the petition does not comply with statutory procedures or not allowed by the law. Where the defect in complying with statutory procedures is amendable, the court shall order an amendment to be made within a prescribed period of time before overruling the petition.The court shall, by a ruling, approve the petition for participating in the proceedings where the court is of the opinion that the petition is appropriate, after consulting the opinions expressed by the prosecutor, the accused, the defense attorney and the assistant, and after taking into account the circumstances of the case, the petitioner’s relationship with the accused, the progress of the case proceedings, and the interests of the petitioner. Where the court is of the opinion that the petition is not appropriate, the court shall overrule the petition by a ruling.Where the court finds the approval of participation in the proceedings should not have been granted after making a ruling to approve the participation, the court shall revoke the original ruling.An interlocutory appeal may not be made against a ruling in accordance with the preceding three paragraphs.
中文原文 刑事訴訟法第455-40條
法院對於前條之聲請,認為不合法律上之程式或法律上不應准許者,應以裁定駁回之。
但其不合法律上之程式可補正者,應定期間先命補正。
法院於徵詢檢察官、被告、辯護人及輔佐人之意見,並斟酌案件情節、聲請人與被告之關係、訴訟進行之程度及聲請人之利益,認為適當者,應為准許訴訟參與之裁定;認為不適當者,應以裁定駁回之。
法院裁定准許訴訟參與後,認有不應准許之情形者,應撤銷原裁定。
前三項裁定,不得抗告。

English translation for reference only; the Chinese text prevails. Not legal advice.