The Legislative Yuan adopted the provisions concerning retrial for the benefit of parties subject to a court judgment in Article 420 of the Code of Civil Procedure during the 19th Meeting of the 6th Session of the 8th Term on January 23, 2015, This amendment was promulgated by the President on February 4, 2015.

Article 420 of the Code of Criminal Procedure as amended provides: "After a guilty judgment has become final, a motion for retrial may be filed in the interest of the convicted under the following circumstances: (1) where exhibits on which the original judgment is based have been proven to be fabricated, or altered; (2) where material testimony, expert opinion, or interpretation on which the original judgment is based has been proven to be false; (3)where the convicted has been proven to be falsely accused; (4) where judgment by a common court or special court on which the original judgment is based on has been changed in a final judgment; (5) if a judge participating in the original judgment, judgment before the trial or investigations before the judgment, or administrative prosecutor, judicial police officer, or judicial police participating in the investigation or the prosecution commits offenses during the discharge of his/her responsibilities for the case and the offenses have been proven; or he/she has been subject to disciplinary action due to his/her violation of laws or dereliction of duties for this case to an extent sufficient to affect the original judgment; and (6) where the discovery of new facts or new evidence and general determination based on such evidence or facts only or together with previous evidence are sufficient to show that the convicted shall be acquitted, exempt from prosecution, remitted from punishment, or subject to a judgment which imposes lighter punishment relative to the offenses under the original judgment. (Paragraph 2) In case of the substantiation of the situations in Subparagraphs 1 through 3 and Subparagraph 5 of the preceding paragraph l, a motion for retrial may be filed only if the judgment has become final or if insufficient evidence is not the reason for not being able to begin the criminal procedure or continue the trial. (Paragraph 3) The new facts or evidence in Subparagraph 3 of Paragraph 1 refers to the facts or evidence which has existed or has been established before a judgment becomes final without sufficient time to investigate or consider the same and which has not existed or has not been established until the judgment becomes final."

In the amendment, the focus is on relaxing the provisions of Article 420, Paragraph 1, Subparagraph 5, including the circumstances where judicial police officers or judicial police have been proven to have committed offenses during the discharge of their responsibilities for such case. Under Subparagraph 6 of the same article, "the discovery of new facts or new evidence" replaces the "discovery and confirmation of new evidence" in the previous provision, and the provision concerning "general determination based on such evidence or facts" is added. Also, it is additionally stipulated that the specifically stipulated new facts and new evidence under Paragraph 3 of the same article shall include new facts or evidence "which has existed or has been established before the judgment becomes final without sufficient time to investigate and consider the same and which has not existed or has not been established until the judgment becomes final."

To accommodate the relaxation of, and amendment to, Article 420, Paragraph 1, Subparagraph 6 of the Code of Criminal Procedure by the Legislative Yuan, the Legislative Yuan adopted during the 19th Meeting of the 6th Session of the 8th Term on January 23, 2015 Article 7-8 of the Law for Enforcing the Code of Criminal Procedure, which was promulgated by the President on February 4, 2015. This article provides: "(Paragraph 1) Where a motion is filed for retrial pursuant to Article 420, Paragraph 1, Subparagraph 6 of the Code of Criminal Procedure before amendment based on new facts or new evidence which does not meet the requirements under such provision before the Code of Criminal Procedure as amended was adopted on January 23, 2015, if the party filing the motion withdraws the motion pursuant to Article 430, Paragraph 1 of the code of Criminal Procedure or if the court rejects the motion in accordance with Article 434, Paragraph 1 of the Code of Criminal Procedure exclusively on the ground that the new evidence is not new evidence that the trial court failed to discover and to investigate and consider before the judgment, Article 431, Paragraph 2 and Article 434, Paragraph 2 of the Code of Criminal Procedure shall not apply when a motion is filed after the effective date thereof for retrial based on the same facts and evidence which meets the provision as amended. (Paragraph 2) If the party filing a motion withdraws the motion in accordance with Article 431, Paragraph 1 of the Code of Criminal Procedure or if the motion is rejected by the court in accordance with Article 434, Paragraph 1 of the Code of Criminal Procedure under the circumstances set forth in the preceding paragraph, Article 431, Paragraph 2 and Article 434, Paragraph 2 of the Code of Criminal Procedure shall still apply."

To wit, if a motion for retrial which does not meet the requirement under Article 420, Paragraph 1, Subparagraph 6 of the old law was previously filed and withdrawn before the adoption of the Code of Criminal Procedure as amended on January 23, 2015 or if such motion was rejected by the court on the ground that such new evidence was not new evidence which had not been discovered and thus not investigated or considered before the judgment, a motion for retrial may still be filed. However, this shall not apply if a motion for retrial is filed and subsequently withdrawn or rejected again.