Ordinary bodily injury under Criminal Code Article 277(1) generally requires a complaint within six months after the person entitled to complain learns the offender's identity. This complaint requirement does not apply when a public official commits the offense while performing official duties, or to injury resulting in death or serious injury under Article 277(2). The complainant may withdraw before the end of oral argument in the first-instance trial, but may not file the same complaint again. A civil settlement does not withdraw a criminal complaint automatically.
What are the penalties for bodily injury?
Injuring another person's body or health under Article 277(1) is punishable by up to five years' imprisonment, short-term detention, or a fine of up to NT$500,000. If the injury causes death, Article 277(2) prescribes life imprisonment or at least seven years; if it causes serious injury, three to ten years.
Intentionally causing serious bodily injury is separately addressed in Article 278, with five to twelve years' imprisonment. If it causes death, the range is life imprisonment or at least ten years. Attempted commission of the first-paragraph offense is also punishable. Whether an injury is legally “serious” depends on the facts and the Criminal Code definition.
Is a victim's complaint required?
Generally yes for ordinary injury under Article 277(1): Article 287 makes it a complaint-only offense. The exception is where a public official commits the Article 277(1) offense while performing official duties. Injury resulting in death or serious injury under Article 277(2) is outside Article 287's complaint-only list.
How is the six-month period calculated?
Under Code of Criminal Procedure Article 237, a person entitled to complain must do so within six months after learning the offender's identity. If several people have the right to complain, one person's missed deadline does not extinguish the others' rights. Each person's circumstances must be checked separately.
告訴乃論之罪，其告訴應自得為告訴之人知悉犯人之時起，於六個月內為之。得為告訴之人有數人，其一人遲誤期間者，其效力不及於他人。（刑事訴訟法第237條）
Unofficial English summary (not an official translation): Code of Criminal Procedure, Art. 237: the complaint period is six months from the time the person entitled to complain learns who the offender is; one person's failure to meet the period does not affect another.
Can a complaint be withdrawn after filing?
Yes, for a complaint-only offense, the complainant may withdraw it before the close of oral argument in the first-instance trial (Art. 238(1)). After withdrawal, the same person cannot complain again in the same case (Art. 238(2)). Check the payment and other settlement conditions before taking this irreversible step.
告訴乃論之罪，告訴人於第一審辯論終結前，得撤回其告訴。撤回告訴之人，不得再行告訴。（刑事訴訟法第238條）
Unofficial English summary (not an official translation): Code of Criminal Procedure Article 238 permits withdrawal of a complaint-only offense before the end of first-instance arguments but bars filing the complaint again after withdrawal.
Does signing a settlement withdraw the complaint?
No. A settlement records civil arrangements such as compensation and payment terms. The complainant must separately communicate the withdrawal to the prosecutor or court, for example in writing or orally at a hearing. A promise in the settlement to withdraw at a specified time is not itself an effective withdrawal.
What should a settlement agreement cover?
Check the terms against the actual case before signing:
- The compensation amount, payment dates and method, and what happens if an installment is late.
- Whether and when the complainant will separately withdraw the criminal complaint, and how.
- Whether civil claims are resolved or preserved, so later claims are clear.
- Who signs, and whether a minor or person under guardianship or assistance needs a legal representative or assistant.
- Whether confidentiality terms are reasonable and preserve the parties' ability to explain or defend themselves.
- What remedy applies if payment or the agreed withdrawal does not occur.
When should I seek advice?
Consider consulting before police or prosecutors question you, before deciding to file or withdraw a complaint, or before agreeing on settlement terms. This page is general information, not individual legal advice.