Negligently injuring someone is punishable by up to one year's imprisonment, short-term detention or a fine of up to NT$100,000; causing serious injury carries up to three years, short-term detention or a fine of up to NT$300,000 (Criminal Code, Art. 284). This is a complaint-only offense, generally within six months after the eligible person learns the offender's identity. A complaint can be withdrawn before the end of oral argument in the first-instance trial and cannot then be refiled. At sentencing, the court must consider conduct after the offense, including settlement and compensation, but these do not guarantee any particular result.
Why is a complaint required, and when is it due?
Criminal Code Article 287 makes negligent injury under Article 284 a complaint-only offense. Under Code of Criminal Procedure Article 237, a person entitled to complain must generally file within six months after learning who the offender is. If several people are entitled to complain, one person's missed deadline does not affect the others.
第二百七十七條第一項、第二百八十一條及第二百八十四條之罪，須告訴乃論。但公務員於執行職務時，犯第二百七十七條第一項之罪者，不在此限。（刑法第287條）
Unofficial English summary (not an official translation): Criminal Code Article 287 makes ordinary bodily injury and negligent injury complaint-only offenses, except official-duty injury by a public official under Article 277(1).
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 Article 237 requires a complaint within six months after an eligible person learns the offender's identity, with each eligible person's period independent.
What penalties apply if the injury is serious?
Article 284 prescribes up to one year's imprisonment, short-term detention or a fine of up to NT$100,000 for negligent injury. If the act causes serious injury, it prescribes up to three years' imprisonment, short-term detention or a fine of up to NT$300,000. The legal meaning of serious injury and the causal link depend on the evidence.
因過失傷害人者，處一年以下有期徒刑、拘役或十萬元以下罰金；致重傷者，處三年以下有期徒刑、拘役或三十萬元以下罰金。（刑法第284條）
Unofficial English summary (not an official translation): Criminal Code Article 284 punishes negligent injury with up to one year, short-term detention or a fine up to NT$100,000, and negligent serious injury with up to three years, short-term detention or a fine up to NT$300,000.
How is criminal negligence assessed?
Article 14 covers failing to pay attention when the circumstances required and allowed it, or foreseeing a possible result while believing it would not happen. In a collision, road conditions, traffic signals, dashcam footage and other evidence may show whether a duty of care was breached. A traffic-accident assessment can be evidence, but ask the authority handling the matter or counsel about how to request and review one.
行為人雖非故意，但按其情節應注意，並能注意，而不注意者，為過失。行為人對於構成犯罪之事實，雖預見其能發生而確信其不發生者，以過失論。（刑法第14條）
Unofficial English summary (not an official translation): Criminal Code Article 14 defines negligence as failing to observe an applicable duty of care despite being able to do so, or foreseeing a result but mistakenly trusting it would not occur.
What happens after a police notice or prosecutor's summons?
A police attendance notice is part of the investigation, not a finding of guilt. If the case goes to a district prosecutors' office, see the guide to preparing for a prosecutor's summons.
Does mediation or settlement end the case?
Not automatically. For this complaint-only offense, the complainant may withdraw before the end of oral argument in the first-instance trial and cannot complain again after withdrawal (Code of Criminal Procedure, Art. 238). Without withdrawal, the court must consider conduct after the offense under Criminal Code Article 57(10), including settlement, compensation and an apology, but these do not ensure a particular sentence or deferred prosecution.
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 and bars filing it again after withdrawal.
Can the injured person also seek civil damages?
Possibly. Criminal liability and civil compensation are distinct. The injured person may claim damages under Taiwan's Civil Code or, after criminal indictment, pursue a civil action attached to the criminal proceedings. The available route, limitations period and preservation of assets require case-specific assessment. The guide to attached civil actions uses fraud as an example of the same procedural mechanism.
When should I seek legal advice?
Consider advice before responding to police or prosecutors, challenging a fault assessment, or agreeing to settlement terms. This page is general information, not advice for an individual case.