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 Where an offense prosecutable only upon complaint or request has had the complaint or request withdrawn or the complaint period has expired.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 (i.e., our client) was driving a private passenger car and should have paid attention to the road conditions ahead and taken necessary safety measures at all times. According to the circumstances at the time, there was no reason he could not have been aware of the situation, but he negligently failed to notice that a commercial passenger vehicle was parked in a red-lined area ahead and accidentally collided with it, causing injury to the victim and thus is suspected of the offense of negligent bodily harm.

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According to the law, for offenses that are prosecutable only upon complaint, if the complaint has been withdrawn, a disposition of non-prosecution shall be rendered.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 In this case, the complainant has reached a settlement with the defendant and has formally withdrawn the complaint.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