The appeal period for a criminal judgment is 20 days after service of the judgment (Code of Criminal Procedure, Art. 349). File the written appeal with the court that issued the judgment (Art. 350). A second-instance appeal from a district court's first-instance judgment must state specific reasons; if omitted, file a statement of reasons within 20 days after the appeal period expires, subject to the court's correction procedure (Art. 361). Where the defendant appeals, or someone appeals for the defendant's benefit, a heavier sentence is generally barred in the second instance, with a statutory exception (Art. 370). A person who misses the appeal period without fault may seek restoration within 10 days after the cause ends (Art. 67). Outcomes depend on the case.
How long is the appeal period, and when does it begin?
The period is 20 days, starting after service of the judgment. An appeal lodged after the judgment is pronounced but before it is served is also effective (Art. 349). Record the date you receive the judgment; the pronouncement date is not the usual starting point.
Where a person's residence or office is outside the court's location, the travel period prescribed by the highest judicial administrative authority is deducted when calculating a statutory period (Art. 66). Check the judgment and court guidance for the calculation in your case.
上訴期間為二十日，自送達判決後起算。但判決宣示後送達前之上訴，亦有效力。（刑事訴訟法第349條）
Unofficial English summary (not an official translation): Article 349 sets a 20-day appeal period beginning after service and recognizes an appeal filed between pronouncement and service.
Who may appeal? Can a victim or complainant appeal?
A party dissatisfied with a lower court's judgment may appeal to a higher court (Art. 344(1)). The defendant's legal representative or spouse may independently appeal for the defendant's benefit (Art. 345), and a prosecutor may also appeal for that benefit (Art. 344(4)).
A complainant or victim is not a party to the criminal prosecution. If dissatisfied with the judgment, they may give reasons and ask the prosecutor to appeal (Art. 344(3)); the prosecutor decides whether to file.
Where do I file the written appeal? What if I am detained?
Submit the written appeal to the court that issued the judgment and provide copies according to the number of opposing parties (Art. 350).
A defendant in prison or pretrial detention who submits the written appeal to the facility head within the appeal period is treated as having appealed in time. If the defendant cannot prepare it, a facility official must prepare it for them (Art. 351(1)–(2)).
Must a second-instance appeal state reasons?
Yes. For an appeal from a district court's first-instance judgment, the written appeal must give specific reasons. If no reasons are stated, a statement must be filed with the original court within 20 days after the appeal period expires. If it is not filed, the original court must first order correction within a specified period (Art. 361(2)–(3)).
The second-instance court shall dismiss an appeal whose written submission has no reasons, but if the omission can be corrected and the original court did not order correction, the presiding judge must first set a correction period (Art. 367).
上訴書狀應敘述具體理由。上訴書狀未敘述上訴理由者，應於上訴期間屆滿後二十日內補提理由書於原審法院。逾期未補提者，原審法院應定期間先命補正。（刑事訴訟法第361條第2項、第3項）
Unofficial English summary (not an official translation): Article 361 requires specific reasons for a second-instance appeal from a district court's first-instance judgment and sets out the later filing and correction procedure.
Can the sentence become heavier if the defendant appeals?
Where the defendant appeals, or an appeal is made for the defendant's benefit, the second-instance court may not impose a heavier sentence than the original judgment. The exception is when the original judgment is set aside for applying the wrong legal provision (Art. 370(1)). The rule covers both the pronounced sentence and the combined sentence for multiple offenses (Art. 370(2)).
Whether another party has appealed or the exception applies must be assessed from the case record.
由被告上訴或為被告之利益而上訴者，第二審法院不得諭知較重於原審判決之刑。但因原審判決適用法條不當而撤銷之者，不在此限。（刑事訴訟法第370條第1項）
Unofficial English summary (not an official translation): Article 370(1) bars a heavier second-instance sentence on an appeal by or for the defendant, except where the original judgment is reversed for incorrect application of law.
How do I appeal a summary criminal judgment?
An appeal from a summary judgment goes to the competent second-instance collegial panel of the district court (Art. 455-1(1)). A sentencing judgment made on a request under Article 451-1 is not appealable (Art. 455-1(2)). The appeal follows the specified rules for first- and second-instance appeals except Article 361 (Art. 455-1(3)).
Can I appeal again after the second-instance judgment?
A third-instance appeal must be based on a judgment contrary to law (Art. 377). Certain cases listed in Article 376(1), such as offenses with a maximum penalty of no more than three years' imprisonment, short-term detention, or a fine alone, generally cannot be appealed after a second-instance judgment, subject to the statutory exceptions.
The written third-instance appeal must state reasons. If omitted, a statement of reasons may be filed with the original court within 20 days after the appeal is brought; the court need not order supplementation if none is filed (Art. 382(1)).
What if I miss the period or want to withdraw the appeal?
If the period was missed without fault, a request to restore the previous status may be made within 10 days after the cause ends; where an agent is permitted, the agent's fault is treated as the person's fault (Art. 67). File a written request with the original court, explain the cause of delay and when it ended, and lodge the appeal at the same time (Art. 68).
An appeal may be withdrawn before judgment (Art. 354). Waiving the right to appeal or withdrawing the appeal extinguishes that right (Art. 359). Check the consequences before withdrawing.
非因過失，遲誤上訴、抗告或聲請再審之期間，或聲請撤銷或變更審判長、受命法官、受託法官裁定或檢察官命令之期間者，於其原因消滅後十日內，得聲請回復原狀。（刑事訴訟法第67條第1項）
Unofficial English summary (not an official translation): Article 67(1) allows restoration within 10 days after a no-fault cause of delay ends, subject to its statutory conditions.
When may legal advice help?
The period begins after service. A second-instance appeal needs specific reasons, while a third-instance appeal is limited to legal error. The time between service and expiry is an opportunity to review the judgment and identify appeal issues. This is general information, not advice for an individual case.