A settlement is an agreement in which parties make mutual concessions to end or prevent a dispute (Civil Code, Article 736). For a complaint-only offense, the complainant may withdraw the complaint before first-instance oral argument ends and cannot complain again afterward (Code of Criminal Procedure, Article 238). Settlement alone does not end an offense that is not complaint-only. Compensation and agreement may be considered among post-offense conduct at sentencing (Criminal Code, Article 57(10)), a suspended-sentence condition (Article 74(2)(3)), or a deferred-prosecution condition (Code of Criminal Procedure, Article 253-2(1)(3)). Whether and on what terms to settle is for the parties to decide; no case outcome is predicted here.
What is a settlement in law?
Under Civil Code Article 736, settlement is a contract in which the parties agree to make mutual concessions to end or prevent a dispute. Whether the contract is formed and on what terms depend on their agreement.
This civil agreement is distinct from withdrawing a criminal complaint and from a prosecutor's or court's later assessment of the case.
稱和解者，謂當事人約定，互相讓步，以終止爭執或防止爭執發生之契約。（民法第736條）
Unofficial English summary (not an official translation): Civil Code Article 736 defines settlement as mutual concessions agreed to end or prevent a dispute.
What happens if a complaint-only case is settled and the complaint withdrawn?
For an offense that requires a victim complaint, the complainant may withdraw it before the conclusion of oral argument in the first instance. A person who withdraws may not file that complaint again (Code of Criminal Procedure, Article 238). Settlement often informs that choice, but a complainant must separately communicate withdrawal orally or in writing to the prosecutor or court.
Once a required complaint is withdrawn, prosecutors must issue a non-prosecution disposition under Article 252(5). If the case is already before a court, the court must render a judgment dismissing the prosecution under Article 303(3).
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): Article 238 permits withdrawal of a complaint-only offense before first-instance oral argument ends and bars the withdrawing person from complaining again.
Does settlement end a case that does not require a victim complaint?
No. Article 238's withdrawal rule applies to complaint-only offenses. For an offense that does not require a complaint, neither agreement between the parties nor the victim's wish not to proceed automatically ends the case. The prosecutor still decides on prosecution based on the investigation, and the court still hears the case according to law.
Settlement may nevertheless be one factor considered for discretionary non-prosecution in the specified Article 376(1) cases under Article 253, deferred prosecution under Article 253-1, sentencing under Criminal Code Article 57(10), or suspension under Article 74. None follows automatically from settlement.
How can settlement relate to sentencing or suspension?
Sentencing is based on the offender's responsibility and all relevant circumstances, including conduct after the offense (Criminal Code, Article 57(10)). Settlement and compensation may be relevant to that factor.
When suspending a sentence, a court may require the defendant to compensate the victim for an appropriate amount of property or non-property loss (Article 74(2)(3)). A lighter sentence or suspension still depends on the case as a whole.
三、向被害人支付相當數額之財產或非財產上之損害賠償。（刑法第74條第2項第3款）
Unofficial English summary (not an official translation): Article 74(2)(3) permits compensation to the victim as one condition of a suspended sentence.
How does settlement relate to deferred prosecution?
As a deferred-prosecution condition, a prosecutor may require the defendant to pay the victim an appropriate amount for property or non-property loss within a set period (Code of Criminal Procedure, Article 253-2(1)(3)). A payment to the public treasury under Article 253-2(1)(4) is a different matter from compensation to the victim.
These payment conditions require the defendant's consent under Article 253-2(2) and may serve as civil compulsory-execution titles. A prosecutor cannot impose them unilaterally without the statutory consent.
Must a victim accept a proposed settlement?
No. Settlement is a contract based on the parties' mutual concessions (Civil Code, Article 736). Law does not require a victim to accept a proposal, agree to an amount or withdraw a complaint merely because the other side offers settlement.
A victim can assess the case and personal loss before deciding. There is no need to agree immediately when an offer is made.
Can a withdrawn complaint be filed again?
No. For a complaint-only offense, Article 238(2) bars the person who withdrew the complaint from filing it again. Before withdrawing, check whether the offense is complaint-only and whether the settlement terms have been fulfilled.
If you are unsure about the classification or consequence, check them before you sign or state a withdrawal.
When might legal advice help?
A settlement proposal, a planned withdrawal and a deferred-prosecution payment can have different legal effects. Review the wording and the offense classification before signing or withdrawing. This is general information, not advice for an individual case.