A prosecutor or judge may restrict a defendant's departure from Taiwan or by sea only where suspicion is substantial and a listed ground—no fixed residence, flight risk, or risk to evidence or witnesses—makes it necessary (Code of Criminal Procedure, Article 93-2). The written measure must state its grounds, period and remedy, and notice must be given within six months unless the defendant's residence is unknown and notification is impossible. An investigation-stage restriction by a prosecutor lasts at most eight months initially, with up to two court-approved extensions; before ruling on an extension, the court must give the defendant and defense counsel an opportunity to state their views (Article 93-3(4)). Trial-stage restrictions last at most eight months each, with a five- or ten-year cumulative limit depending on the charge (Article 93-3). Certain dispositions and judgments deem the restriction revoked, subject to an appeal-period exception (Article 93-4). A defendant or counsel may request revocation or alteration under Article 93-5. Duration and outcome are case-specific.
When may departure be restricted?
Article 93-2(1) requires substantial suspicion of an offense plus necessity and at least one ground: no fixed home or residence; substantial reason to believe the defendant may flee; or substantial reason to believe evidence may be destroyed, forged or altered or accomplices or witnesses improperly contacted. A prosecutor or judge cannot impose the measure directly where the offense carries at most short-term detention or a fine alone.
Being suspected by itself does not satisfy these requirements.
What must the written notice say, and when is it given?
The writing must identify the defendant and case, alleged legal provisions, reason and period, implementing authority, and available remedy (Article 93-2(2)).
Unless the residence is unknown and notification impossible, it must be given no later than six months after the restriction. If the defendant is questioned before notice, the restriction must be explained in court and the writing handed over. Someone who learns of the restriction earlier may request the writing (Article 93-2(3)–(4)).
How long can a prosecutor restrict departure during investigation?
偵查中檢察官限制被告出境、出海，不得逾八月。但有繼續限制之必要者，應附具體理由，至遲於期間屆滿之二十日前，以書面記載前條第二項第一款至第四款所定之事項，聲請該管法院裁定之，並同時以聲請書繕本通知被告及其辯護人。（刑事訴訟法第93條之3第1項）
Unofficial English summary (not an official translation): Article 93-3(1) limits the prosecutor's investigation-stage restriction to eight months; a necessary extension requires a reasoned application to court at least 20 days before expiry and notice of a copy to the defendant and counsel.
The prosecutor cannot unilaterally extend the measure beyond the initial eight months. Before ruling on the extension request, the court must give the defendant and defense counsel an opportunity to be heard (Art. 93-3(4)).
What are the extension and trial-stage limits?
偵查中檢察官聲請延長限制出境、出海，第一次不得逾四月，第二次不得逾二月，以延長二次為限。審判中限制出境、出海每次不得逾八月，犯最重本刑為有期徒刑十年以下之罪者，累計不得逾五年；其餘之罪，累計不得逾十年。（刑事訴訟法第93條之3第2項）
Unofficial English summary (not an official translation): Article 93-3(2) permits two investigation extensions: at most four months for the first and two months for the second; at trial each restriction may last up to eight months, with a cumulative five- or ten-year limit.
The investigation-stage maximum is thus 14 months if both extensions are granted. During trial, each period is at most eight months; the cumulative limit is five years for an offense whose maximum sentence is no more than ten years' imprisonment, and ten years for other offenses. Before any court extension, the defendant and defense counsel must have an opportunity to be heard (Article 93-3(4)). Time while the defendant is wanted after absconding does not count. The statutory period left after indictment and a specified court-transition extension count toward the trial total (Article 93-3(3), (5)–(6)).
When is the restriction deemed revoked by law?
被告受不起訴處分、緩起訴處分，或經諭知無罪、免訴、免刑、緩刑、罰金或易以訓誡或第三百零三條第三款、第四款不受理之判決者，視為撤銷限制出境、出海。但上訴期間內或上訴中，如有必要，得繼續限制出境、出海。（刑事訴訟法第93條之4）
Unofficial English summary (not an official translation): Under Article 93-4, non-prosecution or deferred prosecution, and specified judgments including acquittal, suspended sentence, fine or admonition, deem the departure restriction revoked; it may continue if necessary during an appeal period or appeal.
The statute also lists exemption from prosecution (免訴), exemption from punishment and certain judgments of non-acceptance under Article 303(3)–(4). In these cases a separate revocation application is not normally needed, but the appeal-period proviso must be checked.
Can the defendant ask for revocation or alteration?
Yes. A defendant or defense lawyer may apply to the prosecutor or court to revoke or change a departure restriction under Article 93-5(1). During an investigation a prosecutor may also seek revocation and notify the relevant departure authority before the decision as the statute permits.
The authority to revoke or change differs depending on whether the measure was made by a prosecutor or court and whether the case has reached trial. During investigation, before revocation the prosecutor must be consulted unless the prosecutor sought revocation; Article 93-5(2)–(4) also governs the court's power after indictment.
Can a departure restriction accompany bail or a residence restriction?
Yes. Article 93-6 allows a departure restriction together with bail, entrustment to a custodian or a residence restriction made under other provisions. The written-content, duration, deemed-revocation and alteration rules in Articles 93-2(2) and 93-3 through 93-5 apply accordingly.
How is a restriction or extension challenged?
The route depends on who made it. A court ruling on an extension or other restriction matter can be appealed under the exception in Article 404(1)(2). The court must not dismiss the appeal for lack of practical benefit merely because execution has ended (Art. 404(2)). For a measure by a presiding, commissioned or entrusted judge or prosecutor, the affected person may ask the competent court to revoke or alter it under Article 416(1), even after completion.
That Article 416 application must be made within ten days from the measure or, if served, from service (paragraph 3). Check the particular order promptly.
When might legal advice help?
Once written notice arrives, advice can help identify its expiry, whether revocation or alteration may be requested, and the applicable review route and deadline. This is general information, not advice for an individual case.