Suggested citations
AGLC4 | 형사소송법 2012 [Criminal Procedure Law of the Democratic People's Republic of Korea (2012)] [tr Daye Gang].
Bluebook | Hyeongsa Sosongbeob 2012 [Criminal Procedure Law of the Democratic People's Republic of Korea (2012)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on January 15, Juche 81 (1992), as Decision No. 12 of the Standing Committee of the Supreme People's Assembly
Amended and supplemented on May 6, Juche 93 (2004), as Directive No. 436 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on October 19, Juche 100 (2011), as Directive No. 1913 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on May 14, Juche 101 (2012), as Directive No. 2387 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF THE CRIMINAL PROCEDURE LAW
Article 1 (Objective of the Criminal Procedure Law)
The criminal procedure law of the Democratic People’s Republic of Korea shall serve to correctly handle criminal cases by strictly setting up systems and order in the investigation, preliminaries, indictment, and trial.
Article 2 (Principle of Attainment of the Class Line)
The State shall distinguish enemies and allies in the struggle against crimes against the nation and the people, repress the small minority of principal agents, embrace the majority passive participants, and make social education the first consideration in the struggle against ordinary crime and combine legal sanctions.
Article 3 (Principle of Attainment of the Mass Line)
The State shall staunchly act in accordance with the strength and wisdom of the masses in the handling of criminal cases and shall thoroughly defend the interests of the masses.
Article 4 (Principle of Preventing Crime)
The State shall strengthen law-abiding culture and legal control among the citizens to prevent crimes in advance.
Article 5 (Principle of Guarantee of Totality, Scientific Accuracy, Objectivity, Caution, and Fairness)
In handling of criminal cases, the State shall guarantee totality, scientific accuracy, objectivity, caution and fairness.
Article 6 (Principle of Guarantee of Human Rights)
The State shall thoroughly guarantee human rights in the handling of criminal cases.
Article 7 (Principle of Use of Korean in Handling Criminal Cases)
The State shall handle cases in our language. A person who does not know Korean shall have a translator. Foreign nationals may write documents related to a criminal case in their language.
Article 8 (Principle of Adherence to Principles, Processes and Methods Provided for by Law)
The State shall follow the principles, processes and methods provided in this law in the handling of criminal cases.
CHAPTER II. GENERAL REGULATIONS
SECTION I. PARTIES TO A CRIMINAL ACTION
Article 9 (Parties to a Criminal Action)
Parties to a criminal action are the people in charge of the criminal action and participants to the criminal action. The people in charge of the criminal action are the detective, investigator, prosecutor, judge, and the participants to the criminal action are people who are involved in the handling of the criminal action such as lawyers, judicial clerks, scribes, witnesses, expert witnesses, claimants for compensation, interpreters, translators, interpreters, observers, guarantors, and the accused.
Article 10 (Person in Charge of Investigation)
Investigation shall be done by the professional detective of the legal institution concerned. According to need, workers with the authority to investigate may also investigate.
Article 11 (Person in Charge of Preliminaries)
Preliminaries shall be done by the investigator of the legal institution concerned.
Article 12 (Person in Charge of Indictment)
The indictment for a criminal action shall be done by the prosecutor.
Article 13 (Person in Charge of Trial)
Trials shall be conducted by a Court composed. The imposition of penalty shall be done by judgment of the Court.
Article 14 (Person in Charge of Observation of Investigation, Preliminaries, Trial)
The observation of investigation, preliminaries and trial shall be done by a prosecutor.
Article 15 (Secrecy and Prohibition of Interference into Investigation of Criminal Actions)
A person involved in a criminal action must keep secrets related to the handling of the criminal action and must not do anything to interfere with the handling of criminal actions.
Article 16 (Reasons for Not Being Able to Participate in a Criminal Action According to Interest)
A detective, investigator, prosecutor, judge, People’s Assessor, judicial clerk, scribe, expert witness, interpreter, translator, interpreter, or observer may not participate in the handling of a criminal action if they, their family or a person who is a relative is is the victim or criminal, or if they have an interest in the outcome of the criminal action concerned.
Article 17 (Reasons for Not Being Able to Combine Criminal Action Duties)
A detective, investigator, prosecutor, judge, People’s Assessor, judicial clerk, scribe, lawyer, witness, expert witness, claimant for compensation, interpreter, translator, interpreter, or observer may not combine each other’s duties in the handling of the criminal case concerned. However, a prosecutor or witness may be a claimant for compensation. A detective, investigator, prosecutor or judge may not be a person involved in the action for the action they were in charge of or were involved in even in cases where their work duties change.
Article 18 (Reasons for Not Being Able to Conduct Preliminaries for the Same Case)
In a case where violating the requirements of Article 166 of this law is the basis for the court returning the case, the investigator who was in charge of that case may not be in charge of those preliminaries again.
Article 19 (Reasons for Not Being Able to Observe or Indict the Same Case Again)
In a case where overstating or fabricating a criminal action is the basis for the court returning the case and the prosecutor shares the accountability, he or she may not be in charge of the observation and indictment for that case again.
Article 20 (Reasons for Not Being Able to Be the Member of a Court that Hears the Same Case Again)
A judge or People’s Assessor who participated in the first hearing of the trial may not be a member of a first instance or appellate court, emergency appeal or retrial that rehears that case. However, he or she may participate in a trial that rehears criminal action that the court sent back because the preliminaries were insufficient.
Article 21 (Reasons for Not Being Able to Be the Members of One Court)
Judges and People’s Assessors who are relatives may not be members of one court.
Article 22 (Reasons for Not Being Able to Be a Witness)
A person provided for in Article 17 of this law and a person who because of mental illness or another bodily defect cannot properly understand or correctly articulate facts he or she heard or saw about a criminal case may not be a witness.
Article 23 (Reasons for Not Being Able to Be an Expert Witness, Interpreter, Translator, or Interpreter)
A person who has a reason in Article 16 or Article 17 of this law or a person who does not have a State qualification or professional knowledge may not be an expert witness, interpreter, translator or interpreter.
Article 24 (Application to Exchange a Person Involved in an Action)
In cases where reasons under Article 16 to Article 23 under this law exist, a person involved in an action may apply to exchange a detective, investigator, prosecutor, judge, People’s Assessor, judicial clerk, scribe, witness, expert witness, interpreter, translator or interpreter to a prosecutor at the investigation and preliminaries stage, and to the court at the trial stage.
Article 25 (Period during Trial to Apply for Exchange of a Person Involved in an Action)
An application during trial to exchange a person involved in the action shall be done before the hearing on the facts commences. However, in cases where a reason appears to exchange a person involved in the action or that fact becomes known after the hearing on the facts commences, an application may also be made.
Article 26 (Treatment of an Application to Exchange a Person Involved in an Action in an Investigation or Preliminaries)
A prosecutor must resolve an application to exchange a person involved in an action within 3 days. An investigation or preliminaries continues until the time of the prosecutor’s resolution.
Article 27 (Treatment of an Application to Exchange a Person Involved in an Action in a Trial)
An application to exchange a person involved in an action who participates in a trial shall be resolved by ruling of the court that is hearing that case. An application to exchange a judge or People’s Assessor shall be resolved by ruling of the members of the Court excluding the judge or People’s Assessor who has been pointed out as the subject of the exchange. In this case, if even one person among these members of the Court argues that he or she should be exchanged, he or she shall be exchanged. In cases where a Court cannot be composed to hear the application to exchange a judge or a People’s Assessor, the trial will be suspended and the court shall be recomposed.
Article 28 (Abandonment of Persons Involved in a Criminal Action)
A detective, investigator, prosecutor, judge, People’s Assessor, judicial clerk, scribe, lawyer, witness, expert witness, claimant for compensation, interpreter, translator, interpreter or observer shall not participate in the handling of the criminal case concerned if he or she has a reason from Article 16 to Article 23 of this law.
SECTION II. EVIDENCE
Article 29 (Handling of Criminal Cases Based on Scientific Evidence)
The handling of criminal cases shall be based on scientific evidence. Evidence may only be used as the foundation to resolution of a case by being collected according to law and after being objectively and sufficiently reviewed and confirmed
Article 30 (Types of Evidence)
Evidence shall be materials obtained from the words of a witness, analysis results, verification results, exhibits, documentary evidence, and the words of the accused.
Article 31 (Subjects to be Finalized as Evidence)
Facts which may form the status of a crime or impact the determination of a penalty must be finalized as evidence.
Article 32 (Collection and Use of Evidence)
A detective, investigator or Court may collect and use evidence necessary for the handling of a criminal case as stipulated by law. The legal institution concerned must staunchly cooperate with the activities of the investigation, preliminaries and trials of people’s safety and prosecutorial institutions to handle ordinary criminal cases that are committed in society by soldiers and employees.
Article 33 (Methods for Discovering Evidence)
Evidence shall be discovered in accordance with the strength and wisdom of the masses and based on technological ways and means. Institutions, enterprises, organizations and citizens must voluntarily comply with the requests of detectives, investigators and courts to discover evidence.
Article 34 (Securing Evidence)
Evidence discovered shall be secured by means of making an affidavit or report. It may be secured by means of taking a photo, drawing a rough map or by audio or visual recording as necessary. In this case, it shall be stated in the affidavit or report concerned.
Article 35 (Review of Evidence)
A detective, investigator, prosecutor, judge, or court shall review by means of analysing the evidence collected itself or by comparing it against other evidence that has been confirmed or evidence that has been newly collected.
Article 36 (Evaluation of Evidence)
A detective, investigator, prosecutor, judge, or court shall comprehensively evaluate evidence collected and reviewed and confirmed as stipulated by the law individually or in relation to each other.
Article 37 (Evaluation of Statements of Defendant or Accused)
Statements of a defendant or of an accused received through means of coercion or inducement may not be used as evidence. In cases where the statement of the defendant or of the accused is the sole evidence, it shall be recognised that his or her crime has not been able to be proved. Even materials where he or she has surrendered or confessed shall be recognised if other evidence related to it is discovered. If it is objectively revealed that the statement of a defendant or of an accused that does not recognize the crime is a falsehood according to other evidence, it shall be recognized that the crime has been proven.
Article 38 (Form of Registration and Securing of Exhibits)
Exhibits shall be registered in an exhibit discovery report, exhibit submission report, search and seizure report, or report of inspection of the scene according to where and through what means it was found. In cases where there is a need to separately secure the characteristics, state or traces of an exhibit, it shall be secured as a report of inspection of the scene.
Article 39 (Collection and Observation of Exhibits)
In cases where exhibits are discovered and secured, two observers shall be set up.
Article 40 (Storage of Exhibits)
The storage of exhibits shall be done by the institution that handles the case record and the criminal case. Exhibits that are difficult for the institution handling the criminal case to store shall be sealed and stored with the institution concerned and a certificate of custody shall be received and attached to the case record. Precious minerals collected shall be stored with a bank and a certificate of custody received, and cash shall be deposited in the bank account concerned at the bank and a temporary deposit certificate shall be received and attached to the case record.
Article 41 (Transfer of Control of Exhibit)
In cases where a criminal case is sent to the detective, investigator or court of another institution, the exhibits will be handed over together with the case record. Exhibits that have already been returned or handed over to the owner or the institution concerned or exhibits where it is not appropriate to transfer control shall have their basis document handed over together with the inspection report.
Article 42 (Reasons for Treatment of Exhibits at the Stage before Case Closure)
Exhibits that are rotten or may be spoilt may be returned to the owner or handed over to the institution concerned even if it is before the criminal case is closed by decision of a detective or investigator or the ruling of a judge. Among exhibits that are not required to be confiscated, the goods that the owner or possessor must use may be returned to the owner even if it is before that case is closed by decision of a detective or investigator or the ruling of a judge if no interference is caused to the handling of the criminal case. In this case, he or she shall be informed that the exhibit returned must not be disposed of or modified at will before the closure of the criminal case.
Article 43 (Method of Treatment of Exhibits)
A detective or investigator who wishes to return or hand over an exhibit shall draft a written decision and receive the approval of the prosecutor and a judge shall draft a ruling. In cases where an exhibit has been returned or handed over, a confirmation document shall be received from the institution concerned. Exhibits treated before a criminal case is closed shall be secured with their characteristics, state or traces with things like an inspection report or a photo and shall be attached to the case record with the basis document.
Article 44 (Treatment of Evidence of a Closed Criminal Case)
A detective, investigator, prosecutor, judge or court that has closed a criminal case shall confiscate or discard exhibits that cannot be returned to the victim and the other exhibits shall be returned to the victim or handed over to the institution concerned and shall state that fact in the written decision, ruling, or judgment. In this case, a confirmation document shall be received from the victim or institution concerned that had the evidence returned or handed over and it shall be attached to the case record together with the basis document.
SECTION III. JURISDICTION
Article 45 (Standard for Establishing Jurisdictions)
Jurisdictions shall be established using the objective and duties of the legal institution, the crime scene and the gravity of the case as the standard so that cases are not concentrated in one legal institution and can be handled quickly and correctly
Article 46 (Investigative Jurisdiction)
Detectives shall investigate criminal cases that have happened in their jurisdictional area. The investigation of crimes against the nation and the people shall be done by detectives of the safety and defence institution. The investigation of ordinary crimes that are related to administrative and economic work and ordinary criminal cases that are raised in the process of surveillance of law observance and fulfilment of a legal institution shall be done by a detective in the prosecutorial institution. Investigations of other ordinary criminal cases shall be done by detectives of people’s safety institutions.
Article 47 (Jurisdiction of Special Investigative Institutions)
Investigation of ordinary criminal cases committed by soldiers, people’s safety officials and employees of military institutions shall be done by detectives of the military prosecutorial institution. Investigation of ordinary criminal cases committed by an employee in the munitions industry sector and of ordinary criminal cases that violate the work of the munitions industry sector shall be done by detectives of the munitions sector legal institution. Investigation of ordinary crimes related to the administrative and economic work of the railway transportation sector and ordinary criminal cases raised in the process of surveillance of law observance and fulfilment of a legal institution in the railway transportation sector shall be done by detectives of the railway prosecutorial institution. Investigation of other ordinary criminal cases committed by an employee of the railway transportation sector and ordinary criminal cases that violate the work of the railway transportation sector shall be done by detectives of the railway people’s safety institution.
Article 48 (Jurisdiction of Preliminaries)
An investigator shall conduct preliminaries for criminal cases which have happened in his or her jurisdictional area. In necessary cases, the investigator with jurisdiction over the area where the criminal lives or the area where the criminal case was identified may conduct the preliminaries after informing the investigator of the jurisdictional area. The preliminaries of crimes against the nation and the people shall be done by an investigator of the safety and defence institution. Preliminaries of ordinary crimes related to administrative and economic work and ordinary criminal cases raised in the process of surveillance of law observance and fulfilment of legal institutions shall be conducted by investigators of prosecutorial institutions, and the preliminaries of other ordinary criminal cases shall be done by investigators of people’s safety institutions.
Article 49 (Jurisdiction of Special Preliminaries Institutions)
Preliminaries for military criminal cases, criminal cases of violating military work, or for ordinary criminal cases committed by a soldier, people’s safety officials or an employee of a military institution shall be done by an investigator of a military prosecutorial institution. Preliminaries for ordinary criminal cases committed by an employee of the munitions industry sector and ordinary criminal cases in violation of work in the munitions industry sector shall be done by an investigator in the munitions sector legal institution. Preliminaries for ordinary crimes related to administrative and economic work in the railway transportation sector and ordinary criminal cases raised in the process of surveillance of law observance and fulfilment of a railway transportation sector legal institution shall be done by an investigator of the railway prosecutorial institution and preliminaries of other ordinary criminal cases committed by employees of the railway transportation sector and ordinary criminal cases of violating the work of the railway transportation sector shall be done by an investigator of the railway people’s safety institution.
Article 50 (Jurisdiction of People’s Courts)
People’s Courts shall try ordinary criminal cases that are not included in the jurisdictions of the Province Court or Court of municipality directly under central authority, Special Courts and the highest Court.
Article 51 (Jurisdiction of Province Court)
Province Courts or Courts of municipalities directly under central authority shall try at first instance ordinary criminal cases indicted under articles of law that require crimes against the nation and the people, the death penalty or life-time terms of reform through labour. It may directly try criminal cases included in the jurisdiction of People’s Courts in the Province or the municipality directly under central authority, or send it to another People’s Court as necessary. They shall try on appeal appeals and complaints about the judgments of People’s Courts in the Province or the municipality directly under central authority.
Article 52 (Jurisdiction of Special Court)
Military tribunals shall try military criminal cases, criminal cases that have violated military work, and criminal cases committed by soldiers, people’s safety officials, and employees of military institutions. Military tribunals shall try criminal cases committed by an employee of the munitions industry sector and criminal cases of violating the work of the munitions industry sector. Railway Courts try criminal cases committed by employees of the railway transportation sector and criminal cases of violating the work of the railway transportation sector.
Article 53 (Jurisdiction of the Highest Court)
The highest court shall try on appeal appeals and complaints of first instance trials of Province Courts, Courts of municipalities directly under central authority and Special Courts. It may directly try any first instance case included in the jurisdiction of any Court or may send it to a different Court of the same level or same type as necessary.
Article 54 (Area of Jurisdiction)
Courts shall try criminal cases that have happened in their jurisdictional area. In cases where there is no interference with the trial, they may also be tried in the Court with the jurisdiction over the place the criminal lives or was identified.
Article 55 (Trial Jurisdiction over Cases Included in Several Jurisdictions of Courts of the Same Level)
The trial of criminal cases included in the jurisdiction of several courts of the same level for different causes shall be conducted by the Court that first commenced the hearing of the case.
Article 56 (Trial Jurisdiction over Cases with Different Jurisdictions)
In cases where an accused who has committed different crimes with different jurisdictions or several accused with different jurisdictions are tried together, they shall be tried in a higher Court if a proportion is included in the jurisdiction of a higher Court, or in a Special Court if included in the jurisdiction of a Special Court.
Article 57 (Prohibition on Jurisdictional Disputes)
A criminal case taken over from another Court may not be handed over to another Court again. In cases where a criminal case taken over is included in the jurisdiction of a Court of another level or type, it may be handed over to the Court concerned upon receiving the approval of a higher Court.
SECTION IV: LEGAL REPRESENTATION
Article 58 (Guarantee of Right of Defence of Defendants and Accused)
The right of defence of defendants and accused shall be guaranteed in the handling of criminal cases.
Article 59 (Duties of Counsel)
Counsel shall ensure that a criminal case is handled correctly and the rights of defendants and accused are guaranteed in accordance with the law.
Article 60 (Right of Choice over Counsel)
Defendants and accused shall have the right to choose counsel to be assisted by. The family of defendants and accused, his or her relatives or the representative of his or her affiliated group may also choose counsel.
Article 61 (Abandonment of Right of Choice over Counsel)
Defendants and accused may abandon the right to choose counsel and receive assistance.
Article 62 (Period to Choose Counsel of Defendants and Accused)
Defendants’ and accused’s choice of counsel shall be from the time he or she receives a decision to inquire into criminal responsibility until the trial begins.
Article 63 (Period of Judicial Request to Appoint Counsel)
In cases where a defendant who has not chosen counsel has been indicted, a Judge shall request the appointment of counsel from the lawyers’ association concerned until the trial begins.
Article 64 (Qualifications for Counsel)
Counsel may be any lawyer from lawyers’ associations at each level. A person with lawyer qualifications may also be counsel. In this case, he or she shall receive the approval of the prosecutor or the judge.
Article 65 (Application to Choose Counsel and Request for Appointment)
The defendant, accused, his or her family, relatives or representative of his or her affiliated group shall apply to the investigator or judge to choose counsel. An investigator or judge who has received an application to choose counsel shall inform the lawyer or person with lawyer qualifications chosen of the content of the application within 3 days. According to Article 63 of this law, a judge who wishes to appoint counsel shall make a request for appointment of counsel with the lawyers’ association concerned.
Article 66 (Choice of Counsel and Notice of Appointment)
A person who has received an application of choice of counsel or a request for appointment or a lawyers’ association shall inform the investigator or judge concerned of their decision on agreement within 3 days. An investigator or judge who has received notice of counsel’s choice on agreement shall soon inform the applicant for choice of counsel.
Article 67 (Alternative Choice or Reappointment of Counsel)
In cases where a lawyer or person with lawyer qualifications refuses the application for choice of counsel or the request for appointment, or where the prosecutor or judge does not approve the application for choice of counsel, counsel shall be chosen or appointed again. The alternative choice or reappointment of counsel shall follow Article 65 of this law.
Article 68 (Preference for Private Counsel)
In cases where private counsel has been chosen after a public defender has been appointed, the private counsel shall be the counsel.
Article 69 (Conference of Counsel with Defendant or Accused)
Counsel chosen may meet the defendant or accused for a conference. In cases where counsel, the defendant or the accused request it, the investigator, judge, or Court shall allow them to meet.
Article 70 (Perusal of Case Record by Counsel)
Counsel may peruse the case record at any time after the criminal case has been brought by indictment.
Article 71 (Collection, Review and Confirmation of Evidence by Counsel)
Counsel may collect necessary evidence or review and confirm it to represent the defendant or accused.
Article 72 (Representation of Another Accused with Different Interests)
Counsel may not represent accused with different interests together. However, in cases where the accused do not object, he or she may represent accused with different interests together.
Article 73 (Lodging an Opinion by Counsel)
In a case where counsel for a defendant or accused finds out the fact that his or her legal rights are not being guaranteed, counsel may lodge an opinion with the prosecutor, judge or Court. The prosecutor, judge or Court must process the opinion lodged within 3 days and inform counsel.
SECTION V: DOCUMENTS IN A CRIMINAL ACTION
Article 74 (Aim of Drafting Documents in a Criminal Action)
A detective, investigator, prosecutor, judge, or Court shall draft documents in a criminal action to secure the process and results of acts in a criminal action. Acts in a criminal action and their results must be secured in the documents to have legal effect.
Article 75 (Types of Documents in a Criminal Action)
Documents in a criminal action include written decisions, affidavits, reports, indictments, rulings and judgments drafted in the investigation, preliminaries, indictment, preparation for trial, and hearing of trial stages.
Article 76 (Method of Drafting Documents in a Criminal Action)
Documents in a criminal action shall correctly state the date and location of drafting, the name and position at work of the drafter, the legal basis, process and results of the act and shall stamp the thumbprint or seal of a person involved. The thumbprint or seal of the person making the statement shall be stamped in places of amendment, supplementation, or deletion.
Article 77 (Privacy of Documents in a Criminal Action)
Documents in a criminal action may not be perused with the exception of people who are allowed to view them according to law.
SECTION VI: PERIOD OF CRIMINAL ACTION, DELIVERY OF DOCUMENTS, AND EXPENSES OF ACTIONS
Article 78 (Calculation of Period of Criminal Action)
The calculation of a period of criminal action shall be done by hours, days, months and years. In this case, it is calculated from the next day or next time period from when the reason for calculation arises. For periods determined by day, the period for criminal action shall end at midnight on the last day. For periods determined by month, the period for criminal action shall end after the same day as the day the reason for calculation arose during the last month of that period. In cases where there is no same day as the day the reason for calculation arose during the last month, the period for criminal action after the last day of that month ends. In cases where the end date is a Statewide day of rest, the period for criminal action shall end after the first following work day.
Article 79 (Recognition of Legal Effect Following the Period of Dispatch of Documents in a Criminal Action)
In cases where a document in a criminal action such as a notice of appeal, letter of complaint or written decision is sent before the period determined by the law passes, it shall be recognised that it was sent within that period. In cases where the period for sending the documents in the criminal action has passed, the institution receiving and handling documents in the action may prolong that period if there is an appropriate reason.
Article 80 (Delivery of Documents in a Criminal Action)
Documents in a criminal action shall be recognized as delivered at the moment the institution, enterprise, organization or citizen concerned receives them. In cases where the party is not present, an adult of that family or a representative of the institution, enterprise or organization may receive the documents in a criminal action.
Article 81 (Bearing the Expenses of a Criminal Action)
The living expenses or travel expenses of a People’s Assessor, witness, expert witness, interpreter, translator or interpreter during the period he or she has been mobilized to investigate and deal with a criminal case shall be borne by the institution, enterprise or organization he or she is affiliated with. In the case of a person who does not work at an institution, enterprise or organization, the remuneration and travel expenses shall be borne by the institution who has called him or her.
SECTION VII: COMMENCEMENT OF CRIMINAL CASE
Article 82 (Commencement and Person in Charge of a Criminal Case)
The handling of a criminal case shall commence from the time a detective decides to open an investigation. In cases where a detective does not decide to open an investigation, the handling of a criminal case shall commence from the time of the investigator or prosecutor’s decision to hand it over for investigation, the prosecutor’s decision to hand it over to preliminaries, or the ruling of the Court to hand it over to a prosecutor.
Article 83 (Foundation of Commencement of Criminal Case)
The commencement of a criminal case shall be on the basis of a report of a crime from an institution, enterprise, organization, or citizen. A criminal case many also commence based on criminal data the legal institution concerned has directly collected.
Article 84 (Duty to Preserve Evidence and Report Crime)
An institution, enterprise, organization or citizen who knows that a crime is being prepared or committed or has been committed shall preserve the crime scene, goods that are significant for resolving a crime, or documents so they do not spoil, and shall report it soon to people’s safety, prosecutorial, or safety and defence institutions.
Article 85 (Form of Reporting Crime)
Reports of crimes may be done orally or in writing.
Article 86 (Method of Receiving Reports of Crime)
The receipt of reports of crime shall be done by the method of receiving a declaration or a police report. The recipient of the report shall inform the reporter that he or she shall bear criminal liability if he or she makes a false report. On a declaration shall be stated the name and address of the reporter, and on a police report shall be stated things like the identity of the reporter, the content of the report, and a form of words that criminal liability shall be borne for false reports.
Article 87 (Compulsory Receipt and Transfer of a Report of Crime)
In the case of a report of crime, a people’s safety, prosecutorial, or safety and defence institution shall receive it regardless of jurisdiction and report data included in the jurisdiction of another institution shall soon be handed over to the institution concerned.
Article 88 (Notice of Outcome of Report of Crime)
An institution that has received a report of crime shall inform the reporter of the outcome within 1 month. In cases where the reporter has an opinion about the outcome of the report, he or she may report it again to the higher institution of the institution which processed the report.
Article 89 (Securing Crime Data Directly Collected)
People’s security, prosecutorial, trial and safety and defence institutions shall secure crime data directly collected during the performance of duties according to the relevant regulations.
SECTION VIII: COMBINATION AND DIVISION OF CRIMINAL CASES
Article 90 (Reasons for Combining Criminal Cases)
In cases where several people have committed a crime together, or one person has committed different crimes and the criminal cases have been lodged in respect of each, detectives, investigators, prosecutors, judges and Courts of first instance shall combine them into one.
Article 91 (Requirements to Keep in Combining Criminal Cases Committed by Several People)
Criminal cases that several people have committed together shall be handled as one case by the institution which is handling the leader. However, in cases where the leader is not known, the institution which first started handling the criminal case shall handle it as one criminal case. In a criminal case that several people have committed together, in a case where some are included in the jurisdiction of a higher legal institution, the higher legal institution shall handle it as one criminal case. In cases where a civilian has committed a crime related to military confidentiality together with a soldier or the employee of a military institution, the military sector legal institution shall handle it as one criminal case. In cases where an ordinary civilian or a railway transportation sector employee has committed a crime related to munitions confidentiality together with an employee of a munitions institution, the munitions sector legal institution shall handle it as one criminal case. In cases where a railway transportation sector employee and an ordinary civilian together have committed a crime of violating the order of railway transportation, the railway transportation sector legal institution shall handle it as one criminal case.
Article 92 (Requirements to Keep in Combining Different Crimes Committed by One Person)
In cases where one person alone has committed different crimes where he or she lives or in different areas and the cases must be combined, the legal institution that is treating the criminal suspect, the criminal, the defendant, or the accused shall handle it as one criminal case. In cases where some of the crimes are included in the jurisdiction of a higher legal institution or included in the jurisdiction of a military legal institution, munitions sector legal institution, railway transportation sector legal institution, or the safety and defence institution, the higher legal institution or the military legal institution, munitions sector legal institution, railway transportation sector legal institution, or the safety and defence institution shall handle it as one criminal case.
Article 93 (Combination Process of Criminal Cases)
In cases where criminal cases are combined, the decision and ruling is made for combining the cases and they shall be treated as one criminal case. In this case, the prosecutor shall be informed.
Article 94 (Reasons for Dividing a Criminal Case)
In cases where it is unreasonable to handle a criminal case where several people have committed a crime together as one case because some of the criminal suspects, criminals, defendants or accused have absconded, or some are ill with a temporary mental illness or serious illness and the handling of the other criminal suspects, criminals, defendants or accused cannot be postponed until the illness is cured, or the jurisdictions are different, a detective, investigator, prosecutor, judge or first instance Court may divide that case.
Article 95 (Division Process of Criminal Case)
In cases where it is wished to divide a criminal case, the decision and ruling is made for dividing the cases and a relevant case record is drafted. In this case, the prosecutor shall be informed. The process for handing over the divided criminal case to the legal institution with jurisdiction shall follow Article 152 of this law.
SECTION IX: DISCONTINUANCE OF CRIMINAL ACTIONS AND DISMISSAL OF CRIMINAL CASES
Article 96 (Reasons for Discontinuance of Criminal Actions)
In cases where the defendant or accused has fallen ill with a temporary mental illness or serious illness or absconds and the criminal case cannot continue to be handled, the criminal action will be discontinued. The analysis of mental illness or serious illness shall be done by the institution concerned.
Article 97 (Process for Discontinuance of Criminal Actions)
In cases where a reason from Article 96 of this law exists, an investigator, prosecutor, judge or court shall handle it in the following way:
1. An investigator shall make the decision to discontinue the preliminaries with the approval of a prosecutor.
2. A prosecutor makes the decision to discontinue the indictment.
3. A judge or court shall make the ruling to discontinue the trial.
Article 98 (Process for Medical Procedures)
In cases where the defendant or accused has fallen ill with a temporary mental illness or serious illness, a decision or ruling about applying medical procedures shall be made according to numbers 2 and 3 of Article 99 of this law. In this case, the prosecutor must soon be informed.
Article 99 (Types of Medical Procedures)
The types of medical procedures are the following:
1. Medical procedures for a mental illness patient who cannot recover
2. Medical procedures for a temporary mental illness patient
3. Medical procedures for a person who has fallen ill with a serious illness
Article 100 (Duties of a Person who Receives Medical Procedures)
The duties of a person who receives medical procedures are the following:
1. He or she must not leave the area pointed out in the written decision or ruling without approval.
2. He or she must dedicate himself or herself wholly to his or her medical treatment.
3. He or she must not do acts that interfere with the investigation or hearing of the criminal case such as destroying evidence.
4. He or she must not do acts that violate the law.
Article 101 (Choice of Guarantor)
In a case where an investigator, prosecutor, judge or court orders medical procedures for a defendant or accused, 2 guarantors shall be assigned. In this case, a letter of guarantee shall be received from the guarantor.
Article 102 (Duties of a Guarantor)
The duties of a guarantor for a person who receives medical procedures shall be the following:
1. He or she must control the person who receives medical procedures to adhere to the duties provided for under Article 100 of this law.
2. In cases where the person who receives medical procedures has violated the duties provided for under Article 100 of this law, he or she must inform the people’s safety institution in the jurisdictional area without delay.
Article 103 (Notification of Decision for Medical Procedure)
In cases where an investigator, prosecutor, judge or court has made a decision or ruling for a medical procedure, they will inform the person who has received the medical procedure and his or her guarantors of the content of the decision or ruling and the duties to be abided by.
Article 104 (Surveillance of Person who Receives Medical Procedures)
The surveillance of a person who is receiving medical procedures shall be done by a people’s safety institution that has jurisdiction over the area he or she is in. The people’s safety institution with jurisdiction over the area where a person who receives medical procedures is shall be notified of the status of his or her illness, progress of treatment, and any fluctuations by the individual himself or herself, or his or her guarantor, and shall properly confirm the same. The people’s safety institution concerned shall inform the legal institution concerned which imposed the medical procedure in cases where the reason for the medical procedure has disappeared, or the person who receives medical procedures has violated Article 100 of this law.
Article 105 (Revocation or Cancellation of a Discontinuance of Criminal Action)
In cases where the reason for discontinuing the criminal action has disappeared or a person who receives medical procedures has violated Article 100 of this law, a decision or ruling shall be made to revoke or cancel the discontinuance of the criminal action and the handling of the criminal case shall continue. In this case, the prosecutor shall be informed.
Article 106 (Reason for Dismissal of Criminal Cases)
In cases where the following reasons exist, criminal liability shall not be inquired into, and in cases where they have appeared after criminal liability has been inquired into, the criminal case shall be dismissed.
1. In cases where it is the act of a person who has not reached the age of 14 years old;
2. In cases where the act committed is not a crime;
3. In cases where the time limit for criminal prosecution has passed;
4. In cases where the imposition of penalty has been waived by special pardon;
5. In cases where the act already has a final judgment or findings;
6. In cases where sufficient evidence has not been obtained to hand over the defendant over to trial within the date fixed for preliminaries provided for under this law;
7. In cases where the criminal suspect, criminal, defendant or accused has died; or
8. In cases where he or she has committed a crime in a state of mental illness, or is suffering from an incurable mental illness after committing the crime.
Article 107 (Reason for Divided Dismissal of Criminal Case)
In a criminal case committed by several people together, in a case where some of the criminals appear to have reasons under Article 106 of this law, the criminal case shall be divided and dismissed.
Article 108 (Form of Dismissal and Process of Criminal Case)
In cases where reasons in Article 106 of this law exist, a detective, investigator, prosecutor, judge or court shall handle it in the following way:
1. A detective shall make a decision to cancel the investigation and inform the prosecutor.
2. An investigator shall make a decision to dismiss the criminal case and receive the approval of the prosecutor.
3. A prosecutor shall make a decision to dismiss the criminal case.
4. A judge or court shall make a ruling to dismiss the criminal case and shall inform the prosecutor.
Article 109 (Notification of Dismissal of Criminal Case)
A detective, investigator, prosecutor, judge or court that has cancelled or dismissed a criminal case shall inform the reporter, victim, defendant or accused about it.
Article 110 (Medical Procedures in the Case of Dismissal of Criminal Case)
In cases where a detective, investigator, prosecutor, judge or court cancels or dismisses the criminal case, they must make a decision or ruling of medical procedure according to number 2 of Article 99 of this law. In this case, a detective or investigator shall receive the approval of a prosecutor.
Article 111 (Treatment of Arrested and Exhibits in a Dismissed Criminal Case)
In cases where an investigation or preliminaries have been cancelled or the criminal case has been dismissed, the criminal suspect, criminal, defendant or accused in custody or detention shall soon be released. In this case, the treatment of exhibits shall follow Article 44 of this law.
Article 112 (Treatment of Property for Damage Compensation and Held as Security in a Dismissed Criminal Case)
A detective, investigator, prosecutor or court which cancels an investigation or preliminaries or dismisses the criminal case shall confiscate goods that cannot be returned to the victim from property held as security and shall attach the basis document to the case record. In cases where it is recognised that the claim for damage compensation should be resolved, the claimant for compensation shall be informed that he or she can lodge a civil action. In cases of the foregoing paragraph, the period to liquidate confiscated property may be prolonged by 1 month. That content shall be stated in the written decision to cancel the investigation or preliminaries, the written decision to dismiss the case, the ruling or the judgment.
Article 113 (Cancellation of Dismissal of Criminal Case)
In cases where it is recognised that the dismissal of the criminal case was incorrect, a detective, investigator, prosecutor, judge or court shall make a decision or ruling to cancel it. In this case, the prosecutor shall be informed. The reporter and victim shall be informed about the cancellation of the dismissal of the criminal case.
Article 114 (Legal Effect of Cancellation of Dismissal of Criminal Case)
In cases where the dismissal of a criminal case has been cancelled, acts already conducted and evidence already collected in the action shall have legal effect and that handling of the case shall continue.
SECTION X: SOCIAL EDUCATION PROCEDURES
Article 115 (Reasons to Impose Social Education Procedures)
The cases where social education procedures are imposed shall be the following:
1. In cases where a person who is aged more than 14 years old but has not reached the age of 17 years old has committed a crime; or
2. In cases where it is recognised that re-education is possible without imposing a penalty.
Article 116 (Process for Imposition of Social Education Procedures)
In cases where there is a reason under Article 115 of this law, the prosecutor, judge or court may handle it in the following ways:
1. A prosecutor shall receive the approval of a higher Public Prosecutors Office to make a decision to impose social education procedures on a defendant.
2. A judge or court can make a ruling or judgment to impose social education procedures.
Article 117 (Treatment of a Person who Receives Social Education Procedures)
In cases where a decision, ruling or judgment to impose social education procedures has been made for a defendant or accused in detention, he or she shall soon be released.
Article 118 (Treatment of Exhibits and Property for Damage Compensation and Held as Security in Cases Where Social Education Procedures are Imposed)
In cases where social education procedures are imposed, the treatment of exhibits and property for damage compensation and held as security shall follow Article 44, Article 112 and Article 348 of this law.
Article 119 (Status of a Person who Receives Social Education Procedures)
A person who receives social education procedures shall be recognised as a person who has not committed a crime.
Article 120 (Person in Charge of Education for a Person who Receives Social Education Procedures)
The institution, enterprise or organization a person is affiliated with, or the town in which he or she resides, shall be responsible for education for a person who receives social education procedures. For minors, they shall also be responsible for his or her parents.
Article 121 (Reason for Cancellation of Social Education Procedures)
In cases where a person who is receiving social education procedures has committed a new crime within the period stipulated by the law or when a hidden crime is revealed, the social education procedures imposed on him or her are cancelled and criminal liability shall be imposed. In this case, the crime for which the social education procedures were received shall also be calculated together.
Article 122 (Process for Cancellation of Social Education Procedures)
In cases where a reason under Article 121 of this law exists, a prosecutor, judge or court shall cancel the social education procedure and return the criminal case to the investigator or the prosecutor.
SECTION XI: DAMAGE COMPENSATION
Article 123 (Claimant for Damage Compensation)
An institution, enterprise, organization and citizen that has incurred damage because of crime may lodge a claim of damage compensation against a person with the responsibility to compensate it with the investigator, judge, or court that is handling the criminal case. A prosecutor may directly claim damage compensation with the court in the interests of an institution, enterprise, organization or citizen.
Article 124 (Notification of Claim for Damage Compensation)
An investigator, judge or court shall inform institutions, enterprises, organizations and citizens who have incurred damage due to the crime committed by the defendant or accused that they can claim for damage compensation.
Article 125 (Person with the Responsibility to Compensate Damage)
Persons with the responsibility to compensate damage shall be those who are accountable by the acts of the defendant, accused, persons involved in a crime or the criminal if they have caused material damage to property by committing a crime.
Article 126 (Subject of Claim for Damage Compensation)
Damage compensation shall be for material property that has incurred damage as a result of crime.
Article 127 (Form of Claim for Damage Compensation)
Claims for damage compensation can be done orally or written out and submitted. For claims for damage compensation done orally, it shall be stated in a report.
Article 128 (Period for Claim for Damage Compensation)
A claim for damage compensation may be done from the time criminal liability is inquired into against the criminal until the time the hearing on the facts commences. A victim who has not been able to make a claim for damage compensation may make a claim for damage compensation through the process of a civil action.
Article 129 (Hearing of Claim for Damage Compensation)
A claim for damage compensation is heard and resolved together with the criminal trial. However, in cases where the hearing of the claim for damage compensation interferes with the hearing of the trial, they may be heard separately. The dismissal of a claim for damage compensation is done by the court.
Article 130 (Prohibition on Reclaiming a Dismissed Claim for Damage Compensation)
In cases where a claim for damage compensation has been dismissed at a hearing of a criminal trial, it cannot be claimed again. In cases where a claim for damage compensation has also been dismissed in a civil trial, it cannot be claimed again in the court that is hearing the criminal case.
Article 131 (Waiver of Charge on Claim for Damage Compensation)
In cases where compensation is claimed for material damage incurred because of a crime, a fee shall not be charged.
Article 132 (Submission of Damage Compensation Monies)
A detective, investigator, prosecutor, judge or court shall cause the person responsible for compensating damage to deposit the damage compensation monies in a bank concerned and receive a temporary deposit certificate, then shall draft a report of submission of damage compensation monies and attach it to the case record.
CHAPTER III. INVESTIGATION
Article 133 (Duties of Investigation)
The duties of investigation are to identify criminals.
Article 134 (Commencement of Investigation)
A detective who has obtained crime data to investigate shall soon make a decision to commence the investigation that states the basis and shall commence the investigation.
Article 135 (Treatment of Written Decision to Commence the Investigation)
From the time of the decision to commence the investigation, a detective shall send a certified copy of the written decision to the prosecutor within 24 hours. In cases where a prosecutor has received a certified copy of the written decision and there is no basis for the investigation, he or she may cancel the decision to commence the investigation with a decision.
Article 136 (Listening to Statements Required for Investigation)
A detective may request data or statements necessary to identify the criminal from an institution, enterprise, organization, or citizen. In this case, the person making the statement shall be informed that making a false statement will mean the imposition of criminal liability.
Article 137 (Method for Investigation)
A detective may do acts of verification, search, seizure, psychological experiments, identification or confrontation to identify the criminal, and may request an analysis.
Article 138 (Investigation Outside the Jurisdictional Area)
A detective may directly conduct investigations to identify a criminal even outside his or her jurisdictional area. In this case, the prosecutor of that jurisdictional area may surveil him or her.
Article 139 (Request for Investigation)
In cases where a detective is required to conduct an investigation outside of his or her jurisdictional area, he or she may make a request to a detective of the area concerned. A detective who has received a request to investigate shall correctly investigate and report back in time.
Article 140 (Restriction on Collection of Evidence by Detective)
A detective who has identified a criminal may not collect evidence. However, in cases where the collection of evidence cannot be postponed for reasons such as the traces of the crime disappearing or the evidence becoming unable to be obtained, he or she may collect evidence.
Article 141 (Transfer of Investigation of the Case)
In cases where a detective hands over a criminal case for which a decision to open an investigation to another investigating institution according to jurisdiction, he or she shall make the decision to transfer the investigation of the case, inform the prosecutor and hand it over to the investigating institution concerned. In this case, in cases where the criminal suspect or the criminal is in custody, a decision is made to transfer the case and the person. Crime data uncovered during the investigation process that is unrelated to the criminal case shall also be handed over to the investigating institution concerned.
Article 142 (Reasons to Arrest, Search and Seize a Criminal Suspect or Criminal without the Approval of the Prosecutor)
Cases where a detective may arrest a criminal suspect or criminal, search his or her person or residence, and seize exhibits without the approval of the prosecutor are the following:
1. In cases where the criminal has commenced the crime, or has been discovered during the commission or immediately upon committing the crime;
2. In cases where a victim or a person who has seen the crime being committed has detained or pointed out the person said to be the criminal;
3. In cases where traces of having committed the crime have appeared from the person or residence of the criminal suspect;
4. In cases where the criminal suspect or criminal is trying to commit suicide or escape or is being pursued;
5. In cases where the criminal suspect or criminal has no fixed residence.
Article 143 (Treatment of an Arrested Criminal Suspect or Criminal)
In cases where a detective has an arrested criminal suspect or criminal in custody following Article 142 of this law shall make a written decision of custody within 48 hours of the time of arrest, receive the approval of the prosecutor, investigate within 10 days from the day of arrest, and hand him or her over to preliminaries. If the approval of the prosecutor has not been released or if it is not confirmed within 10 days of the day of arrest that he or she is a criminal, he or she shall be immediately released. In cases where a reason under Article 96 of this law has appeared in relation to a person in custody, the custody shall be discontinued, and in cases where there is a reason under Article 105 of this law the discontinuance of the custody shall be revoked or cancelled. In this case, the prosecutor shall be informed.
Article 144 (Treatment of a Criminal Who Will Not Be Placed in Custody)
In cases where a detective does not place an arrested criminal suspect or criminal in custody, he or she shall inform the prosecutor of things like the day of arrest and reason within 48 hours of the time of arrest.
Article 145 (Decision to Hand over a Case to Preliminaries)
A detective who has identified a criminal shall soon make the decision to hand him or her over to preliminaries and shall hand the case over to preliminaries. In this case, a criminal who has escaped or who has no fixed place of residence shall be arrested and handed over to preliminaries.
Article 146 (Surveillance of Investigation)
A prosecutor who is in charge of surveillance of the investigation shall draft a written decision of surveillance. A prosecutor may participate in the investigation of or review the documents in the action of the criminal case he or she is in charge of, and may remedy unlawful investigations or may direct the detective to do required investigations in writing. In cases where the detective has an opinion about the directions of the prosecutor, he or she shall first execute the directions and may raise it with a higher Public Prosecutors Office. A higher Public Prosecutors Office which has received an opinion raised shall resolve it within 3 days.
CHAPTER IV: PRELIMINARIES
SECTION I: DUTIES AND PERIOD OF PRELIMINARIES
Article 147 (Duties of Preliminaries)
The duties of preliminaries are to finalize the defendant and completely and correctly state the full account of the criminal case.
Article 148 (Content to State in the Preliminaries)
In the preliminaries, all facts based on objective evidence that are significant to resolve the criminal case shall be stated without exception, such as the character of the crime the defendant has committed, the motives and the aim, the ways and means of the crime, the degree of the act and its results, and the role and degree of responsibility in committing the crime.
Article 149 (Prohibition on Repeated Investigations)
In cases where the evidence collected during the investigation has been reviewed and confirmed, they may be used at the preliminaries as is. In cases where it is recognised that evidence handed over from the investigation is sufficient for a criminal case where short-term labour may be imposed, the preliminaries shall be closed after conducting only the important acts of the preliminaries such as the decision to commence the preliminaries, the decision to inquire into criminal responsibility, the interrogation of the defendant, and the close of preliminaries.
Article 150 (Period of Preliminaries)
Preliminarie shall be concluded within 2 months of the day the preliminaries of the criminal case commenced. The preliminaries of a criminal case where short-term labour may be imposed shall be concluded within 10 days. Where a prosecutor, judge or court has returned a criminal case, the preliminaries of a case where limited term of reform through labour, life-time term of reform through labour, or the death penalty may be imposed shall be concluded within 20 days, and the preliminaries of a criminal case where short-term labour may be imposed shall be concluded within 7 days.
Article 151 (Prolongation of Period for Preliminaries)
The preliminaries of a particularly complex criminal case for which the preliminaries cannot be concluded within the period in the first paragraph of Article 150 of this law may be done from the day the preliminaries were commenced to after 5 months, under the provisions of the first and second paragraphs of Article 187 of this law. In cases where the preliminaries of a criminal case where short-term labour may be imposed cannot be concluded within the period provided for under the second paragraph of Article 150 of this law due to inevitable reasons, the approval of a prosecutor may be received to prolong it by 5 days.
Article 152 (Transfer of Preliminaries Case)
For a criminal case that is not within his or her jurisdiction, an investigator shall do acts of the preliminaries as urgently required, then inform the prosecutor and make a decision to transfer the case to an investigator at the legal institution with jurisdiction. In this case, if the defendant is in detention, a decision to transfer the case and the defendant shall be made.
Article 153 (Preliminaries outside the Jurisdictional Area)
An investigator may directly do individual acts of the preliminaries outside his or her jurisdictional area for a criminal case where a decision to commence the preliminaries has been made. In this case, a prosecutor of that jurisdictional area may surveil him or her.
Article 154 (Request for Preliminaries)
In cases where there is a need to do individual acts of the preliminaries for a criminal case outside his or her jurisdictional area, an investigator may request an investigator in the jurisdictional area. An investigator who has received a request for preliminaries shall do it correctly and soon report back.
Article 155 (Surveillance of Preliminaries)
A prosecutor may participate in the preliminaries of the criminal case he or she is responsible for, may review the preliminaries records, and may remedy unlawful acts of the preliminaries or direct the investigator in writing to do required acts of the preliminaries in writing. In cases where the investigator has an opinion about the directions of the prosecutor, he or she shall first execute the directions and may raise it with a higher Public Prosecutors Office. A higher Public Prosecutors Office which has received an opinion raised shall resolve it within 3 days.
SECTION II: COMMENCEMENT OF PRELIMINARIES AND INQUIRY INTO CRIMINAL LIABILITY
Article 156 (Commencement of Preliminaries)
An investigator shall make a decision to commence the preliminaries within 48 hours of the time the criminal case was taken over, and commence the preliminaries. An investigator shall inform the prosecutor within 24 hours of the time the decision to commence to preliminaries is made.
Article 157 (Inquiry into Criminal Liability)
In cases where an investigator has sufficiently collected evidence necessary to finalize the defendant, he or she shall make a decision to inquire into criminal responsibility. In this case, a written decision to inquire into criminal responsibility shall be drafted.
Article 158 (Notification of Decision to Inquire into Criminal Responsibility and the Right to Choose Counsel)
An investigator shall inform the defendant of the decision to inquire into criminal responsibility within 48 hours of the time of the decision. In this case, the defendant shall be informed that he or she may choose counsel to receive assistance from, and the same shall be stated in the written decision to inquire into criminal responsibility.
Article 159 (Dispatch of Written Decision to Inquire into Criminal Responsibility)
An investigator shall send a certified copy of the written decision to inquire into criminal responsibility to the prosecutor within 48 hours.
Article 160 (Change, Cancellation, Supplementation of Decision to Inquire into Criminal Responsibility)
In cases where a reason is revealed after an investigator has made a decision to inquire into criminal responsibility to change or cancel articles of law already imposed, or to add a new article of law to impose, he or she shall make a decision about it and send a certified copy of the written decision to the prosecutor.
SECTION III: INTERROGATION OF DEFENDANT
Article 161 (Period for Interrogation of Defendant)
An investigator shall interrogate a defendant within 48 hours of informing the defendant of the decision to inquire into criminal liability.
Article 162 (Hours for Interrogation of Defendant)
Interrogation of the defendant shall be done between 0800 and 2000 hours. In cases where especially required, the defendant may also be interrogated outside the hours provided for in the foregoing paragraph. In this case, it shall be done with the participation of the prosecutor.
Article 163 (Summons and Apprehension of Defendant)
An investigator who wishes to interrogate a defendant who is not in detention at the location of the preliminaries shall send him or her a summons. In cases where he or she does not comply with the summons without a lawful reason, the defendant may be apprehended. The execution of an apprehension shall be done by the investigator according to a decision to apprehend.
Article 164 (Escort of Defendant)
The interrogation of a defendant in detention shall be done by escorting him or her to the location of the preliminaries. The escort of the defendant shall be done by a prison officer at the request of the investigator.
Article 165 (Request to Arrest Defendant)
In cases where a defendant has escaped or has no fixed residence, an investigator shall make a decision to request arrest. The written decision to request arrest shall state data required to find the defendant and shall send it together with the arrest warrant to the investigating institution. An investigating institution that has received a request to arrest shall arrest the defendant and report back.
Article 166 (Prohibition on Coercive Interrogation)
An investigator may not use coercive methods to admit to the crime or induce a statement.
Article 167 (Individualization of Interrogation of Defendant)
In cases where there are several defendants, an investigator shall ensure they cannot link with each other and shall interrogate a defendant in a location where the other defendants are not.
Article 168 (Notification of Rights of the Defendant)
An investigator who is interrogating a defendant must first confirm his or her identity and inform the defendant of his or her rights.
Article 169 (Rights of the Defendant)
The rights of the defendant at the preliminaries are the following:
1. In cases where he or she cannot admit to the crime pointed out in the written decision to inquire into criminal responsibility, he or she may raise an opinion.
2. In cases where he or she cannot admit to the crime the investigator is interrogating for, he or she may directly disprove it or may request that it be correctly investigated and explained.
3. He or she may raise the exchange of persons involved in the action, including the investigator.
4. He or she may directly write his or her statement in the interrogation report or may request the amendment, deletion or supplementation of the content of the interrogation report.
5. In cases where he or she recognises that his or her rights have been violated, he or she may raise an opinion with the prosecutor.
Article 170 (Statement of the Defendant and Questions of the Investigator)
In cases where an investigator is interrogating a defendant, the investigator shall first cause him or her to speak about whether he or she admits to the inquiry into criminal liability and the crime, and shall ask questions as required.
Article 171 (Participation of Scribe and Observer in the Interrogation of the Defendant)
A scribe shall participate in the interrogation of the defendant. An investigator may assign 2 observers to the interrogation of the defendant as necessary.
Article 172 (Interrogation of Defendants Who Do Not Know Korean or are Mute or Deaf)
In cases where an investigator interrogates a defendant who does not know Korean, an interpreter shall be assigned, and in cases where a defendant who is mute or deaf is interrogated, a person who can interpret his or her intentions shall be assigned. In this case, the interpreter shall be informed that if they consciously interpret wrongly, they shall bear criminal liability. In cases where an interpreter has participated in the interrogation, that fact shall be stated in the report.
Article 173 (Drafting Report of Interrogation of Defendant)
In cases where a defendant has been interrogated, an interrogation report shall be drafted. In the interrogation report the things the defendant says relating to the crime shall be written as is. The defendant may directly write the content of the statement into the report as necessary.
Article 174 (Confirmation of Content of Report of Interrogation of Defendant)
When the interrogation of the defendant is concluded, the investigator shall cause the defendant to read over the report or shall read it to him or her and then ask whether what he or she has said has been correctly written in the report. In cases where the defendant applies to amend, delete or supplement the report, it shall be fixed if proper and denied and stated in the report if unfair. The interrogation report shall have stamped the defendant’s thumbprint. In cases where the defendant states that he or she will not stamp his or her thumbprint on the interrogation report, that fact shall be stated in the report.
SECTION IV: ARREST AND AND DETENTION MEASURES
Article 175 (Aim of Arrest and Detention)
An investigator may arrest or detain a defendant to stop him or her from evading the preliminaries or the trial, or from interfering with the investigation of a criminal case.
Article 176 (Prohibition on Unlawful Arrest and Detention)
A person may not be arrested or detained by using a process not provided for under law or by not following the process provided for under law. In cases where a prosecutor has discovered a person who has been unlawfully arrested and detained, he or she shall release him or her.
Article 177 (Period of Arrest and Detention)
Arrest and detention shall be applied after the decision to inquire into criminal responsibility. In especially necessary cases, a detective or investigator may receive the approval of a prosecutor, and arrest and detain before the decision to inquire into criminal responsibility. In this case, a decision to inquire into criminal responsibility shall be made within 10 days and if it has not been done the detention shall be revoked.
Article 178 (Reason for Arrest and Detention in Custody)
Arrest and detention in custody may only be applied in cases where it is recognised that a defendant liable to limited term of reform through labour, life-time term of reform through labour, or the death penalty may evade the preliminaries or the trial, or may interfere with the investigation of a criminal case. For defendants to whom short-term labour may be imposed, arrest and detention in custody may only be applied in especially necessary cases. For pregnant defendants, detention in custody may not be applied in the period from 3 months before childbirth and 7 months after childbirth.
Article 179 (Person in Charge of Arrest)
Arrest shall be done by the detective or investigator. Arrests may not be carried out without an arrest warrant.
Article 180 (Application to Issue an Arrest Warrant and Issue of Arrest Warrant)
An investigator who wishes to arrest and detain in custody a defendant who is not in custody must send an application to issue an arrest warrant to the prosecutor and receive his or her approval. The approval of the prosecutor shall be done by means of issuing the arrest warrant.
Article 181 (Process of Arrest and Detention)
In cases where a criminal is intended to be arrested and detained in custody, a certificate confirming identity and an arrest warrant must be produced to him or her, and a certified copy of the written decision to detain in custody shall be sent to the institution that is to detain the criminal. In cases where a criminal in custody is intended to be detained in custody, a written decision to detain in custody with the approval of a prosecutor shall be produced to him or her, and a certified copy of the written decision to detain in custody shall be sent to the institution that is to detain the criminal.
Article 182 (Notification of Arrest and Detention)
In cases where a decision has been made to arrest and detain, the defendant shall soon be informed, and his or her family or affiliated group shall be informed of the reason for the arrest and detention and the place of detention within 48 hours of the time of arrest and detention
Article 183 (Types of Detention)
The types of detention are the following:
1. Detention in custody
2. House arrest
3. Area arrest
Article 184 (Drafting Written Decision for Detention)
An investigator who wishes to detain a defendant must make a written decision stating the articles of criminal law applied to the defendant and the reasons for detention.
Article 185 (Approval of Decision for Detention Measures)
A decision to detain may be executed only with the approval of the prosecutor. A prosecutor may direct the investigator in writing to make the decision to detain, or cancel or fix a decision to detain.
Article 186 (Period of Detention)
The period in custody of a defendant for preliminaries may not exceed 2 months.
The period in custody of a defendant for preliminaries in a case where short-term labour may be ordered may not exceed 10 days.
For cases that have been returned by a prosecutor or court, the period in custody of a defendant for preliminaries may not exceed 20 days, and the period in custody of a defendant for preliminaries in a criminal case where short-term labour may be ordered may not exceed 7 days.
Article 187 (Prolongation of Detention Period)
For complex criminal cases for which the preliminaries cannot be concluded within the period provided for under the first paragraph of Article 150 of this law, a city (or district) or county investigator or a province (or municipality directly under central authority) investigator may receive the approval of the Prosecutor General of the Province (or Municipality Directly under Central Authority) Public Prosecutors Office, and a central investigator may receive the approval of Supreme Public Prosecutors Office to extend the defendant’s period of detention by 1 month. For especially complex criminal cases where the period of detention must be extended, the period of detention of the defendant may be extended by 2 months by receiving the approval of the Prosecutor General of the Supreme Public Prosecutors Office. For criminal cases for which short-term labour can be applied, complex criminal cases for which preliminaries cannot be concluded within the period provided for under the second paragraph of Article 150 of this law may have the period of detention of the defendant extended by 5 days with the approval of the prosecutor.
Article 188 (House Arrest)
House arrest shall be done in cases where it is recognised that it is not appropriate to detain the defendant in custody for circumstances such as illness or pregnancy. In this case, a written decision for house arrest which has received the approval of a prosecutor shall be produced to the defendant, more than 2 guarantors shall be assigned, and a letter of guarantee stating that the defendant shall be sent at any time according to the request of the investigator or the court shall be received from the guarantors.
Article 189 (Area Arrest)
Area arrest is done so that an investigator or court may call defendants of criminal cases where limited term of reform through labour or short-term labour may be imposed at any time in cases where he or she is necessary. In this case, a written decision for area arrest which has received the approval of a prosecutor shall be produced to the defendant and a written oath shall be received.
Article 190 (Revocation or Change of Decision to Detain)
An investigator may revoke or change the kind of detention at any time during the preliminaries process with a decision for which the reasons are stated, after receiving the approval of the prosecutor.
SECTION V: INSPECTION AND PSYCHOLOGICAL EXPERIMENTS
Article 191 (Aim of Inspections and Examinations)
An investigator shall investigate the crime scene and discover evidence, shall inspect the crime scene or exhibits to secure the characteristics of exhibits, and shall conduct examinations to discover traces or characteristics from human bodies related to criminal cases.
Article 192 (Types of Inspections)
Types of inspections are the following:
1. Inspection of the scene
2. Inspection of exhibits
3. Inspection of deceased persons
4. Inspection of living persons
Article 193 (Inspection of Exhibits at the Crime Scene)
Goods and documents discovered or seized at the scene of the crime shall be inspected at the scene. In cases where the the period for inspection takes a long time or is especially necessary, an exhibit may be moved to another place and inspected.
Article 194 (Consent for Inspection)
In cases where necessary for the inspection, a grave may be dug up or goods destroyed with the consent of the owner. Even in cases where the consent of the owner cannot be obtained, acts necessary for inspection may be done.
Article 195 (Drafting of Written Decision for Examination and Written Decision to Request an Examination)
In cases where an inspection is intended, a written decision for examination shall be made. In times when another person who is not a detective or investigator is requested for an examination, a written decision to request an examination shall be drafted.
Article 196 (Time for Inspection and Examination)
Inspections and examinations shall be done during the day. In urgent cases, inspections and examinations may also be done at night.
Article 197 (Production of Written Decision for Examination)
A person doing the examination shall produce a certificate confirming identity and the written decision for examination or the written decision to request an examination to the person to receive the examination.
Article 198 (Attendance at Inspections and Examinations)
2 observers shall be assigned at inspections and examinations. Attendance at an inspection for a woman shall be by women.
Article 199 (Participation of Expert Witness at Inspection)
In especially necessary cases, an expert witness may participate in an inspection.
Article 200 (Drafting of Inspection or Examination Report)
In cases where an inspection is conducted, a report shall be drafted. The state and characteristics at the time of the inspection or examination, and the results of the inspection and examination, must be written in the report, and a rough map and photos may be attached. In cases where another person other than the detective or investigator conducted the examination, he or she shall make the examination report.
Article 201 (Reasons for Psychological Experiments)
Psychological experiments may be conducted to review and confirm the possibility of a certain act witnessed or heard occurring, and the possibility whether the result could have occurred according to that cause.
Article 202 (Requirements to be Abided by in Psychological Experiments)
Requirements to be abided by in psychological experiments are the following:
1. It must be conducted at the same place, hour, environment and conditions as at the time of the act or phenomenon to be reviewed and confirmed;
2. 2 observers must be assigned and it must be conducted several times;
3. The will of the investigator shall not be forced upon or told to the participants in the psychological experiment.
Article 203 (Reasons to Prohibit Psychological Experiments)
In cases where there is a danger that a person’s health, life or character, or the property of the State or social, cooperative organizations or a citizen will be violated, a psychological experiment may not be conducted.
Article 204 (Drafting a Psychological Experiment Report)
In cases where a psychological experiment has been conducted, a report shall be drafted. In the report shall be stated the guarantee of the conditions, the process for the psychological experiment, and the results for the psychological experiment.
SECTION VI: ANALYSIS
Article 205 (Reasons for Analysis)
An investigator shall request an analysis in cases where specialist scientific and technical knowledge is necessary for the investigation of a criminal case. Abnormal corpses, degrees of injuries sustained on the person, witnesses who have symptoms of mental illness and the mental state of the criminal must be compulsorily analysed.
Article 206 (Types of Analysis)
Things such as forensic medicine analysis, forensic psychiatry analysis, forensic chemistry analysis, trace analysis, handwriting analysis, ballistics analysis, technical analysis, accounting analysis and character analysis are included in analysis.
Article 207 (Analysis Institution)
Analysis shall be conducted by the specialist analysis institution of the State. In cases where there are no specialist analysis institutions, an analysis may be requested from a person who possesses State qualifications or specialist knowledge in that sector
Article 208 (Request for Analysis)
In cases where an analysis is request, a written decision to request an analysis shall be sent to an analysis institution or the expert witness. In the written decision to request an analysis shall be stated the content to be explained, data required for analysis, the duties of the expert witness, and that criminal liability shall be imposed if false expert testimony is given. In cases where analysis is requested, data required for the analysis is to be given together to the expert witness.
Article 209 (Compulsory Performance of a Request for Analysis)
An institution or expert witness that has been requested for an analysis shall compulsorily conduct the analysis, and must comply in time with the request of the institution which has requested the analysis.
Article 210 (Drafting and Report Back of the Analysis Report)
When an expert witness has concluded an analysis, he or she must make an analysis report and send it soon to the institution that requested the analysis. The analysis report must reflect the facts revealed by the analysis as is. In cases where the analysis results of several expert witnesses are different for the same issues, analysis reports shall be drafted individually.
Article 211 (Rights of an Expert Witness)
An expert witness may request data required for the analysis from the institution that has requested the analysis, or may request a specialist worker concerned to be provided.
Article 212 (Notification of Expert Witness)
In cases where an analysis is requested, the defendant or accused shall be informed of whom the analysis has been requested.
Article 213 (Interrogation of Expert Witness)
In cases where an investigator who has requested an analysis notes that there are things which are unclear in the analysis or has questions about the analysis report, or in cases where the analysis results of different expert witnesses are different from each other, expert witnesses may be interrogated. In cases of the foregoing paragraph, Article 232 and Article 233 of this law shall be followed.
Article 214 (Reanalysis)
In cases where the analysis did not correctly reveal the facts or where there are questions about the analysis results, an analysis shall be conducted again, or another expert witness may be requested to conduct the analysis, with a decision for which the reasons are stated
SECTION VII: SEARCH AND SEIZURE
Article 215 (Aims and Reasons of Search and Seizure)
Search and seizure is done to discover the criminal and uncover the crime. Search may be done in cases where there is sufficient basis to recognise that a criminal is hiding or there are goods or documents necessary to uncover the crime, and seizure may be done in cases where a request to present goods or documents significant for resolving a crime is not complied with.
Article 216 (Approval of Search and Seizure)
Search and seizure shall be done under the approval of a prosecutor. An investigator who wishes to search and seize shall make a written decision for search and seizure and shall receive the approval of the prosecutor.
Article 217 (Production of Written Decision for Search and Seizure)
An investigator shall produce to the person the subject of the search and seizure a certificate confirming identity and the written decision for search and seizure.
Article 218 (Organization of Security of Place to be Searched)
Security may be assigned with the necessary members at the place to be searched.
Article 219 (Time for Search and Seizure)
Search and seizure shall be done during the day. In urgent cases, search and seizure may also be done at night.
Article 220 (Attendance at Search and Seizure)
In cases where search and seizure are conducted, 2 observers shall be assigned. In cases where goods or documents of an institution, enterprise or organization are searched and seized, a representative of the institution, enterprise or organization concerned, and in the case of search of the body of a woman, a woman shall be in attendance.
Article 221 (Search and Seizure According to Diplomatic Protocol)
In cases where the building or home of a mission of a foreign country stationed in our country is to be searched in relation to the detection of a crime or criminal, or goods or documents are to be seized, diplomatic protocol shall be followed. In this case, a prosecutor shall participate, and a foreign affairs worker and a representative of the mission concerned shall be in attendance.
Article 222 (Subject of Seizure and Method)
Seizure shall only be done for goods and documents related to crime. In this case, an inventory of seized goods shall be made and attached to the case record, and the person whose goods have been seized shall be given a certified copy of the inventory of seized goods.
Article 223 (Drafting of Search and Seizure Report)
In cases where search and seizure has been conducted, a report shall be drafted. In the report shall be stated the location, state, characteristics, amount, and opinions provided about the goods and documents found in the search and seizure process.
SECTION VII: INTERROGATION OF WITNESSES
Article 224 (Reasons for Becoming a Witness)
A person may be a witness if he or she has heard, seen or perceived something about the criminal case concerned.
Article 225 (Rights of a Witness)
A witness shall be protected from intimidation or coercion in interrogation and may directly write his or her statement into the report or may request that the report be amended, deleted, or supplemented.
Article 226 (Duties of Witnesses)
A witness must come in time if called by the investigator. A witness must state as is the facts he or she knows about the crime, and must correctly reply to the investigator’s questions.
Article 227 (Location of Interrogating Witness)
The interrogation of a witness shall be done where he or she is. A witness may be summoned to be interrogated as necessary.
Article 228 (Summons and Apprehension of Witness)
In cases where a witness is to be interrogated at a given location, a summons shall be sent. A witness who does not come without a lawful reason may be apprehended. The execution of the apprehension shall be done by the investigator according to the decision to apprehend.
Article 229 (Interrogation of Witnesses Who Do Not Know the Korean Language, and of Witnesses who are Mute or Deaf)
In cases where a person who does not know the Korean language, a mute person or a deaf person are being interrogated as witnesses, the process in Article 172 of this law shall be followed.
Article 230 (Individualization of Interrogation of Witnesses)
Interrogation of witnesses shall be done individually in a place where there are no other witnesses.
An investigator shall not allow the witnesses to the same crime to link with each other until the interrogation of the witness is concluded.
Article 231 (Interrogation of a Witness who Has Not Reached the Age of 14 Years Old)
In cases where a person who has not reached the age of 14 years old is being interrogated as a witness, a protector shall be in attendance other than a teacher, parent or guardian.
Article 232 (Process for Interrogating a Witness)
An investigator who interrogates a witness shall first confirm the identity of the witness and his or her relationship with the defendant or the victim, then explain the reasons for the interrogation and the rights and duties of the witness, and shall inform him or her that if he or she lies in relation to the crime, criminal liability shall be imposed on him or her. An investigator shall first make the witness talk about the facts about the crime that he or she knows, then may ask necessary questions after his or her statement is concluded.
Article 233 (Drafting a Witness Interrogation Report)
In cases where a witness has been interrogated, a report shall be drafted following Article 173 and Article 174 of this law.
SECTION IX: CROSS-EXAMINATION AND IDENTIFICATION INTERROGATION
Article 234 (Reasons for Cross-Examination)
In cases where the fundamental distinctions appearing from the words of different people making a statement about the same crime cannot be explained by other means, cross-examination shall be done.
Article 235 (Requirements to be Kept at Cross-Examination)
An investigator who wishes to cross-examine shall not inform the person making a statement of the issue to be explained in advance, shall not allow them to collude with each other or receive the intimidation or influence of false statements of another person making a statement to make a statement against his or her will, and shall cause him or her to state the facts raised as they are.
Article 236 (Questions to Reveal Differences)
When the statement of a person produced for interrogation is concluded, an investigator shall ask questions necessary to reveal differences and shall cause him or her to answer.
Article 237 (Guarantee of Right to Inquire about the Statement of the Other Party)
An investigator shall reveal to a person produced for interrogation anything to be revealed from the words of the other party, and shall allow him or her to ask things he or she wishes to ask. In this case, the approval of the investigator shall be received.
Article 238 (Drafting Cross-Examination Report)
In cases where cross-examination has been done, a report shall be drafted following Article 173 and Article 174 of this law.
Article 239 (Aim and Requirements of Identification Interrogation)
Identification interrogation is done to identify a person or object that is related to resolving a criminal case. An identification interrogation shall be done by means of simultaneously showing the identifier several people or several objects that are similar to the target of the identification.
Article 240 (Discovery Ahead of Time of Characteristics of the Target of the Identification, and Confirmation of Method of Identification)
The investigator shall, before showing the target of the identification, ask the identifier in detail the characteristics of the target that he or she knows of, and shall state this in the report. The identifier shall be asked which characteristics he or she relied upon to identify the person or object during the identification process, and this shall be confirmed.
Article 241 (Attendance at Identification Interrogation)
2 observers shall be in attendance at the identification interrogation.
Article 242 (Drafting Report of Identification Interrogation)
In cases where an identification interrogation has been done, a report shall be drafted. In the report shall be truthfully stated standard language that criminal liability shall be imposed if a false statement is made in cases where the identifier is a witness, standard language about having asked about the characteristics known to the identifier before showing the target of the identification, and the response to that standard language, and the process and results of the identification. The identifier may directly write what was identified into the report as necessary.
SECTION X: CONFISCATING PROPERTY FOR LIQUIDATION
Article 243 (Aim of Confiscating Property for Liquidation)
An investigator handling a criminal case for which confiscation of property may be imposed shall confiscate property for liquidation for the penalty execution. Confiscating property for liquidation may also be done to compensate property loss of the State, a social, cooperative organization or a citizen incurred by crime.
Article 244 (Subject of Confiscating Property for Liquidation)
Subjects that can have property confiscated for liquidation are the following:
1. The property of a person who has committed a crime for which confiscation of property may be imposed;
2. The property of a person who is accountable to a claim for damage compensation or must take direct material accountability for the defendant’s crime, or of a person involved.
Article 245 (Period for Confiscating Property for Liquidation)
Confiscating property for liquidation shall be done after the decision to inquire into criminal responsibility and the confirmation of the persons to provide compensation, and the beginning of the trial. In especially necessary cases, property may be confiscated for liquidation regardless of the foregoing paragraph.
Article 246 (Scope of Confiscating Property for Liquidation)
Confiscating property for liquidation shall be done using things that have property value. In this case, the amount shall be the amount for which a claim for damage compensation is lodged, or the amount of property to be confiscated.
Article 247 (Decision to Confiscate for Liquidation)
An investigator who wishes to confiscate for liquidation shall make a decision stating the reasons. A decision shall be done by means of drafting a written decision to confiscate for liquidation.
Article 248 (Production of Written Decision to Confiscate for Liquidation and Attendance)
An investigator who confiscates the property for liquidation shall produce a certificate confirming identity and a written decision to confiscate property for liquidation to the person having their property confiscated, and 2 observers shall be in attendance.
Article 249 (Drafting a Property Confiscation for Liquidation Report)
An investigator who has confiscated the property for liquidation shall make a property confiscation for liquidation report and 2 copies of an inventory of property and shall give one of those copies to the person who stores the property. The person who stores the property shall be informed that if property confiscated for liquidation is disposed of, criminal liability shall be imposed.
Article 250 (Revocation or Cancellation of Period to Liquidate Confiscated Property)
After property is confiscated for liquidation, if it is no longer necessary or there is conclusive evidence that it is incorrect, an investigator shall revoke or cancel the decision.
Article 251 (Treatment in Cases where Property has Not Been Confiscated for Liquidation)
In cases where confiscation for liquidation cannot be done because there is no property, a report shall be drafted stating that reason.
Article 252 (Treatment of Property that Is Rotten or Has Spoiled)
Of property that has been confiscated for liquidation, goods that may rot or spoil shall be handed over to the institution concerned after making a decision that states those reasons. In this case, the written decision and the confirmation document received from the institution concerned shall be attached to the case record.
SECTION XI: CLOSE OF PRELIMINARIES
Article 253 (Reasons for Closing Preliminaries)
An investigator shall close preliminaries in cases where it is recognised that all facts significant for uncovering the full account of a criminal case and the crime have been completely and correctly uncovered, and that evidence that proves it has been sufficiently collected to hand the defendant over to trial.
Article 254 (Process for Closing Preliminaries)
An investigator who wishes to close the preliminaries shall inform the defendant that the preliminaries are to be closed, and shall show him or her the record relating to the trial and ask him or her whether he or she would like to apply for anything. In cases where the application of the defendant is lawful, the preliminaries shall continue, and in cases where it is unfair it shall be refused.
In cases where preliminaries were continued based on the application of the defendant, the record relevant to that part shall be shown to him or her.
Article 255 (Participation of Prosecutor in Close of Preliminaries)
The close of preliminaries shall be done with the participation of a prosecutor.
Article 256 (Drafting of Report of Close of Preliminaries)
Once the investigator has closed preliminaries, he or she shall draft a report. In the report of close of preliminaries shall be stated things such as the name of the defendant, the day and time of closure, standard language showing the case record, and standard language treating any opinions raised.
Article 257 (Decision to Hand a Case over to a Prosecutor)
An investigator shall make a decision to hand the case over to a prosecutor soon after closing the preliminaries and shall hand over the case record and exhibits to the prosecutor. In this case, a written decision attaching exhibits shall be drafted and attached to the case record.
Article 258 (Lodgement of Opinion and Treatment by Prosecutor for Violation of Rights)
In cases where a witness, expert witness, interpreter, translator, interpreter, observer, defendant or guarantor of a defendant finds out that his or her rights have been violated, he or she may raise an opinion with the prosecutor within 7 days from that day. A prosecutor who has received an opinion shall handle it within 3 days and inform him or her of the results.
Article 259 (Treatment of Investigator or Prosecutor for Opinion on Violation of Rights)
In cases where an investigator or prosecutor has received an opinion raised under the first paragraph of Article 258 of this law, he or she must add an opinion within 48 hours and send it to the Prosecutor General. In this case, the preliminaries or surveillance shall continue until there is a decision of the Prosecutor General.
CHAPTER V. INDICTMENT
Article 260 (Duties of Indictment)
The duties of indictment are to review in totality a case record that has closed preliminaries, and in cases where it is recognised that the full account of the crime has been completely and correctly revealed at the preliminaries, to hand the criminal case over to the court.
Article 261 (Period of Indictment)
A prosecutor who has received a case record from an investigator shall make a decision to review the case and shall handle the review within 10 days. However, in cases where it is an especially complex or significant case that cannot be handled and reviewed within 10 days, it may be extended by 5 days. The case record of a crime for which short-term labour may be imposed shall be handled and reviewed within 5 days.
Article 262 (Period of Detention for Indictment)
The period to hold the defendant in detention for an indictment is 10 days. However, in the case of an especially complex or significant case, it may be extended for 5 days. The period of detention for a defendant for whom short-term labour may be imposed is 5 days.
Article 263 (Content to Review in Case Record)
The issues to put at the centre of the case record review are the following:
1. Whether the full account of the crime and all the circumstances significant for resolving the criminal case have been completely and correctly revealed, and whether there is evidence to prove this;
2. Whether the investigation and preliminaries were done according to the requirements and processes provided for under this law;
3. Whether articles of the criminal law were properly applied for admitted crimes.
Article 264 (Indictment of Criminal Cases)
In cases where preliminaries have been conducted sufficiently and properly, a prosecutor shall indict a criminal case at a court. In cases where a criminal case is indicted at a court, the indictment and case record shall be sent together with the exhibits.
Article 265 (Drafting the Indictment)
A prosecutor who wishes to indict a criminal case at a trial shall draft an indictment. On the indictment shall be stated the date of drafting, the position of the drafter, office, name, the name and social status of the defendant, the facts and evidence investigated and positively proven at the preliminaries, circumstances that may be significant for finalizing the criminal responsibility of the defendant and deciding the degree of penalty, the articles of criminal law and articles of criminal procedure law relevant to admitted crimes, and the court in which the indictment is to be brought.
Article 266 (Documents to Be Attached to Indictment)
In the indictment shall be attached documents that state the names and addresses of the defendant, witnesses and expert witnesses who must participate in the trial, the day the defendant was detained (or held in custody) and the place where he or she is detained, exhibits, and standard language for the claim for damage compensation and confiscation of property for liquidation.
Article 267 (Decision to Return Criminal Case to Preliminaries)
In cases where the preliminaries were insufficiently done and a prosecutor cannot indict, he or she shall point out those reasons in writing and return it to the investigator.
Article 268 (Prohibition of Repeated Indictments)
In cases where the relevant evidence was not able to be collected when a court of first instance has sent back a criminal case for the reason that there was insufficient evidence to rule, another indictment may not be issued.
CHAPTER VI. FIRST INSTANCE TRIALS
SECTION 1: DUTIES OF TRIAL AND COMPOSITION OF COURT
Article 269 (Duties of First Instance Trial)
The duties of a first instance trial are to settle the crime and the criminal through the hearing of the trial, and reach a verdict based on legal analysis and evaluation.
Article 270 (Public First Instance Trial)
First instance trials shall be open to the public. In cases where there is a need to keep a State or individual secret, or where a socially negative impact may occur, the whole or a part of the trial may be closed to the public. Even in cases where trials are not open to the public, the delivery of verdict shall be open to the public.
Article 271 (Guarantee of Independence of the Trial)
A court shall be independent at the trial and shall conduct the trial in strict accordance with the law.
Article 272 (Admission of Determined Facts)
Facts determined in a trial that is not a criminal trial shall be admitted as they are in the criminal trial. However, whether the determined facts constitute a crime or not shall be tried and determined at the criminal trial.
Article 273 (Composition of First Instance Court)
A first instance court shall be composed of a judge and 2 People’s Assessors. In special cases, a court is composed of 3 judges. In this case, one of the judges shall be the presiding judge. A judicial clerk shall participate in the first instance trial.
Article 274 (Securing and Substitution of Members of the Court)
The trial of the same criminal case shall be done with the members of the court as originally composed. In cases where members of the court have changed during the trial, the trial shall be done again from the start.
Article 275 (Participation of Prosecutor and Counsel at the Trial)
A trial shall be conducted with the participation of the prosecutor and counsel. In cases where a prosecutor is unable to participate due to special circumstances, or where the accused has abandoned his or her entitlement to the assistance of counsel, a trial may be held even without the participation of a prosecutor or counsel.
Article 276 (Presiding Judge at a Trial)
A presiding judge shall command the activities of the trial and people involved in the trial to correctly reveal the truth of the criminal case and shall control them to thoroughly keep order in the trial.
Article 277 (Prosecutor in the Trial)
A prosecutor at a trial shall expose the crime of the accused and scientifically prove it, and shall surveil whether the trial is being conducted according to the requirements of the law.
Article 278 (Counsel in the Trial)
Counsel in a trial shall ensure that the truth of the criminal case is correctly revealed, the acts of the accused are properly analysed and evaluated, and that his or her legal rights are correctly guaranteed.
Article 279 (Frontlet of the Courtroom, Seating and Wearing of Courtroom Robing)
On the upper part of the centre of the front wall of the courtroom shall be hung the State seal of the Democratic People’s Republic of Korea and under it shall be hoisted the flag of the Democratic People’s Republic of Korea.
The members of the court shall sit at the bench of the courtroom, the prosecutor and counsel, witnesses and accused shall sit under the bench to the left and the right in seats facing each other, and the judicial clerk shall sit under the bench in the middle seat. The members of the court shall wear designated courtroom robes when conducting a trial.
Article 280 (Participation of Accused in the Trial)
The accused shall participate in the trial. An accused who refuses to participate in the trial shall be tried by being apprehended or detained.
Article 281 (Period of Detention for First Instance Trial)
The period to detain the accused for the first instance trial is 25 days. The period to detain an accused who may receive short-term labour is 10 days.
Article 282 (Prohibition on Detaining Accused in Courtroom)
An accused shall not be detained in a courtroom. However, an accused who is insubordinate or attempts to escape may be detained.
Article 283 (Duties of Accused)
An accused at a trial shall reply to questions and may not leave the courtroom without the approval of the presiding judge.
Article 284 (Cases Where a Claim for Damage Compensation is Not Tried)
In cases where a claimant for compensation or his or her legal representative has not participated in the trial, a claim for damage compensation shall not be tried. In this case, a victim may separately claim for damage compensation.
Article 285 (Organization of Onsite Public Trial)
A court may organize a trial on location to awaken the masses and prevent crimes in advance. In this case, a representative of an institution, enterprise or organization may be allowed to expose and denounce the acts of the criminal.
Article 286 (Period for First Instance Trial)
A court of first instance shall conclude a trial within 25 days of the day the case record was received. However, in an especially complex or significant case where a trial may not be concluded within the period for first instance trial, it may be prolonged for 10 days. The trial for an accused who may be given short-term labour shall be concluded within 10 days of the day the case record was received.
Article 287 (Surveillance of Prosecutor in Trial)
A prosecutor shall surveil whether a trial is being correctly conducted according to legal process and requirements by means of participating in the trial or reviewing the trial record, and in cases where he or she has discovered an unlawful act, may raise an opinion with the court. In cases where the opinion of a prosecutor has been received, it shall be resolved by a judge at the preparation for the trial, and the court by ruling at the trial.
SECTION II: PREPARATION FOR TRIAL
Article 288 (Person in Charge of Preparation for Trial)
Preparation for trial shall be done by the judge in charge of the case. A judge who has taken charge of a case shall make a ruling to prepare for trial.
Article 289 (Content to Review in Case Record)
The content to be reviewed at preparation for trial shall be the following:
1. Whether investigation about the crime has been sufficiently conducted at the investigation or preliminaries;
2. Whether the indictment has a basis;
3. Whether articles of criminal law have been properly imposed for admitted crimes;
4. Whether there are any matters where criminal liability of partners in crime to the crime has not been inquired into without basis;
5. Whether the principles and processes provided for under this law have been correctly kept.
Article 290 (Confirmation of Crime Scene and Evidence Materials)
A judge may, to achieve the aims of the trial, go into the field and confirm the crime scene and the evidence. In this case, new evidence may not be collected.
Article 291 (Ruling to Hand Over a Criminal Case to Trial)
In cases where it is recognised that the preliminaries have been sufficiently conducted so that a trial may be conducted, a judge shall make a ruling to hand over a criminal case to trial. In cases where there is no difference in the crime indicted but the articles of the criminal law have been incorrectly applied, the articles of criminal law to be indicted shall be supplemented or changed and the criminal case handed over to trial.
Article 292 (Ruling to Return Criminal Case to Prosecutor)
In cases where the preliminaries have not been sufficiently conducted to the degree that a trial cannot be conducted, or the procedures provided for under this law have been severely violated to the degree that it would impact the judgment, or the indictment has an error of fundamental significance, a ruling shall be made to return the criminal case to the prosecutor.
Article 293 (Ruling to Transfer Criminal Case)
Criminal cases that are not included in the jurisdiction of the court that has received the case record shall have made a ruling to transfer a criminal case.
Article 294 (Content of Ruling to Hand Over to Trial)
In a written decision to hand over a defendant for trial shall be pointed out the date of the trial, location, the name of the criminal case, member composition, witnesses and expert witnesses to participate in the trial, and whether a trial shall be conducted in public or in camera.
Article 295 (Treatment of Opinion of Prosecutor at Preparation for Trial)
In cases where a judge wishes to make a ruling under Article 97, Article 107, Article 108, Article 116, paragraph 2 of Article 291, Article 292, or Article 293 of this law during the preparation for the trial, he or she shall hear the opinion of the prosecutor. Certified copies of a written decision requested by a prosecutor for a complaint shall be sent within 2 days of the day the ruling was made.
Article 296 (Complaint by Prosecutor of Ruling Done in Preparation for Trial)
A prosecutor who has an opinion about a ruling done during the preparation for trial may make a complaint with a higher Court. In this case, Article 360 of this law shall be followed.
Article 297 (Delivery of Certified Copies of Indictment and Written Rulings)
5 days before the trial commences, a judge must send certified copies of the indictment and written rulings to the accused. In cases where a ruling has been made to fix an article of law on the indictment, the legal representative shall be sent a certified copy of the written ruling 5 days before the trial commences
Article 298 (Notification of Trial Date)
5 days before the trial commences, a judge must inform the People’s Assessors, prosecutor, accused, counsel, and claimant for compensation of the trial date and shall send summons to witnesses and expert witnesses. In cases where a witness who must participate in the trial without fail does not come without a lawful reason, he or she shall be apprehended. In cases of the foregoing paragraph, the process for apprehension shall follow Article 228 of this law.
Article 299 (Treatment of Applications and Opinions)
After a defendant has been indicted, all applications and opinions which are raised relating to the criminal case at the preparation of trial stage must be resolved by ruling of the judge who has taken on the case. All applications and opinions raised relating to a trial of a criminal case shall be resolved by ruling of the court.
SECTION III: TRIAL
Article 300 (Process for First Instance Trial)
A first instance trial shall be done by the procedure of commencement of trial, hearing on the facts, addresses and defense, last words of the accused, and the handing down of the judgment.
Article 301 (Commencement of First Instance Trial)
The presiding judge shall inform of the commencement of trial and confirm whether the accused is indeed himself or herself, then shall ask about whether a certified copy of the indictment has been received and the date of custody or detention, and shall inform him or her of the rights and duties of an accused.
Article 302 (Listening to Opinion of Persons Involved in the Case)
The presiding judge shall inform the people involved in the trial about the members of the court, the prosecutor, counsel, judicial clerks, expert witnesses, interpreters and interpreters and ask whether there are any opinions to change them.
Article 303 (Witness Who Has Not Attended, Notification of Expert Witness)
In cases where a witness or expert witness summoned to a trial has not been able to come, the presiding judge shall inform the people involved in the trial of those reasons, shall hear the opinions, shall ask whether there is any new evidence to apply for, and shall make the relevant ruling.
Article 304 (Commencement of Hearing on the Facts)
A presiding judge shall inform that the hearing on the facts shall commence, then shall have the prosecutor read the indictment. In cases where the prosecutor has not been able to participate in the trial, the judicial clerk shall read the indictment.
Article 305 (Admission and Confirmation of Facts on the Indictment)
A presiding judge shall ask the accused whether he or she admits to the facts on the indictment.
Article 306 (Confirmation of Order of Hearing)
A presiding judge shall ask the opinion of the prosecutor or counsel and shall agree with the People’s Assessors to determine the order of the hearing. The order of the hearing determined shall be announced to the courtroom.
Article 307 (Order of Interrogation of Accused)
Interrogation of the accused shall be to first make the accused state his or her crime, then according to the order determined by the court.
Article 308 (Individual Interrogation of Accused)
A court that is trying several accused together may call one of the accused into the courtroom to interrogate as necessary.
Article 309 (Procedure for Accused who Throws the Order of the Trial into Confusion)
An accused who throws the order of the trial into confusion even after receiving a warning from the presiding judge may be sent out of the courtroom by ruling for the hearing of the facts. In this case, the accused shall participate after the hearing of the facts is concluded.
Article 310 (Commencement of Interrogation of Witnesses)
Interrogation of a witness shall be called one at a time into the courtroom according to the order. A presiding judge shall first confirm whether the witness is indeed himself or herself, then shall ask what relationship he or she has with the accused, and must inform him or her that if he or she lies he or she shall bear criminal liability, then shall cause him or her to speak about what he or she knows.
Article 311 (Order of Interrogation of Witnesses)
After the witness concludes giving evidence, a presiding judge shall allow the person who requested his or her interrogation to interrogate him or her first. Once the interrogation of the person pointed out in the first paragraph is concluded, the people involved in the trial shall interrogate the witness with the approval of the presiding judge. A presiding judge shall also give the accused an opportunity to ask questions of the witness.
Article 312 (Re-examination or Cross-examination)
A witness who has already been interrogated may be interrogated again before another witness, or a witness and witness, or a witness and an accused face to face, may be interrogated as necessary.
Article 313 (Treatment of Witness Who Has Been Interrogated)
A witness who has been interrogated may not leave the courtroom before the conclusion of the hearing of the facts. In cases where there are special circumstances, the presiding judge shall listen to the people involved in the trial and may send out the witness who has been interrogated from the courtroom even before the conclusion of the hearing of the facts.
Article 314 (Discontinuation of Interrogation of Witnesses)
In cases where the crime has been correctly revealed in the hearing of the facts, the interrogation of the witnesses may cease.
Article 315 (Participation of Expert Witness in the Trial)
An expert witness may participate in the trial as necessary.
Article 316 (Request for Analysis and Interrogation of Expert Witness)
In cases where specialist scientific and technical knowledge is required in the process of the hearing of the facts, the court may request an analysis. The process for requesting an analysis or interrogating an expert witness shall follow Article 208 to Article 213 of this law.
Article 317 (Re-examination at Trial Hearing)
In cases there is a deficiency or a question about the analysis results, or if the analysis results of several expert witnesses are each different, the court may order another analysis with a ruling.
Article 318 (Review of Exhibits and Documentary Evidence)
A court shall review exhibits and documentary evidence during the hearing on the facts. A prosecutor or counsel may review exhibits and documentary evidence at any time during the process of the hearing on the facts.
Article 319 (Method of Review of Investigation and Preliminaries Report)
A court may review evidence by means of reading the investigation and preliminaries report during the hearing of the facts as necessary.
Article 320 (Confirmation of Inspection of the Scene and Evidence Materials)
To quickly and correctly handle the criminal case, a court may verify the crime scene with the participation of the people involved in the trial, or go onsite to confirm evidence materials. The confirmation of the verification or confirmation of evidence materials in the foregoing paragraph may also be done by the presiding judge with the authorization of the court. In this case, a report shall be drafted and this may only be made the foundation of a judgment or ruling if reviewed at the hearing of the facts.
Article 321 (Collection of New Evidence)
A court that wishes to collect more evidence shall suspend the hearing of the facts and may directly collect evidence with the participation of people involved in the trial. In cases where it is not appropriate to collect evidence directly, the criminal case shall be returned to the prosecutor.
Article 322 (Hearing of Claim for Damage Compensation)
In cases where a criminal case has been correctly revealed during the hearing of the facts, a hearing shall be held on the claim for damage compensation after the hearing of the evidence is concluded. A presiding judge shall confirm the identity of the claimant for compensation and shall cause him or her to state the content of the claim for damage compensation, and then shall make the accused reply.
Article 323 (Close of Hearing on the Facts)
A presiding judge shall ask the prosecutor, counsel or People’s Assessor whether there is anything else to be heard, and shall announce that the hearing on the facts is concluded. In cases where a person is involved who has the responsibility for the education of the accused, or has given him or her the opportunity to commit the crime, and this person has participated in the hearing on the facts, he or she shall be brought forth to find the lesson, and then shall announce that the hearing on the facts is concluded.
Article 324 (Order of Address and Defense)
After the hearing on the facts is concluded, a presiding judge must cause the prosecutor, claimant for compensation, and counsel in order to make an address and defence. A representative of an institution, enterprise or organization that has participated in the trial may also be allowed to speak as necessary.
Article 325 (Content of Address)
An address shall contain content to expose and denounce the crime of the accused, shall scientifically demonstrate the basis to prove guilt, and impose the penalty in the article of criminal law indicted.
Article 326 (Content of Defense)
A defense shall contain content about the conduct of the trial according to the requirements of the criminal procedure law, the legal rights of the accused, the facts of the crime in the indictment and the admission of legal articles in the indictment that have been imposed, the cause and the lesson to be learned from the crime, and shall reveal the degree of rehabilitation of the accused with proper basis, and the consideration of this in the determination of the penalty. In cases where the acts of the accused are recognised as not guilty, the basis for that finding of not guilty shall be correctly revealed.
Article 327 (Supplemental Addresses and Defenses)
A presiding judge may permit a prosecutor, claimant for compensation or counsel if they request a supplementary address or defense.
Article 328 (Foundations of Addresses and Defenses)
Addresses and defenses shall be founded on evidence reviewed and confirmed at the trial hearing.
Article 329 (Last Words of the Accused)
After the addresses and defenses, a presiding judge shall give the accused a final opportunity to speak. In cases where new facts have been raised that are fundamentally significant to the resolution of the criminal case in the last words of the accused, a trial hearing shall be done again for it.
Article 330 (Conclusion of Trial Hearing)
After the last words of the accused are concluded, the presiding judge shall announce that the trial hearing has concluded and shall consult with the People’s Assessors in the agreement room to adopt a judgment
SECTION IV: SUPPLEMENTATION AND CHANGE OF INDICTMENT
Article 331 (Supplemental Reasons in Indictment)
Supplementing the indictment may be done in cases where a new crime is discovered beyond the crimes already indicted for which other articles of the criminal law must be applied to the accused, or where it is recognised that a new crime for which a heavy penalty may be imposed.
Article 332 (Period to Supplement Indictment)
The supplementation of an indictment may be done during the preparation of trial or at trial hearing.
Article 333 (Process for Supplementing Indictment)
A court shall point out the new crime discovered in the written ruling and return it to the prosecutor together with the case record, and in cases when the crime has been revealed but the article of criminal law has not been imposed, the indictment shall be supplemented with the opinion of the prosecutor and the trial hearing shall continue.
Article 334 (Reasons for Changing Indictment)
The changing of an indictment shall be done in cases where it is discovered that there is a new fact to fix the article of criminal law applied to an indicted accused, or where it is recognised that there is no change to the facts of the crime indicted, but that the wrong article of criminal law was applied.
Article 335 (Period for Change of Indictment)
The change of an indictment shall be done during the preparation for trial and the trial hearing. An indictment may also be changed at the appeal or at the emergency appeal.
Article 336 (Process to Change Indictment)
In cases where it is discovered that there is a new fact to fix the article of criminal law applied to an indicted accused to an article where the penalty to be imposed is lighter, or where it is recognised that there is no change to the facts of the crime indicted, but that the article of criminal law must be fixed to one where a penalty may be lightly imposed, the court shall hear the opinion of the prosecutor and fix it with a ruling, then hand down a judgment by continuing the hearing. In cases where there is no change to the facts of the crime indicted, but that the article of criminal law must be fixed to one where a penalty may be heavier, it shall be fixed by a ruling after hearing the opinion of the prosecutor, and the trial hearing may be postponed by up to 10 days following the opinions of the accused and the counsel. In cases where it is discovered that there is a new fact to fix the article of criminal law applied to an indicted accused to an article where the penalty to be imposed is heavier, a ruling shall be made to return the criminal case to the prosecutor.
Article 337 (Treatment of New Criminals or Offenders)
In cases where facts are discovered during the trial hearing that another person who is not the accused must have criminal liability imposed, or have another legal sanction imposed, the court shall hear the opinion of the prosecutor and make a ruling to return the criminal case to the prosecutor and send it to the prosecutor, or may make a ruling to impose another sanction. In this case, a ruling of detention may be made.
SECTION V: JUDGMENT
Article 338 (Conditions for Judgment)
A court shall hand down a judgment in conformity with the requirements of the law in cases where the criminal case has been correctly revealed at the trial hearing, based on scientific evidence that has been sufficiently reviewed and confirmed.
Article 339 (Participating Members in Adopting a Judgment)
The judge and People’s Assessors who conducted the trial hearing shall participate in the adoption of the judgment.
Article 340 (Issues to Be Deliberated and Decided During the Adoption of Judgment)
Issues to be deliberated and decided in adopting a judgment shall be the following:
1. Whether the crime indicted did exist;
2. Whether the accused committed the crime;
3. Whether it had the status of a crime;
4. What penalty and to what degree will be imposed on the accused;
5. How the claim for damage compensation will be resolved;
6. How the exhibits will be handled;
7. How the issue of detention will be handled;
8. How property confiscated for liquidation will be handled.
Article 341 (Adoption of Judgment or Ruling)
The judgment and rulings handed down during the trial hearing shall be adopted by means of majority decision of the members of the court. A judge or People’s Assessor who does not consent to the opinion of the majority may issue a written opinion.
Article 342 (Types of Judgments)
A court shall hand down a judgment of guilty or not guilty. A judgment imposing a penalty on the accused and a judgment imposing social education procedures are findings of guilt, and a judgment that he or she has not committed a crime is a finding of not guilty.
Article 343 (Judgments Imposing a Penalty)
In cases where the acts of an accused have been recognised as a crime and criminal liability must be imposed, a judgment shall be handed down imposing a penalty. In cases where there is no need to execute the penalty, a judgment may be handed down to suspend the execution of that penalty.
Article 344 (Judgments Imposing Social Education Procedures)
In cases where there are reasons in Article 115 of this law, the court shall hand down a judgment imposing social education procedures on the accused.
Article 345 (Judgment of Not Guilty)
In cases where the acts of the accused are not a crime, or where he or she has not committed a crime, a judgment of not guilty shall be handed down.
Article 346 (Delivery of Judgment)
The delivery of a judgment shall be done in the name of the Democratic People’s Republic of Korea.
Article 347 (Release of Accused)
In cases where a judgment of not guilty, judgment suspending the execution of penalty, judgment imposing social education procedures, or a ruling to dismiss the case for an accused in detention, he or she shall soon be released. The Prosecutor General of the Supreme Public Prosecutors Office and President of the highest court may suspend the execution of judgments or rulings in the foregoing paragraph excluding the judgments or rulings in the highest court.
Article 348 (Treatment of Exhibits and Property Confiscated for Liquidation)
In cases where judgments or rulings have been handed down, the treatment of exhibits of the crime and property confiscated for liquidation shall follow Article 44 and Article 250 of this law.
Article 349 (Resolution of Claim for Damage Compensation)
The resolution of a claim for damage compensation is done like the following:
1. In cases where the claim for damage compensation is proper, the damage shall be compensated.
2. In cases where there was no crime or the accused did not commit the crime, the claim for damage compensation shall be dismissed.
3. In cases where the acts of the accused are not a crime, a claim for damage compensation shall not be resolved. In this case, the victim may raise the claim for damage compensation separately.
Article 350 (Ruling on Sending Back Case)
In cases where the crime has not been sufficiently revealed at the preliminaries to the degree that a decision cannot be made, or it is recognised that the principles and procedures of this law have been severely violated to the degree that the judgment will be impacted, a court shall make a ruling to send back the criminal case to the prosecutor.
Article 351 (Prohibition on Sending Back Case)
In cases where it is recognised that a trial may be held based on evidence already collected, without collecting further evidence, the criminal case may not be sent back.
Article 352 (Drafting a Judgment)
The drafting of a judgment shall be the following:
In the first part of the judgment shall be stated the name of the country delivering the judgment, date of judgment, members of the court, names of the prosecutor, counsel and judicial clerk, name of the case, whether the trial hearing was open to the public or held in camera, the name and social status of the accused, the name and address of the claimant for compensation, the admission of the court to the crime and the explanation of the evidence for it, the admission of the court to the claim for damage compensation, and other issues which must be pointed out without fail according to the nature of the case. In the next part of the judgment shall be written the articles of criminal procedure law on which the judgment concerned is based, the articles of criminal law applied to him or her and the penalty, or point out that social education procedures were applied, and how issues such as claims for damage compensation, exhibits, property confiscated for liquidation and detention are to be handled. The process for appeal shall be pointed out in the decision.
Article 353 (Delivery of Certified Copies of the Judgment and Rulings)
A court shall send a certified copy of the judgment and rulings to the prosecutor, accused, counsel and claimant for compensation within 2 days after the day of the decision or ruling
Article 354 (Period to Draft Trial Report and Perusal)
A judicial clerk shall draft a trial report within 5 days of the day the trial concluded. A prosecutor or counsel may see the report within 5 days of the day after the drafting of the trial report is concluded, and may raise in writing content to be amended, supplemented or deleted. In cases where the opinion raised is correct, the presiding judge shall cause the judicial clerk to fix it, and in cases where it is unfair, it shall be refused with a ruling.
Article 355 (Drafting a Trial Report)
Content to be reflected in the trial report shall be the following:
1. Date and place of trial
2. Names of members of the court, prosecutor, counsel, judicial clerk
3. Name of the case
4. Name and social status of the accused
5. Name and address of claimant for compensation
6. Acts done by the court following the order of trial hearing
7. Opinions and applications raised by people involved in the trial
8. Rulings handed down by the court in the trial hearing process
9. Content of addresses and defenses
10. Last words of the accused
Article 356 (Appeal, Raising Complaints)
An accused, counsel or claimant for compensation who has an opinion about the judgment or rulings of the first instance court may appeal to a higher court and a prosecutor may make a complaint.
Article 357 (Complaints Jurisdiction of a Prosecutor)
A prosecutor of a City(District) or County Public Prosecutors Office may make a complaint about a judgment or rulings of the People’s Court concerned, a prosecutor of a Province (Municipality Directly under Central Authority) Public Prosecutors Office may make a complaint about a judgment or rulings of the Province (Municipality Directly under Central Authority) Court or People’s Court concerned, a Special Public Prosecutors Office may make a complaint about a judgment or rulings of the Special Court concerned, and the Supreme Public Prosecutors Office may make a complaint about a judgment or rulings each Province (Municipality Directly under Central Authority) Court or a Special Court. A prosecutor of a higher Public Prosecutors Office who recognises that the complaint of a lower Public Prosecutors Office is unfair may cancel it.
Article 358 (Judgments and Rulings that May Not Be Appealed or Complained about)
Cases where an appeal or complaint may not be brought for a judgment or ruling are the following:
1. A judgment or ruling adopted at the first instance trial of the highest court;
2. A ruling adopted in an appeal, emergency appeal or retrial.
Article 359 (Appeal Process)
A person who wishes to appeal shall submit a notice of appeal to the first instance court within 10 days of the day he or she received certified copies of the judgment or rulings. However, a person who has received short-term labour shall submit within 3 days. If the period for appeal passes, the first instance court must soon send the notice of appeal together with the case record to a higher court. Even where the period for appeal has passed, in cases where it is recognised that there was a special reason for which an appeal could not be brought, that period may be extended.
Article 360 (Complaints Process)
A prosecutor who wishes to make a complaint shall submit a letter of complaint to the first instance court within 10 days of the day he or she received the certified copy of the judgment or ruling. However, a letter of complaint about a judgment or ruling in a case imposing short-term labour shall be submitted within 3 days. When the complaints period passes, the first instance court shall soon send the letter of complaint together with the case record to the Public Prosecutors Office higher than that of the prosecutor who complained. A prosecutor of the higher Public Prosecutors Office who has received the complaint shall review case records imposing short-term labour within 3 days, and shall review case records imposing other penalties within 10 days, and may send it to a court of the same level with the case record or cancel the complaint. Even though the period for the complaint has passed, in cases where it is recognised that there was a special reason for which a complaint was not able to be brought, that period may be extended.
Article 361 (Discontinuance of Execution of Judgment or Ruling)
A judgment or ruling for which an appeal or complaint has been raised shall not be executed.
Article 362 (Finalization of First Instance Judgment or Ruling)
A first instance judgment or ruling shall be finalized in the following cases:
1. In cases where the appeal or complaints period has passed;
2. In cases where the appeal court supports the judgment or ruling of the first instance court
3. In cases where a judgment or ruling has been handed down that may not be appealed or complained against.
CHAPTER VII: APPEALS
Article 363 (Duties of Appeals)
The duties of appeals are to review in totality whether the judgment or ruling of the first instance court conforms to the requirements of the law and is founded on scientific evidence, and remedy wrongs, based on the case record and the appeal or complaint materials.
Article 364 (Composition of Appeals Court)
An appeal shall be done by a court composed of 3 judges. In this case, one judge shall be the presiding judge.
Article 365 (Period for Appeals)
An appeals court shall hear and resolve a case record that has been appealed or complained against within 25 days of the day it was received. Cases of short-term labour shall be concluded within 7 days of the day the case record was received.
Article 366 (Participation of Prosecutor and Counsel at Appeal Hearing)
A prosecutor shall participate in an appeal hearing, and in cases where an accused or counsel have appealed, counsel shall participate. An appeal hearing may be held even in cases where a prosecutor or counsel have not been able to participate due to special circumstances.
Article 367 (Delivery of Case Record and Review Period for Prosecutor)
An appeal court shall send the notice of appeal together with the case record to the prosecutor before the appeal hearing. In this case, a prosecutor may review a case record imposing short-term labour for 2 days, and other case records for 10 days.
Article 368 (Notification of Appeal Date)
Appeals courts shall inform the prosecutor and counsel of the trial date 3 days before the trial.
Article 369 (Scope of Appeal Hearing)
The appeal hearing shall use as a foundation the parts pointed out by the notice of appeal or letter of complaint and deliberate on their contents, and shall review whether the preliminaries or the first instance court have severely violated the requirements and processes of this law and impacted the judgment. In cases where there is a question about facts not pointed out in the notice of appeal or the letter of complaint, that shall also be reviewed.
Article 370 (Process for Appeal Hearing)
A presiding judge shall announce the commencement of the appeal, shall report on the content of the criminal case tried in the first instance court, the judgment or ruling, and the reasons for appeal or complaint about it, and shall cause the prosecutor, counsel and members of the court to state their opinions.
Article 371 (Conclusion of Appeal Hearing)
A presiding judge shall state his or her opinion last and announce that the appeal hearing will be concluded, and then shall consult with the members of the court in the agreement room to make a ruling.
Article 372 (Issues to be Deliberated and Decided in Adopting a Ruling)
Issues to be deliberated and decided in adopting a ruling are the following:
1. Whether there is a basis to the appeal or complaint;
2. Whether the admitted facts and the articles of criminal laws applied are correct;
3. Whether the penalty was correctly imposed;
4. Whether the requirements and process of this law were correctly abided by in the investigation, preliminaries or trial hearing.
Article 373 (Adoption of Ruling)
If a ruling is made in the agreement room by consultation, the presiding judge shall read it out in the courtroom. When the written ruling is read out, the prosecutor and counsel shall also participate.
Article 374 (Support for the First Instance Judgment or Ruling)
In cases where the judgment or ruling of the first instance court is recognised to have been adopted in conformity with the requirements of the law, an appeal court shall make a ruling supporting it.
Article 375 (Sending Back a Criminal Case)
If the crime has not been sufficiently proven by the investigation, preliminaries or trial hearing to impact the judgment, or the requirements and process provided for under this law have been severely violated, or articles of criminal law were imposed or a penalty determined not in conformity with the admitted facts, an appeal court shall cancel that judgment and return the criminal case to the prosecutor or the trial court.
Article 376 (Transfer of Criminal Case)
In cases where a first instance court has adopted a judgment or ruling in violation of its jurisdiction, an appeal court shall make a ruling to send a criminal case to the relevant court.
Article 377 (Dismissal of Criminal Case)
In cases where a first instance court did not dismiss a criminal case that should have been dismissed, an appeal court shall directly cancel that judgment and dismiss the criminal case.
Article 378 (Change of Judgment)
Cases where the appeal court directly fixes the judgment of the first instance court shall be the following:
1. In cases where the first instance court has incorrectly imposed the articles of criminal law, being articles and paragraphs where the penalty provided for is heavy;
2. In cases where the first instance court has imposed an excessively heavy penalty;
3. In cases where the first instance court did not impose a supplementary punishment that would have been appropriately imposed, or if it was imposed in error;
4. In cases where, in a hearing for a claim for damage compensation, the admission of facts was done correctly but the judgment was handed down in error.
Article 379 (Trial Hearings of Cases Sent Back)
A first instance court that has received a criminal case returned by an appeal court shall follow the ruling of an appeal court.
Article 380 (Prohibition and Permission of Reformatio in Peius)
A first instance court that is retrying a criminal case for which the judgment was cancelled based on an appeal may not impose a greater penalty determined by the court that handed down the first judgment. However, in criminal cases where an accused has appealed because the penalty was heavy, and the prosecutor complained because the penalty was too light, it is recognised that a heavier penalty may be imposed than the penalty first determined, the first instance court rehearing that criminal case may impose a relevant penalty.
Article 381 (Ruling on a Question of Law)
An appeal court may point out the deficiencies of the preliminaries or the first instance court in a ruling. The preliminaries or the first instance court shall follow the ruling of the appeal court.
Article 382 (Notification of Appeal Results)
An appeal court shall send certified copies of the written rulings to the prosecutor and appellant within 2 days of the day the appeal was concluded.
CHAPTER VIII. EMERGENCY APPEALS AND RETRIALS
SECTION I: EMERGENCY APPEALS
Article 383 (Duties of Emergency Appeals)
The duty of an emergency appeal is to provide a remedy in cases where a finalized judgment or ruling runs counter to the requirements of the law.
Article 384 (Composition of Emergency Appeals Court)
Emergency appeal cases for any finalized judgments or rulings for all courts excluding the highest court shall be heard and resolved by a court composed of 3 judges of the highest court. In this case, one of the judges shall be the presiding judge.
Article 385 (Period of Emergency Appeal)
The highest court shall hear and resolve the case within 1 month of the day the emergency appeal case record was received.
Article 386 (Judicial Meeting)
Emergency appeals for judgments and rulings of the highest court shall be heard and resolved in a judicial meeting of the highest court. The judicial meeting of the highest court shall be composed of the President of the highest court, Vice-President, and judges. The judicial meeting of the highest court shall be established only if over two-thirds of all members participate. A ruling of a judicial meeting shall be adopted only if more than half of the members who have attended the meeting agree by means of show of hands
Article 387 (Participation of Prosecutor in an Emergency Appeal)
The President of the highest court shall participate in the judicial meeting of the highest court.
A prosecutor of the highest Public Prosecutors Office shall participate in an emergency appeal in a court composed of 3 judges of the highest court.
Article 388 (Person to Raise an Emergency Appeal)
An emergency appeal shall be raised to the highest court with the President of the highest court or the Prosecutor General of the highest Public Prosecutors Office.
Article 389 (Period to Raise Emergency Appeal)
The period to raise an emergency appeal shall not be restricted. An emergency appeal for a judgment of guilt may be raised even after the person who received the judgment has died.
Article 390 (Reason to Raise Emergency Appeal)
An emergency appeal shall be raised in cases where it appears on a case record for which a judgment or ruling has been finalized that, in the handling of the criminal case, the law has been fundamentally violated.
Article 391 (Criminal Cases for which an Emergency Appeal May Not Be Raised)
For a criminal case where the execution of penalty has been concluded, in cases where an application to raise an emergency appeal has been made for the reason that the penalty already executed is low, an emergency appeal may not be raised for criminal cases where the time limit for criminal prosecution has passed.
Article 392 (Application to Raise Emergency Appeal)
A criminal case for which an emergency appeal is to be raised shall attach the relevant opinion to the case record and send it to the President of the highest court or the Prosecutor General of the highest Public Prosecutors Office. Courts and Public Prosecutors Offices at each level may request the case record handled in their jurisdictional area to apply to raise the emergency appeal.
Article 393 (Request for Case Record to Raise Emergency Appeal)
The President of the highest court and the Prosecutor General of the highest Public Prosecutors Office may request the case record of a criminal case to raise the emergency appeal, regardless of the court that handled it. Case records for which an emergency appeal is not to be raised shall soon be returned.
Article 394 (Suspension of Execution of Judgment or Ruling)
The President of the highest court and the Prosecutor General of the highest Public Prosecutors Office may suspend the execution of a judgment or ruling through the court concerned, in a criminal case for which the records were requested to raise an emergency appeal. However, the judgment or ruling of the highest court, or a judgment or ruling being executed, may not be suspended.
Article 395 (Raising Emergency Appeal)
In cases where there is a reason to raise an emergency appeal, the President of the highest court and the Prosecutor General of the highest Public Prosecutors Office shall make a written proposal for emergency appeal and send it with the case record to the highest court. An emergency appeal case raised by the President of the highest court shall send the case record to the highest Public Prosecutors Office before the emergency appeal is held.
Article 396 (Notification of Date of Emergency Appeal)
The highest court shall inform the highest Public Prosecutors Office of the emergency appeal date 3 days before the appeal.
Article 397 (Scope of Emergency Appeal)
At the emergency appeal shall be heard and resolved, in totality, the lawfulness and foundational basis of the judgment or the ruling, including whether the crime and the evidence to prove it are correct, whether the accused has been correctly determined, whether any requirements and processes provided for under this law have been violated, and whether the penalty has been accurately imposed, based on the reasons for raising the emergency appeal.
Article 398 (Hearing Process of Emergency Appeal)
An emergency appeal shall commence with a report on the case, conduct the hearing as necessary, and then hear the opinion of the Prosecutor General or a prosecutor of the Public Prosecutors Office and make the ruling concerned.
Article 399 (Handling of Emergency Appeal Case)
The highest court that has heard the emergency appeal case shall handle the criminal case according to Article 374 to Article 378 of this law.
Article 400 (Period of Execution of Ruling)
A ruling of a court that has heard an emergency appeal case shall be executed immediately without a period of finalization.
Article 401 (Notification of Results of Emergency Appeal)
A court that has heard an emergency appeal case shall send a certified copy of the ruling to the person who applied or petitioned to raise the emergency appeal within 2 days of the day the ruling was made.
SECTION II: RETRIAL
Article 402 (Duties of Retrial)
The duties of a retrial are to remedy errors in a finalized judgment or ruling based on new facts.
Article 403 (Composition of Retrial Court)
A retrial case shall be resolved by a court composed of 3 judges of the highest court. In this case, one of the judges shall be the presiding judge.
Article 404 (Period for Retrial)
The highest court shall hear and resolve within 1 month of receiving the retrial case record.
Article 405 (Participation of Prosecutor in Retrial)
A prosecutor of the highest Public Prosecutors office shall participate in the retrial.
Article 406 (Person to Raise Retrial)
The Prosecutor General of the highest Public Prosecutors Office shall raise a retrial with the highest court.
Article 407 (Period to Raise Retrial)
The period to raise a retrial shall not be restricted. Raising a retrial for a judgment of guilt may be done even after the person who has received the judgment has died.
Article 408 (Reason to Raise Retrial)
Cases of raising a retrial are the following:
1. In cases where it has become known that evidence which was the foundation of a judgment or ruling was false;
2. In cases where a new fact becomes known which could have impacted the judgment or ruling but was not known at the time of the trial.
Article 409 (Application to Raise Retrial)
An application for retrial shall be done by a citizen, institution, enterprise or organization to the prosecutor. A prosecutor who has received an application in the foregoing paragraph shall conduct the necessary investigation within 2 months and, in cases where there is a basis, shall draft an application to raise a retrial and shall send the investigation materials together with the case record to the Prosecutor General of the highest Public Prosecutors Office. The foregoing paragraph shall be followed even in cases where the prosecutor has directly obtained the reasons for raising a retrial.
Article 410 (Suspension of Execution of Judgment or Ruling)
The Prosecutor General of the highest Public Prosecutors Office shall suspend the execution of the judgment or ruling for the criminal case for which the case record has been requested to raise a retrial, through the President of the highest court, as necessary.
Article 411 (Raising and Refusing Retrials)
In cases where the application to raise a retrial is proper, the Prosecutor General of the highest Public Prosecutors Office shall make a proposal for retrial and send it together with the case record to the highest court. In cases where the application to raise a retrial is unfair, a decision to refuse it shall be made and the case record shall be returned.
Article 412 (Notification of Retrial Date)
The highest court shall inform the highest Public Prosecutors Office of the retrial date 3 days before the retrial.
Article 413 (Scope of Retrial)
At the retrial shall be heard and determined in totality the facts that make up the reason for raising a retrial, and shall hear and resolve whether the accused was correctly determined, and whether the penalty was correctly imposed.
Article 414 (Hearing of Retrial Case)
A retrial shall commence with the report on the case of the prosecutor and conduct the required hearing, then shall make the ruling concerned.
Article 415 (Handling of Retrial Case)
In cases where the raising of the retrial is proper, the highest court shall cancel the finalized judgment or ruling and return the criminal case to the prosecutor or the first instance court, or shall directly dismiss it. In cases where the raising of the retrial is unfair, the raising of the retrial shall be refused and a ruling supporting the finalized judgment or ruling shall be made. In this case, a citizen, institution, enterprise or organization that has applied for a retrial shall be informed within 48 hours.
Article 416 (Period of Execution of Retrial Ruling)
A ruling of a court that has heard a retrial case shall be executed immediately without a period of finalization.
Article 417 (Notification of Results of Retrial)
A court that has heard a retrial case shall send a certified copy of the ruling to the person who applied or petitioned to raise the retrial within 2 days of the day the ruling was handed down.
CHAPTER IX. EXECUTION OF JUDGMENT OR RULING
Article 418 (Period for Execution of Judgment or Ruling)
A judgment or ruling shall be executed after it is finalized. The death penalty may only be executed upon the approval of the institution concerned.
Article 419 (Dispatch of Execution Documents)
When the judgment or ruling is finalized, a presiding judge shall send the execution documents to the penalty execution institution concerned within 2 days.
Article 420 (Surveillance of Execution of Judgment or Ruling)
Surveillance over the execution of a judgment or a ruling shall be done by a prosecutor. The execution of a judgment for the death penalty shall be done with the participation of the prosecutor.
Article 421 (Execution of Judgment for Death Penalty)
The execution of a judgment for the death penalty shall be done by the penalty execution institution that has received the direction of execution of death penalty documents and the certified copy of the judgment. The direction of execution of death penalty documents shall be issued by the highest court.
Article 422 (Reporting Back of Death Penalty Execution Results)
A penalty execution institution that has received the direction of execution of death penalty documents and the certified copy of the judgment shall execute the death penalty and inform the court concerned of the results within 3 days.
Article 423 (Execution of Life-time Term of Reform through Labour, Limited Term of Reform through Labour, Short-term Labour)
The execution of life-time term of reform through labour, limited term of reform through labour, and short-term labour shall be done by the penalty execution institution concerned that has received the certified copy of the judgment or ruling and the notice of finalization issued by the court.
Article 424 (Calculation of Term of Penalty)
The calculation of the penalty execution period for life-time term of reform through labour, limited term of reform through labour, and short-term labour shall be done from the day the judgment is executed. In cases where the accused was already in detention, it shall be calculated from the day the person was arrested. The period a person who is serving a life-time term of reform through labour, limited term of reform through labour, or short-term labour is admitted to the hospital of a penalty execution institution shall be calculated as part of the penalty execution period.
Article 425 (Execution of Deprivation of the Right to Vote and Monetary Penalty)
The execution of the deprivation of the right to vote shall be done after the execution of the principal punishment is concluded, by the City (District) or County People’s Committee that has received the certified copy of the judgment and the release certificate sent by the penalty execution institution. The execution of the monetary penalty shall be done by the institution concerned.
Article 426 (Execution of Removal of Qualifications and Suspension of Qualifications)
The execution of removal of qualifications and suspension of qualifications shall be done after the execution of the principal punishment is concluded, by the institution that granted the qualifications concerned and that has received the certified copy of the judgment and the release certificate sent by the penalty execution institution.
Article 427 (Execution of Confiscation of Property)
The execution of confiscation of property shall be done by an executive officer of the court within 1 month of the day the execution documents were received. In this case, 2 observers shall be in attendance and an inventory of confiscated goods shall be drafted and attached to the case record, and the person who has had his or her property confiscated shall be given a certified copy of the inventory of confiscated goods. Opinions raised relating to the execution of confiscation of property shall be resolved by a judge of the court concerned within 3 days.
Article 428 (Execution of Property for Damage Compensation)
The execution of property for damage compensation shall be done by an executive officer of the court within 1 month of the day the execution documents were received. In this case, 2 observers shall be in attendance and 2 copies of an inventory of property for damage compensation shall be drafted, one copy shall be given to the property owner, and a confirmation document shall be received from the claimant for compensation that property has been taken over. Opinions raised relating to the execution of damage compensation shall be resolved by a judge of the court concerned within 3 days.
Article 429 (Coerced Execution of Property)
In cases where a property owner refuses the execution of confiscation of property or property for damage compensation without a lawful reason, it shall be coercively executed.
Article 430 (Reasons to Suspend Execution of Penalty)
In cases where a person who has received life-time term of reform through labour, limited term of reform through labour, and short-term labour falls ill with a temporary mental illness or serious illness, the execution of the penalty is suspended until his or her illness has been cured. For a pregnant woman, the execution of the penalty is suspended from 3 months before birth to 7 months after birth.
Article 431 (Reasons to Dismiss the Execution of Penalty)
In cases where a person who has received life-time term of reform through labour, limited term of reform through labour, and short-term labour falls ill with an incurable mental illness or has died, the execution of the penalty is dismissed. In this case, a forensic medicine analysis shall be done.
Article 432 (Suspension or Dismissal of Execution of Penalty, Raising of Release before Expiration of Term)
Raising the suspension or dismissal of life-time term of reform through labour, limited term of reform through labour, and short-term labour or release before expiration of term shall be done by a supervising officer of the penalty execution institution to the Prosecutor General of the Public Prosecutors Office concerned. The Prosecutor General of the Public Prosecutors office shall review and confirm the content raised and shall reject it or raise it with the court concerned.
Article 433 (Hearing for Suspension or Dismissal of Execution of Penalty or Release before Expiration of Term)
Suspending or dismissing life-time term of reform through labour, limited term of reform through labour, and short-term labour or releasing before expiration of term shall be heard and resolved by the court concerned with the participation of the prosecutor within 10 days.
Article 434 (Treatment and Administration of a Person who Has Received Release before Expiration of Term)
Medical procedures or house arrest shall be imposed on a person whose execution of penalty has been suspended. The administration of a person whose execution of penalty has been suspended shall be done by the people’s safety institution concerned.
Article 435 (Revocation of Suspension of Execution of Penalty)
In cases where the reason to suspend the execution of penalty has disappeared for a person whose execution of penalty was suspended, for life-time term of reform through labour, limited term of reform through labour, or short-term labour, the court concerned shall make a ruling to revoke it. The period the execution of penalty was suspended shall not be included in the period of penalty.
Article 436 (Treatment of a Person who is Serving Penalty or for whom Penalty Execution has been Suspended in Cases Where He or She Has Committed a Crime)
In cases where a person who is serving a penalty, or for whom execution of penalty has been suspended, has committed a crime, the handling of the criminal case shall follow Article 82 of this law.
Article 437 (Notification of Hearing Date for an Application Related to the Execution of a Judgment or Ruling)
A court hearing an application raised relating to the execution of a judgment or ruling shall inform the prosecutor of the hearing date 3 days in advance.
Article 438 (Trial Hearing for an Application Raised Relating to the Execution of a Judgment or Ruling)
The trial hearing for an application raised relating to the execution of a judgment or ruling shall hear the opinion of the prosecutor and make the ruling concerned.
Last updated 21 June 2020