Code of Criminal Procedure Article 68
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.
A person who motions for restoration to the original condition on ground of failure within the prescribed time to file an appeal, an interlocutory appeal, or a petition for retrial shall submit the petition in writing to the original court. A person who fails within the prescribed time to file a petition for revoking or changing a ruling made by a presiding judge, commissioned judge, or requisitioned judge, or of an order made by a public prosecutor shall make such a petition to a court having jurisdiction.The reason for failure without negligence to comply with the time limit and the date the reason ceases to exist shall be stated in the written motion.Where a motion for restoration to the original condition is made, all necessary procedural acts which should have been performed during the lapse shall be made up at the time of the petition.
中文原文 刑事訴訟法第68條
因遲誤上訴或抗告或聲請再審期間而聲請回復原狀者，應以書狀向原審法院為之。
其遲誤聲請撤銷或變更審判長、受命法官、受託法官裁定或檢察官命令之期間者，向管轄該聲請之法院為之。
非因過失遲誤期間之原因及其消滅時期，應於書狀內釋明之。
聲請回復原狀，應同時補行期間內應為之訴訟行為。
其遲誤聲請撤銷或變更審判長、受命法官、受託法官裁定或檢察官命令之期間者，向管轄該聲請之法院為之。
非因過失遲誤期間之原因及其消滅時期，應於書狀內釋明之。
聲請回復原狀，應同時補行期間內應為之訴訟行為。