Ten days can pass while you arrange a translation. A complainant who receives a Taiwan non-prosecution disposition should preserve the document and evidence of when it was received. Article 256 of the Code of Criminal Procedure gives the complainant ten days after receipt to request reconsideration in writing, stating the reasons for disagreement.
The filing goes through the original prosecutor
For a disposition open to reconsideration, the copy served on the complainant must identify the period and the chief prosecutor of the directly superior prosecutors office or the Prosecutor General to whom the request is addressed. File through the original prosecutor. Sending an objection straight to a court is not this procedure.
Can everyone who reported the event apply? Article 256 gives this right to the complainant, called 告訴人. A person who merely reported a suspected crime does not acquire the same right on that basis alone. Check your recorded status.
This provision also covers deferred prosecution, or 緩起訴. It excludes reconsideration where the complainant previously consented to a disposition under Article 253 or 253-1. Any consent you signed therefore belongs with the documents being reviewed.
Give reasons that address the disposition
Identify a finding you dispute and the evidence bearing on it. A bank record, for instance, may establish a transfer date; explain why that date affects the prosecutor’s stated reasoning. Separate material already in the file from material you are submitting for the first time. An expression of disappointment alone does not tell the reviewing prosecutor what needs further investigation.
Success on reconsideration does not establish guilt. Under Article 258, a meritorious request leads to further investigation where the investigation is incomplete; if the investigation is complete, the superior authority must order a prosecutor of the original office to prosecute. A request found to lack merit is rejected.
After rejection, a different application and another deadline
An eligible complainant who receives a rejection has a separate ten-day period under Article 258-1 to retain a lawyer and submit reasons to the competent first-instance court seeking permission to bring a private prosecution. A lawyer is required. The Chinese name, 准許提起自訴, identifies this application on current forms and official guidance.
Restrictions apply where a private prosecution is already barred by law, subject to the exceptions in the second paragraph of Article 258-1. Counsel needs to check those conditions as well as the deadline. If the court grants permission, Article 258-3 requires it to set an appropriate period for bringing the private prosecution. Permission itself does not convict the accused.
With personal service, exclude the day of receipt and count from the next day. If service was validly made on another recipient or by deposit service (寄存送達), its legal effect may arise before you later read the document. Translation does not restart the clock.
The Taipei District Prosecutors Office explains that the reconsideration filing must reach the original office within the period. Posting it on the last day is insufficient. Check any holiday affecting the last day and any statutory travel period under the calculation rules in Article 65 and Article 66. For a complainant who has returned to the United States, the full disposition, envelope and service or receipt records are the documents to keep together.
Official sources
- Taiwan Code of Criminal Procedure 256
- Taiwan Code of Criminal Procedure 258
- Taiwan Code of Criminal Procedure 258-1
- Taiwan Code of Criminal Procedure 258-3
- Taiwan Code of Criminal Procedure 65
- Taiwan Code of Criminal Procedure 66
- Taiwan Code of Criminal Procedure 62
- Taiwan Civil Code Article 120: first day
- Taiwan Civil Code Article 122: last-day holidays
- Taiwan Code of Civil Procedure Article 137: substituted service
- Taiwan Code of Civil Procedure Article 138: deposit service
Checked: October 7, 2026.
Frequently Asked Questions
- Where do I file for reconsideration of a Taiwan non-prosecution disposition?
- Under Article 256, the complainant submits written reasons within ten days after receipt through the original prosecutor to the chief prosecutor of the directly superior prosecutors office or the Prosecutor General. Check the period and authority stated in the disposition. Check when service legally took effect; later reading or translation does not restart the period.
- Does rejection of reconsideration lead directly to a criminal trial?
- No. Article 258-1 permits an eligible complainant to retain a lawyer and apply to the competent first-instance court for permission to bring a private prosecution within ten days after receipt of the rejection. Permission is not a finding of guilt.
This article provides general information and is not legal advice on any individual matter.
