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  • Interpretation
  • No.48
  • Date
  • 1955/07/11
  • Issue
    • (1) On a criminal action requiring a private cause of action, shall the prosecutor rule not to prosecute if the complaint filed by the injured party is unlawful or the complaint should not be filed?
    • (2) After a case has been dismissed by non-prosecutorial disposition due to unlawfulness of the complaint, may it be reprosecuted if a lawful complaint is eventually filed by the rightful complainant?
  • Holding
    •        1. For criminal actions that require a private cause of action, the prosecutor shall issue a non-prosecutorial disposition in accordance with Article 234, Paragraph 1, of the Code of Criminal Procedure when the complaint is unlawful or without cause of action. Such disposition issue naturally does not occur without the filing of a complaint. The part of the so-called "should be revised" as contained in Interpretation Yuan-Tze No. 2292 is in reference to the situation when the complaint is unlawful or without cause of action.
      
    •        2. For a case dismissed by non-prosecutorial disposition due to unlawful complaint, it can nevertheless be prosecuted if and when a rightful individual files a complaint in due course, and is not restricted by Article 239 of the Code of Criminal Procedure. 
      
    • *Translated and edited by Professor Andy Y. Sun.
  • Reasoning
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