Code of Criminal Procedure Article 93-3

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.

During the investigation, the restriction period imposed by the prosecutor on the defendant from exit from border/island may not exceed eight months. However, where it is necessary to continue the restriction, a written petition, furnished with information as described in Paragraph 2, Subparagraphs 1 through 4, along with specific reasons, shall be submitted to the court with jurisdiction for a ruling at least 20 days prior to the expiration of the restriction period. At the same time, the defendant and defense attorney shall be notified with the transcript of the written petition.During the investigation, when the prosecutor requests to extend the restriction period on exit from border/island, the first extension shall not exceed four months; the second extension shall not exceed two months, and there can be two extensions at most. During the trial, each restriction imposed on exit from border/island shall not exceed 8 months, and for those who commit a crime with a maximum principal sentence of imprisonment for no more than ten years, the accumulated restriction period shall not exceed five years; for the remaining crimes, the accumulated restriction period shall not exceed ten years.During the period of investigation or trial, the period of restriction on exit from border/island shall not include the period of the defendant's at-large due to escape and going into hiding.The court shall give the defendant and defense attorney an opportunity to present their opinions before the court renders a ruling to extend the restriction on exit from border/island. After the prosecution is initiated or the judgment is rendered, where the case is subject to the court or an appellant court, the period of restriction shall be extended to be one month if the remaining period of the original restriction on exit from border/island is less than one month.The statutory extension period of the court in which the case is pending after the prosecution is initiated pursuant to the preceding paragraph and the remaining period of the restriction on exit from border/island during the investigation shall be counted as the period during the trial.
中文原文 刑事訴訟法第93-3條
偵查中檢察官限制被告出境、出海,不得逾八月。
但有繼續限制之必要者,應附具體理由,至遲於期間屆滿之二十日前,以書面記載前條第二項第一款至第四款所定之事項,聲請該管法院裁定之,並同時以聲請書繕本通知被告及其辯護人。
偵查中檢察官聲請延長限制出境、出海,第一次不得逾四月,第二次不得逾二月,以延長二次為限。
審判中限制出境、出海每次不得逾八月,犯最重本刑為有期徒刑十年以下之罪者,累計不得逾五年;其餘之罪,累計不得逾十年。
偵查或審判中限制出境、出海之期間,因被告逃匿而通緝之期間,不予計入。
法院延長限制出境、出海裁定前,應給予被告及其辯護人陳述意見之機會。
起訴或判決後案件繫屬法院或上訴審時,原限制出境、出海所餘期間未滿一月者,延長為一月。
前項起訴後繫屬法院之法定延長期間及偵查中所餘限制出境、出海之期間,算入審判中之期間。

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