Under Code of Criminal Procedure Article 253-1, a prosecutor may defer prosecution for one to three years for an offense other than one punishable by death, life imprisonment or a minimum of three years' imprisonment, after considering Criminal Code Article 57 and the public interest. Mandatory non-prosecution under Article 252 and discretionary non-prosecution under Article 253 do not carry that deferral period. Conditions may include an apology, victim compensation or community service (Article 253-2); a qualifying intentional offense or breach of a condition can lead to revocation (Article 253-3). A complainant generally has ten days after receiving a disposition to seek reconsideration, subject to Article 256's exception.
Is deferred prosecution the same as non-prosecution?
No. Deferred prosecution postpones the prosecution decision for a defined period and may impose obligations. A non-prosecution disposition ends the investigation subject to service and review procedures; it has no similar observation period or attached obligations.
Article 252 requires non-prosecution when one of its listed grounds exists. Article 253 allows discretion for specified lesser offenses. Article 253-1 provides a distinct one-to-three-year deferred-prosecution disposition when its conditions are met.
When must a prosecutor issue a non-prosecution disposition?
Article 252 lists ten grounds, including a final judgment, expiry of the limitation period, amnesty, abolition of the penalty after the act, withdrawal or lapse of a required complaint, death of the defendant, lack of the court's jurisdiction over the defendant, conduct that is not punishable, a legally required exemption from penalty, and insufficient suspicion. If a listed ground applies, the prosecutor must not prosecute.
This mandatory rule differs from a discretionary decision to defer after weighing the Article 57 circumstances and the public interest.
What is discretionary non-prosecution?
For cases listed in Code of Criminal Procedure Article 376(1)—including offenses with a maximum of no more than three years' imprisonment, short-term detention or fine alone and specified injury, theft, embezzlement, fraud, breach-of-trust and threat offenses—Article 253 allows the prosecutor to decide not to prosecute after considering Criminal Code Article 57.
Unlike deferred prosecution, this disposition has no one-to-three-year observation period or conditions to perform. The particular offense and procedural circumstances must be checked.
Who can receive deferred prosecution, and for how long?
It is available for an offense outside the categories punishable by death, life imprisonment or a minimum of three years' imprisonment. The prosecutor must consider the Criminal Code Article 57 factors and protection of the public interest and find deferral appropriate. The period is one to three years from the date the disposition becomes final (Article 253-1(1)).
The limitation period for prosecution stops running during deferral (Article 253-1(2)). Eligibility does not guarantee a deferred-prosecution disposition.
被告所犯為死刑、無期徒刑或最輕本刑三年以上有期徒刑以外之罪，檢察官參酌刑法第五十七條所列事項及公共利益之維護，認以緩起訴為適當者，得定一年以上三年以下之緩起訴期間為緩起訴處分，其期間自緩起訴處分確定之日起算。（刑事訴訟法第253條之1第1項）
Unofficial English summary (not an official translation): Article 253-1 permits a one-to-three-year deferred-prosecution period for qualifying offenses when the prosecutor finds it appropriate after considering sentencing factors and the public interest.
What conditions may be imposed, and what is a payment to the treasury?
Article 253-2(1) permits the prosecutor to order an apology, a written statement of remorse, appropriate compensation to a victim, a payment to the public treasury, community service, addiction or mental-health treatment, victim-safety measures or measures to prevent reoffending. More than one condition may be ordered. A treasury payment under item 4 is distinct from compensation to a victim under item 3.
The defendant's consent is required for items 3 through 6, including compensation, a treasury payment, community service and treatment. The compensation and treasury-payment orders may serve as civil compulsory-execution titles (Article 253-2(2)).
檢察官命被告遵守或履行前項第三款至第六款之事項，應得被告之同意；第三款、第四款並得為民事強制執行名義。（刑事訴訟法第253條之2第2項）
Unofficial English summary (not an official translation): Article 253-2(2) requires the defendant's consent to conditions in items 3–6.
When can deferred prosecution be revoked?
During deferral, the prosecutor may revoke it and resume investigation or prosecute if the defendant intentionally commits another offense punishable by imprisonment or more and is indicted; receives a sentence of imprisonment or more during deferral for another intentional offense committed beforehand; or breaches a condition under Article 253-2(1). The prosecutor may act on their own authority or on a complainant's request (Article 253-3(1)).
If deferral is revoked, the defendant cannot seek return or compensation for obligations already performed (Article 253-3(2)).
Can a complainant seek reconsideration of non-prosecution or deferral?
Generally yes. Within ten days after receiving the written disposition, a complainant may submit written reasons through the original prosecutor to the chief prosecutor of the immediately higher prosecutors' office or the Prosecutor General (Article 256(1)). If the complainant had agreed to a disposition under Article 253 or 253-1, that reconsideration route is barred by the proviso.
A defendant receiving a revocation of deferred prosecution may also seek reconsideration in writing within ten days under Article 256-1.
告訴人接受不起訴或緩起訴處分書後，得於十日內以書狀敘述不服之理由，經原檢察官向直接上級檢察署檢察長或檢察總長聲請再議。但第二百五十三條、第二百五十三條之一之處分曾經告訴人同意者，不得聲請再議。（刑事訴訟法第256條第1項）
Unofficial English summary (not an official translation): Article 256 sets a ten-day complainant review period, with an exception for agreed discretionary non-prosecution or deferred prosecution.
When might legal advice help?
On receiving a non-prosecution or deferred-prosecution disposition, check its type and the ten-day review period promptly. Review any proposed monetary or other conditions, including whether your consent is required. This is general information, not advice for an individual case.