Code of Criminal Procedure Article 93-5

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 defendant and defense attorney may petition the prosecutor or the court to revoke or alter the restriction on exit from border/island. The prosecutor may also petition for the revocation during the investigation, and may, at the time of filing the petition, notify the competent authority of entry/exit in advance to remove restrictions on exit from border/island.During the investigation, the revocation of the restriction on exit from border/island, except for the petition filed by the prosecutor, the opinion of the prosecutor shall be taken into account. During the investigation, the restriction on exit from border/island imposed by the prosecutor may be revoked or altered by the prosecutor ex officio. However, when the case is subject to the court after the prosecution is initiated, the revocation or alteration of the remaining period of the restriction on exit from border/island during the investigation may be effectuated ex officio by the court or by petition.The restriction on exit from border/island imposed by the court during the investigation and trial, the court may revoke or alter it ex officio.
中文原文 刑事訴訟法第93-5條
被告及其辯護人得向檢察官或法院聲請撤銷或變更限制出境、出海。
檢察官於偵查中亦得為撤銷之聲請,並得於聲請時先行通知入出境、出海之主管機關,解除限制出境、出海。
偵查中之撤銷限制出境、出海,除依檢察官聲請者外,應徵詢檢察官之意見。
偵查中檢察官所為限制出境、出海,得由檢察官依職權撤銷或變更之。
但起訴後案件繫屬法院時,偵查中所餘限制出境、出海之期間,得由法院依職權或聲請為之。
偵查及審判中法院所為之限制出境、出海,得由法院依職權撤銷或變更之。

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