Relevant Legal Provisions

Article 284 of the Criminal Code：A person who negligently causes bodily harm to another shall be sentenced to imprisonment for not more than one year, short-term detention, or a fine of not more than NT$100,000;If the harm results in serious injury, the punishment shall be imprisonment for not more than three years, short-term detention, or a fine of not more than NT$300,000.
Article 287 of the Criminal Code：Prosecution for the offenses specified in Paragraph 1 of Article 277, Article 281, and Article 284 shall be instituted only upon complaint.
However, this limitation shall not apply where a public official commits the offense specified in Paragraph 1 of Article 277 in the performance of official duties.
Article 252, Subparagraph 5 of the Code of Criminal Procedure：A disposition of non-prosecution shall be rendered under any of the following circumstances:5. Where an offense prosecutable only upon complaint or request has had the complaint or request withdrawn or the complaint period has expired.

Facts and Reasons

The defendant (our client) was driving a passenger car and, unable to avoid in time, collided with a standard heavy motorcycle ridden by the complainant. The impact caused the complainant and the motorcycle to fall, resulting in injuries such as blunt trauma to the head and lacerations on the limbs. The defendant was therefore suspected of negligent bodily harm. However, with the assistance of legal counsel, a settlement was successfully reached through mediation, and the complainant agreed to withdraw the complaint.

Prosecutor's Disposition

The investigation of the above negligent bodily harm case involving the defendant has been concluded, and a disposition of non-prosecution is deemed appropriate.

According to the law, for offenses that are prosecutable only upon complaint, if the complaint has been withdrawn, a disposition of non-prosecution shall be rendered. Based on the content of the complaint in this case, the defendant's aforementioned conduct constitutes the offense stipulated in the first part of Article 284 of the Criminal Code, which, pursuant to Article 287 of the same law, is an offense prosecutable only upon complaint. In this case, the complainant has reached a settlement with the defendant and has formally withdrawn the complaint. The settlement agreement and the written withdrawal of the complaint are both on record. In light of the foregoing, a disposition of non-prosecution is warranted.

​​​​​​​(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys: Vincent Huang、Ian Yan