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2025-12-03

Case Studies | Criminal | Bicycle Traffic Accident – Defendant Not Prosecuted for Negligent Injury

德益案例經驗 騎腳踏車出車禍 被告過失傷害 獲得不起訴


Relevant Legal Provisions


Criminal Code Article 284:Anyone who negligently causes injury 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 act results in serious injury, imprisonment for not more than three years, short-term detention, or a fine of not more than NT$300,000.


Facts and Reasons


The defendant (the client represented by our firm) was riding a bicycle and, upon reaching an intersection, collided with the heavy motorcycle operated by the complainant from behind. Both parties and their vehicles fell to the ground. The complainant alleged sustaining multiple abrasions to the legs and arms and claimed that the defendant failed to pay attention to traffic signals and the situation of the vehicle ahead.


Prosecutor's Disposition


The above-mentioned case involving the defendant, suspected of negligent injury, has concluded its investigation, and a decision of non-prosecution was deemed appropriate.

Regarding the injuries alleged by the complainant, no medical certificate was submitted during the investigation, nor were any photographs of the injuries later provided. According to the photos taken by the police at the scene, the complainant showed no obvious external injuries. The responding officer also testified that although the complainant claimed to be injured, no injuries were visible to the naked eye. Another witness stated that the complainant wore long pants all day and showed no signs of abrasions.

Based on the above, it is difficult to confirm the complainant's allegations of injury resulting from the accident. Therefore, the defendant's conduct does not meet the elements of negligent injury under the Criminal Code, and the suspicion is insufficient to establish criminal liability.
 

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


Attorneys:Vincent Huang Herman LyuIan Yan
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