Code of Criminal Procedure Article 509

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.

(Judgment for Appeal to the Third Instance (II) - Adjudication)Where the court of third instance set aside the original judgment and adjudicates the case upon finding the appeal in criminal procedure meritorious, it shall pronounce the judgment in the appeal for supplement civil action as follows, respectively:1. Where changes in the criminal judgment may affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the court shall set aside the original judgment and adjudicate the case; provided that where hearing on facts is necessary, the court may transfer the case to the civil division of the original trial court or deliver it to or the civil division of other court of the same level as the original trial court.2. Where changes in the criminal judgment do not affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the appeal shall be overruled.
中文原文 刑事訴訟法第509條
第三審法院認為刑事訴訟之上訴有理由,將原審判決撤銷而就該案件自為判決者,應分別情形,就附帶民事訴訟之上訴為左列之判決:
一、刑事訴訟判決之變更,其影響及於附帶民事訴訟,或附帶民事訴訟之原審判決有可為上訴理由之違背法令者,應將原審判決撤銷,就該案件自為判決。
但有審理事實之必要時,應將該案件發回原審法院之民事庭,或發交與原審法院同級之他法院民事庭。
二、刑事訴訟判決之變更,於附帶民事訴訟無影響,且附帶民事訴訟之原審判決無可為上訴理由之違背法令者,應將上訴駁回。

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