PART I GENERAL PROVISIONS
| Article 1 (Purpose of Regulation) |
The purpose of these Regulations is to prescribe such matters delegated by the Criminal Procedure Act (hereinafter referred to as the "Act") to the Supreme Court Regulation and other necessary matters concerning the criminal procedure. [This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
CHAPTER I JURISDICTION OF COURTS
| Article 2 (Request for Consolidated Proceedings of Territorial Jurisdiction, etc.) |
| (1) | In making a request in accordance with Article 6 of the Act, a written application in which the reasons therefor are stated shall be filed with lowest higher court common to all relevant courts. |
| (2) | To the form of the request filed by a public prosecutor, the copies thereof the number of which is equal to that of the accused shall be attached, and to the form of the request filed by the accused, a copy thereof shall be attached. |
| (3) | The court to which the request under Article 6 of the Act has been submitted shall immediately make the notification thereof to the courts in which the case is pending, and serve the counter-party of the requester with the copies of the written application under paragraph (2) above. |
| (4) | The pending court and the counter-party of the requester may submit its opinion to the court mentioned in paragraph (1) above within 3 days from the date of service mentioned in paragraph (3) above. <Amended by Supreme Court Regulation No. 1171, Aug. 3, 1991> |
| Article 3 (Procedure for Consolidated Proceedings of Territorial Jurisdiction) |
| (1) | When the court to which the request under Article 6 of the Act has been made deems it reasonable, it shall make a ruling that the designated court consolidate the proceedings, but when the court deems it unfounded, it shall make a ruling that the request be dismissed, and serve the requester with the copy of the ruling and send it to the court where the case is pending. |
| (2) | The other courts, except for the court which has been designated to consolidate proceedings in accordance with paragraph (1) above, shall send the records of trial and evidence to the designated court consolidating proceedings within seven days from the date of receiving the copy of the ruling. |
| Article 4 (Consolidated Proceedings for Jurisdiction of Subject-Matter) |
| (1) | The provision of Article 10 of the Act shall apply as well even if the case pending before the collegiate body of judges of the court and the case pending before the single judge of the court belong to different territorial jurisdictions. |
| (2) | When the single judge comes to know that the case which is pending before him is correlated with a case which is pending before the collegiate body of judges of the court, he shall make a notification thereof to a chief judge of the collegiate body of the court without delay. |
| (3) | When the collegiate body of judges of the court made a ruling for consolidated proceedings according to Article 10 of the Act, it shall immediately send the copy thereof to the single judge and the single judge shall send the records of trial and evidence to the collegiate body of judges of the court within five days from the date of receiving the copy. |
| Article 4-2 (Consolidated Proceedings for Appellate Case) |
| (1) | When, from among the several related appellate cases which belong to the different jurisdictions of subject matter, some of them are pending before the High Court and the others before a collegiate boy of judges of the District Court, respectively, the High Court may consolidate the cases pending before the district court with its own pending cases by a ruling. This provision shall apply when the related appellate cases belong to different territorial jurisdictions. |
| (2) | If the presiding judge of a collegiate body of judges of the district court becomes aware of the fact that the appellate case which is being tried before his court is also pending before the High Court, he shall immediately notify the presiding judge of the High court of such fact. |
| (3) | If the High Court makes a ruling for the consolidated proceedings under the provisions of paragraph (1) above, the court shall immediately forward the duplicate of such ruling to a collegiate body of judges of the district court, and the collegiate body of judges of the district court shall forward the record of trial and evidence to the High Court within 5 days from the date of receiving the copy of the ruling. |
[This Article Added by Supreme Court Regulation No. 1171, Aug. 3, 1991]
| Article 5 (Request for Designation of Proper Court or Transfer to Other Court) |
| (1) | When the public prosecutor submits a written application for designation of proper court or transfer to other court according to Article 16 (1) of the Act, the copies thereof the number of which is equal to that of the accused shall be attached to such an application, when an accused submits such an application, one copy thereof shall be attached thereto. |
| (2) | The court receiving the written application as prescribed in paragraph (1) above shall serve the accused or the suspect with the copy of the application submitted by the public prosecutor without delay, and serve the public prosecutor with the copy of the application submitted by the accused, and also make a notification thereof to the court receiving public prosecution. |
| (3) | A public prosecutor, the accused or the suspect may submit his written opinion to the court as mentioned in paragraph (2) within three days from the date of receiving copies as prescribed in paragraph (2). |
| Article 6 (Procedural Measures to Be Taken in Accordance with Ruling of Designation of Proper Court or Transfer to Other Court) |
| (1) | When the ruling of designation of proper court or transfer to other court is rendered with regard to a case for which the public prosecution has not yet been instituted, the court rendering such a ruling shall send the copies thereof to the public prosecutor and the suspect, and when the public prosecutor institutes a public prosecution with regard to the same case he shall attach the copy thereof to the indictment. |
| (2) | When the ruling of designation of proper court or transfer to other court is rendered with regard to a case for which the public prosecution has already been instituted, the court rendering such a ruling shall send the copies thereof to the public prosecutor, the suspect and the court before which the case is pending. |
| (3) | In case of paragraph (2) above the court before which the case is pending shall send the record of trial and evidence with the copies of the ruling to the designated or transferred court without delay: Provided, That the above provision shall not apply to the case where the court before which the case is pending has become the designated one. |
| Article 7 (Suspension of Procedure of Trial) |
In case a request for consolidated proceedings of territorial jurisdiction, and designation of proper court and transfer to other court is made with regard to a case pending before a court, the court shall suspend the procedure of trial until it renders a ruling upon it: Provided, That exceptions shall be made in the case emergency.
| Article 8 (Methods of Forwarding Record of Trial, etc.) |
| (1) | When the record of trial and evidence are forwarded to a different court in compliance with the provisions of Articles 3 (2), 4 (3), 4-2 (3) or 6 (3), or with the decision of transfer under the provision of Article 8 of the Act, they shall be forwarded directly to the recipient court. |
| (2) | The court which has forwarded or has received the forwarding as prescribed in paragraph (1) above shall notify such facts to the public prosecutor of the corresponding prosecutor's office. |
[This Article Wholly Amended by Supreme Court Regulation No. 1171, Aug. 3, 1991]
CHAPTER II CHALLENGE OF COURT OFFICIALS
| Article 9 (Form of Application for Challenge and so on) |
| (1) | Where an application for challenge is submitted in accordance with Article 18 of the Act, it shall concretely indicate the facts constituting the ground for challenge. |
| (2) | Article 20 (1) of the Act shall apply in handling the application for challenge which has been made in violation of paragraph (1). |
CHAPTER III PROXY AND ASSISTANT FOR ACTS OF LITIGATION
| Article 10 (Jurisdiction over Request for Appointment of Special Representative of Suspect) |
The request for appointment of a special representative of the suspect in accordance with latter part of Article 28 (1) of the Act shall be made to the district court having jurisdiction over the site of the office to which the public prosecutor or the judicial police official who investigate the suspect belongs.
| Article 11 (Reporting by Assistant) |
| (1) | A report filed by an assistant as stipulated in Article 29 (2) of the Act shall be given together with a paper proving the family relationship between the person who intends to be an assistant and the accused or the suspect. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | Reports filed by assistant prior to the institution of public prosecution shall also be effective until the end of the first instance. |
| Article 12 (Appointment of Defense Counsel by Legal Representative) |
When the persons prescribed in Article 30 (2) of the Act appoint a defense counsel, they shall submit a written paper proving family relationship between themselves and the accused or suspect which has been attached to the paper mentioned in Article 32 (1) of the Act.
| Article 13 (Effects of Appointment of Defense Counsel in Consolidated Cases) |
The appointment of defense counsel in regard to one case shall also be effective in other consolidated cases which have been pending before the same court against the same accused: Provided, That this shall not apply if the accused or defense counsel declares his/her intention to be otherwise. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 13-2 (Application for Appointment of Chief Counsel) |
The application for the appointment of chief counsel, withdrawal of appointment or alteration shall be made in writing with statement of the reasons: Provided, That during the trial, such application may be made orally.
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 13-3 (Notice of Appointment of Chief Counsel) |
With regard to appointment of chief counsel, withdrawal of appointment or alteration, it shall be notified to the public prosecutor and the chief counsel when such appointment has been applied for by the accused or suspect, and it shall be notified to the accused or suspect and the public prosecutor when it has been applied for by the counsel or when the appointment has been made ex officio. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 13-4 (Effects of Appointment of Chief Counsel Prior to Prosecution) |
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 13-5 (Provisions Applicable Mutatis Mutandis)Article 13 shall apply mutatis mutandis to the chief counsel. |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 14 (Qualification of State-Appointed Defense Counsel) |
| (1) | The state appointed defense counsel shall be selected from among the lawyers having their offices, the public defender serving under the Public-Service Advocates Act (exclusive of the public defenders serving in the Ministry of Justice or its affiliated agencies and prosecutor's offices of each level; hereinafter referred to as "public defenders") or judicial trainees during training within the jurisdiction of the court. |
| (2) | If there are no lawyers, public defenders or judicial trainees referred to in paragraph (1), or there are inevitable grounds, the state-appointed defense counsel may be selected from among the lawyers having their offices, public defenders serving, or judicial trainees during training within the jurisdiction of the neighboring court. |
| (3) | If there are no lawyers, public defenders or judicial trainees referred to in paragraphs (1) and (2), or there are inevitable grounds, the state-appointed defense counsel may be selected from among the lawyers who do not reside within the jurisdiction of the court. |
[This Article Wholly Amended by Supreme Court Regulation No. 1375, Jul. 10, 1995]
| Article 15 (Number of Defense Counsel) |
| (1) | One state appointed defense counsel shall be chosen for each accused or suspect concerned: Provided, That if the court deems it necessary in light of the special nature of the case, several state appointed defense counsels may be chosen for one accused or suspect. |
| (2) | If there is no conflict of interests among the accused or suspects, the same state appointed defense counsel may be chosen for those accused or suspects. |
| Article 15-2 (Lawyer Exclusively in Charge as State-Appointed Defense Counsel) |
The court may designate a lawyer who will be exclusively in charge as a state-appointed defense counsel from among the lawyers having their offices within the jurisdiction of the court (including the lawyers who are to have their offices within the jurisdiction of the court) for a fixed period.
[This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 16 (Appointment of State-Appointed Defense Counsel Prior to Institution of Public Prosecution) |
| (1) | Where a suspect who is to be examined under Article 201-2 of the Act has no defense counsel or where a suspect for whom the review of the legality of the arrest or detention is requested under Article 214-2 of the Act has no defense counsel, the judge of the court or district court shall, without delay, appoint a state-appointed defense counsel and notify the suspect and the state-appointed defense counsel concerned of the appointment. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | In the case of paragraph (1), the summary of the facts of suspected crime, the contact point of the suspect, etc. may be also notified to the state-appointed defense counsel. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (3) | The notice under paragraph (1) may be made orally, by telephone, facsimile, email, mobile short message service or by other appropriate means as well as in writing. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (4) | Paragraphs (1) and (2) shall apply mutatis mutandis to the case where no defense counsel exists after the warrant of detention is requested or after the review of the legality of the arrest or detention is requested. |
[This Article Wholly Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 16-2 (Preparation of List of Candidates for State-Appointed Defense Counsels) |
| (1) | A district court or branch court may prepare a list of candidates for state-appointed defense counsels (hereinafter referred to as "list") which states en bloc lawyers, public defenders or judicial trainees, etc. to act as state-appointed defense counsels. In such cases, the details of the business of state-appointed defense counsels and the expected date of defense may be designated in advance. |
| (2) | The chief judge of a district court or branch court may request the President of Local Bar Association concerned to cooperate within his/her jurisdiction or the jurisdiction of the neighboring court with respect to the preparation of the list referred to in paragraph (1). |
| (3) | A district court or branch court shall, without delay, notify the details of the list to the candidates for state-appointed defense counsels after preparation of the list referred to in paragraph (1). In such cases, Article 16 (3) shall apply mutatis mutandis. |
| (4) | Candidates for state-appointed defense counsel in the list referred to in paragraph (1) may request to make changes to the list within three days after receiving a notice of the designation referred to in paragraph (3). |
| (5) | Where the list referred to in paragraph (1) is prepared, the judge of a court or district court shall select state-appointed defense counsel as prescribed in the list unless any special ground exists. |
[This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 17 (Appointment of State-Appointed Defense Counsel in Case of Institution of Public Prosecution) |
| (1) | The presiding judge shall notify the accused without defense counsel of the contents of the following subparagraphs upon institution of the public prosecution: |
| 1. | In cases under Articles 33 (1) 1 through 6 of the Act, the trial cannot proceed without a defense counsel, and if the accused does not appoint a counsel, the court shall appoint a state-appointed defense counsel; |
| 3. | In cases under Article 33 (3) of the Act, the accused may express his/her opinions that he/she does not want the appointment of a state-appointed defense counsel. |
| (2) | The notice of paragraph (1) shall be made in writing. |
| (3) | If the accused who has received the notice under paragraph (1) does not appoint a defense counsel, if a request for the appointment of a state-appointed defense counsel is made pursuant to Article 33 (2) of the Act, and if a state-appointed defense counsel is to be appointed under Article 33 (3) of the Act, the court shall, without delay, appoint a state-appointed defense counsel and notify the accused and the state-appointed defense counsel concerned of such appointment. |
| (4) | Even if no defense counsel exists after the institution of public prosecution, paragraphs (1) through (3) shall also apply mutatis mutandis. |
[This Article Wholly Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 17-2 (Explanation of Reasons for Requesting Appointment of State-Appointed Defense Counsel) |
Where the accused requests an appointment of a state-appointed defense counsel under Article 33 (2) of the Act, he/she shall submit prima facie evidence materials: Provided, That the same shall not apply if the causes therefor are recognized to have been proven prima facie by records of the case. [This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 18 (Cancellation of Appointment) |
| (1) | The judge of a court or district court shall cancel the appointment of a state-appointed defense counsel in any of the following cases: <Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006> |
| 1. | When a defense counsel is appointed for the accused or suspect; |
| 2. | When a state-appointed defense counsel loses qualifications prescribed in Article 14 (1) and (2); |
| 3. | When the judge of a court or district court grants permission for the resignation of a state-appointed defense counsel in accordance with Article 20. |
| (2) | The judge of a court or district court may cancel the appointment of a state-appointed defense counsel in any of the following cases: <Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006> |
| 1. | When the state-appointed defense counsel dose not perform his/her duties sincerely; |
| 2. | When the application for the change of the state-appointed defense counsel by the accused or the suspect is recognized to have reasonable grounds; |
| 3. | When reasonable grounds exist for cancelling the decision to appoint the state-appointed defense counsel. |
| (3) | When the court cancels the appointment of state-appointed defense counsel, it shall make a notification thereof to the state-appointed defense counsel concerned and the accused or the suspect concerned without delay. |
| Article 19 (Appointment, etc. in Court Room) |
| (1) | When a privately appointed defense counsel or a state-appointed defense counsel does not present himself/herself or leaves the court where the state-appointed defense counsel is appointed under Article 16 (1) or 283 of the Act, and when it is inevitable, the court may appoint a state-appointed defense counsel among the persons referred to in Article 14, such as the lawyers who are present in the court room subsequent to hearing the opinion of the accused or suspect. <Amended by Supreme Court Regulation No. 1375, Jul. 10, 1995; Supreme Court Regulation No. 2038, Aug. 17, 2006> |
| (2) | In cases under paragraph (1), the prior appointment of a state-appointed defense counsel may be cancelled. |
| (3) | When a state-appointed defense counsel cannot present himself/ herself at the date of trial, or interrogation of a suspect, he/she shall, without delay, make a notification proving the ground therefor to the judge of the court or district court. <Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006> |
When a state-appointed defense counsel falls under any of the following, he/she may resign himself/herself with the permission of the judge of the court or district court: <Amended by Supreme Court Regulation No. 2038, Aug. 17, 2006>
| 1. | When it is difficult to perform his/her duties due to diseases or travel for a long time; |
| 2. | When he/she is unable to maintain confidential relationship due to violence, intimidation or insult by the accused or suspect; |
| 3. | When he/she is advised by the accused or suspect to conduct unjustifiable activities; |
| 4. | When any reasonable ground exists that he/she has difficulties in performing his/her duties as a state-appointed defense counsel. |
When the court deems that a state-appointed defense counsel neglects his/her duties and his/her insincerity is remarkable, it may notify the facts thereof to the President of Korean Bar Association or the President of Local Bar Association concerned.
| Article 22 Deleted. <by Supreme Court Regulation No. 1628, Dec. 31. 1999> |
| Article 23 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 24 (Examination of Facts for Ruling and Order) |
| (1) | Where the court makes examination of facts in accordance with Article 37 (3) of the Act in rendering a ruling or an order, the court, when necessary, may examine any witness or may order an expert to give expert evidence as prescribed in the Act and these Regulations. |
| (2) | In cases under paragraph (1), the public prosecutor, the accused or suspect or the defense counsel may participate in the examination of facts. |
| Article 25 (Amendment of Decision) |
| (1) | When any wrong calculation, miswriting or other mistake clearly exists in the content of decision, the court may render a ruling for amendment either ex officio or upon the request of the relevant party. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | The ruling for amendment shall be written in addition to the original copy of the decision or its transcript: Provided, That when it is impossible to be attached to transcript, the transcript of the ruling for amendment shall be served on the person on whom the transcript of the decision has already been served. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (3) | An immediate appeal may be made against the ruling for amendment: Provided, That the same shall not apply when a lawful appeal against the original decision has already been made. |
| Article 25-2 (Decision on which Seal or Signature cannot be Affixed) |
The decision on which the seal or signature cannot be affixed in lieu of signature and seal under Article 41 (3) of the Act refers to the judgment and various warrants (including a warrant of confinement for expert examination, and a warrant of permission of expert examination). [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 26 (Scope of Requester for Transcript or Abridged Copy of Decision) |
| (2) | The complainant, the accuser or the victim may at his/her own expense request delivery of the transcript or the abridged copy of the decision or the protocol in which the decision is stated: Provided, That the grounds for such request shall be explained. |
| Article 27 (Request for Certificate concerning Matters Related to Case) |
The accused, the persons concerned with the case mentioned in Article 26 (1), the complainant, the accuser or the victim may request for delivery of a certificate concerning matters related to the case: Provided, That the proviso to Article 26 (2) shall apply mutatis mutandis to the request for such delivery made by the complainant, the accuser or the victim.
| Article 28 (Form of Transcript or Abridged Copy, etc.) |
In making the transcript or abridged copy (including the transcript or abridged copy prescribed in Article 26 (2)) stipulated in Article 45 of the Act or the certificate stipulated in Article 27, a court administrative officer, a junior administrative officer, a court chief clerk and a court senior clerk (hereinafter referred to as "Junior Administrative Officer") concerned shall sign and seal it with the statement that it is the transcript, abridged copy, or certificate concerning the matters related to the case.
| Article 29 (Citation in Protocol) |
Written papers, photographs, stenographic records, recordings, video recordings, transcripts of tape-recording, and other materials that the court deems reasonable may be cited in the protocol and become a part of the protocol by either being attached to the records of a trial or kept in an electronic form.
[This Article Wholly Amended by Supreme Court Regulation No. 2403, May 29, 2012]Article 29-2 (Handling Cases where Request for Alternation is Submitted or Objection is Raised)
Where a request for alternation is submitted or objection is raised under Article 54 (3) of the Act with regard to the statement of protocol, a Junior Administrative Officer shall prepare the protocol stating the date and summary of the application and the opinion of the presiding judge and attach it to the back of the protocol concerned. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 30 (Reading, etc. of Protocol) |
When the accused requests reading in accordance with Article 55 (2) of the Act, a Junior Administrative Officer shall read or replay the recordings or video recordings by order of the presiding judge. [This Article Wholly Amended by Supreme Court Regulation No. 2403, May 29, 2012]
| Article 30-2 (Request for Stenography, etc.) |
| (1) | The requests for stenography, recording or video recording (referring to that including the recording; hereinafter the same shall apply) shall be made by one week prior to the date of trial: Provided, That where a notice to designate the date of trial exists within less than one week from the designated date of trial, such request may be made by the following day after the notice is received. |
| (2) | If special grounds exist in spite of the requests by the accused, the defense counsel or the prosecutor, the stenography, recording or video recording may be omitted or may be made by other means different from those requested: Provided, That the presiding judge shall notify such effect during the trial. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 31 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 32 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 33 (Measures on Stenographic Records) |
In the case of stenography, the presiding judge shall have the Junior Administrative Officer cite the whole or part of the stenographic records in the protocol and making it a part of protocol by attaching it to the records of trial.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 34 (Confirmation of Person Who Makes Statement) |
When taking the procedure as set forth in Article 48 (3) of the Act or the proviso to Article 52 of the Act in the case of stenography, a Junior Administrative Officer or a person capable of stenography of the court or appointed by the court (hereinafter referred to as "stenographer, etc.") read the contents of the stenographic records or the person who has made statement peruse the stenographic records. [This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 35 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 36 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 37 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 38 (Making Recording Paper) |
| (1) | The presiding judge may, if deemed necessary, order a Junior Administrative Officer or a stenographer, etc. to prepare a transcript for the whole or a part of the contents recorded or video recorded. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | The presiding judge may have the Junior Administrative Officer cite the whole or a part of the transcript prepared under paragraph (1) to the protocol and making it a part of a protocol by attaching it to the records of trial. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 38-2 (Issuance of Copy of Stenographic Records, Recordings or Video Recording) |
| (1) | Notwithstanding Article 56-2 (3) of the Act, where the presiding judge deems it especially necessary in order to protect the privacy of the victim or prevent any harm to the victims, he/she may disallow the issuance of a copy of the stenographic records, recordings or video recordings or limit the scope of such issuance. |
| (2) | A person who receives a copy of the stenographic records, recordings or video recordings under Article 56-2 (3) of the Act shall not use such copy for the purpose, other than that for the relevant case or the performance of the relevant litigation |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 39 (Preservation and Destruction of Stenographic Records, etc.) |
Stenographic records, recordings, video recordings, or transcripts of tape-recording may be preserved in an electronic form and once the decision becomes final and conclusive, they shall be destroyed: Provided, That the same shall not apply where the stenographic records, recordings, video recordings, or transcripts of tape-recording have become a part of the protocol. <Amended by Supreme Court Regulation No. 2403, May 29, 2012>
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 40 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007>Article 40-2 Transferred to Article 40. <by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 41 (Special Rule on Signature) |
When a person who is not an public official shall write his/her signature but is unable to do so, another person shall do so on his/her behalf. In such cases, the person who has written signature by proxy shall state the ground therefor and affix his/her signature and seal or signature. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
| Article 42 (Scope of Jurisdiction of Court Prescribed in Article 60 of the Act) |
The jurisdiction of the court referred to in Article 60 (1) of the Act shall be the Special Metropolitan City, Metropolitan City, Si, or Gun (excluding Guns within a Metropolitan City) in which the relevant court is situated. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 43 (Decision to Order Service by Publication) |
The court shall, by a ruling, order ex officio the service by publication when it recognizes that there is a ground therefor.
| Article 44 (Extension of Statutory Period) |
| (1) | In case a person who is to conduct any acts in the litigation resides in the country side, the statutory period shall be extended by one day for each 100 km on the sea and for each 200 km on the land according to the distance between his residence or location of his office and the court site or the site of prosecutor's office. When the entire or remainder of the distance falls below the distance specified above, if it is over 50 km, then the period shall be extended by one day: Provided, That the court may extend the statutory period, in case of unavoidable circumstances such as the case of floods or other natural disasters, or in case of the existence of the reasonable causes for extension, taking the traffic and communications situations into account. |
| (2) | In case a person who is to conduct any acts in the litigation resides abroad, the days of the following subparagraphs shall be added to the statutory period in accordance with the locations of the countries of residence: |
| 1. | Asia and Oceania: 15 days |
| 2. | North America and Europe: 20 days |
| 3. | Central and South America and Africa: 30 days |
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
CHAPTER IX SUMMON AND DETENTION
| Article 45 (Reasonable Interval Summon) |
A writ of summons to the accused shall be served not later than 12 hours before the time of appearance, except for the case of Article 269 of the Act: Provided, That this shall not apply where the accused does not raise any objection.
| Article 46 (Matters to Be Stated in Warrant of Detention) |
The warrant of detention shall contain a description on, in addition to the matters prescribed in Article 75 of the Act, the resident registration number of the accused (the alien registration number in the case of a foreigner, and his/her date of birth and gender where the accused does not have any resident registration number or alien registration number or such numbers are unknown; hereinafter referred to as "resident registration number, etc.") and his/her occupation, and the reasons for detention under each subparagraph of Article 70 (1) of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2116, Oct. 29, 2007>
| Article 47 (Matters to Be Stated in Warrant of Detention Issued by Entrusted Judge or Presiding Judge, etc.) |
When the entrusted judge issues a warrant of detention according to Article 77 (3) of the Act, or a presiding judge or a member of the collegiate body of court issues a writ of summons or warrant of detention in accordance with Article 80 of the Act, the purport to that effect shall be entered in the writ of summons or warrant of detention.
| Article 48 (Sending of Warrant of Detention to Public Prosecutor) |
In case of execution of a warrant of detention under the direction of a public prosecutor, the court which issued the warrant shall send the original copy of the warrant of detention to the public prosecutor.
| Article 49 (Procedures after Execution of Warrant of Detention) |
| (1) | Where a person who is in charge of the execution of a warrant of detention executes the warrant, he/she shall state the time and place of the execution on the warrant of detention where the execution is completed, and the grounds where the execution is not carried out, and sign and seal it. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | Documents concerning the execution of a warrant of detention shall be submitted to the court which has issued the warrant through the public prosecutor or the entrusted judge who directed the execution. |
| (3) | Deleted. <by Supreme Court Regulation No. 2016, Oct. 29, 2007> |
| Article 49-2 (Procedures after Execution of Warrant of Detention for Custody) |
The presiding judge of the court to which the documents concerning the execution of a warrant of detention for arrest have been submitted shall have a Junior Administrative Officer write the time the accused was taken into custody on the warrant of detention. Where the accused is confined pursuant to Article 71-2 of the Act, the presiding judge shall state the place of confinement on the warrant of detention and sign and seal it. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 50 (Request for Delivery of Certified Copy of Warrant of Detention) |
| (1) | The accused, the defense counsel, the de jure agent of the accused, the special agent of the accused under Article 28 of the Act, spouse, lineal relatives and siblings of the accused may request the court which has issued the warrant of detention to deliver a certified copy of the warrant. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2016, Oct. 29, 2007> |
| (2) | In the case of paragraph (1), Article 26 (2) shall apply mutatis mutandis to the complainant, the accuser or the victim. |
| Article 51 (Notice of Detention) |
| (1) | When the accused has been detained, if there is no defence counsel of the accused or any person referred to in Article 30 (2) of the Act, the person designated by the accused shall be notified of the matters as provided in Article 87 (1) of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | The notice of detention shall be made in writing within at least 24 hours from the time of detention. If the notice has not been made due to non-existence of the persons referred to in paragraph (1) above, a statement on such circumstances shall be filed in the record. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (3) | In case of urgency, the detention, and the date, time, and location thereof may be notified by telephone, facsimile or other appropriate means: Provided, That the notice of detention shall be made in writing again. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 52 (Notice of Detention and Conduct Constituting Crime) |
In giving a notice under Articles 72 and 88 of the Act, the court or judge shall have a junior court administrator participate in preparing a protocol or have the accused or a suspect prepare a confirmation document or other documents.
| Article 53 (Request for Release on Bail, etc.) |
| (1) | A request for release on bail or a request for cancellation of detention shall contain a description on each of the following subparagraphs: |
| 2. | Name and resident registration number, etc. and residence of the accused under detention; |
| 3. | Description that such document is required for and description on the grounds thereof; |
| 4. | Name of the applicant and his/her relation to the accused under detention. |
| (2) | When a request for release on bail is submitted or a request for cancellation of detention made by the person, other than a public prosecutor is submitted, a copy thereof shall be attached thereto. |
| (3) | When the court seeks the opinion of a public prosecutor regarding release on bail or cancellation of detention under paragraph (1), it shall attach the copy referred to in paragraph (2). |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 53-2 (Submission of Statement, etc.) |
| (1) | The person requesting the release on bail may express his/her opinion on proper conditions of release on bail and submit prima facie evidence materials thereof. |
| (2) | In determining the conditions of release on bail, the person requesting the release on bail shall submit a document on the financial capacity or financial standing of the accused (where the accused is a minor, his/her legal representative, etc.) within the scope required to determine whether such conditions can be fulfilled under Article 99 (2) of the Act. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 54 (Submission of Records) |
| (1) | Where the court seeks a public prosecutor's opinion about release on bail, cancellation of detention, or suspension of execution of detention, the public prosecutor shall submit his/her written opinion, together with the trial documents and evidence, to the court without delay. In this case, unless any special ground exists, the public prosecutor shall submit them by the following day after receiving the request for his/her opinion. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | When a public prosecutor is asked to provide his/her opinion on the suitability of granting bail, he/she shall clearly state the grounds for his/her opinion where he/she deems that the granting bail is not suitable. <Added by Supreme Court Regulation No. 1508, Dec. 31, 1997> |
| (3) | Where he/she deems there is a reasonable ground to grant release on bail in cases under paragraph (2), he/she may express his/her opinions on the conditions of release on bail. <Added by Supreme Court Regulation No. 1508, Dec. 31, 1997; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 54-2 (Review of Release on Bail) |
| (1) | The court which has been requested for the release on bail shall without delay set the date and examine the accused in detention: Provided, That this shall not apply in any of the following cases: <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| 1. | When the release on bail has been requested for by a person other than the person entitled to make the request prescribed in Article 94 of the Act; |
| 2. | When the release on bail has been requested duplicately or repeatedly for the same accused; |
| 3. | When the accused has been given the opportunity to make favourable statements during the preparation of the trial or during the trial; |
| 4. | When it is clear from the documents already submitted whether to permit the release on bail or not. |
| (2) | The court which has set the dates for examination pursuant to paragraph (1) shall, without delay, notify the public prosecutor, the defense counsel, the requester for release on bail, and the heads of the agencies where the accused has been detained of the dates and location of the examination, and the heads of the agencies where the accused has been detained shall have the accused present at the examination. |
| (3) | The notice under paragraph (2) may be made by telephone, facsimile, email, mobile short message service or other appropriate means as well as in writing. In such cases, such notice may be proven by stating the contents in the examination records. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (4) | The accused, the defense counsel and the requester for release on bail may submit documents favourable to the accused. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (5) | The prosecutor, the defense counsel and the requester for release on bail may make appearance and make statements during the examination referred to in paragraph (1). |
| (6) | The court may request the accused, the defense counsel or the requester for release on bail to submit the necessary documents for determining the conditions of release on bail. <Added by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (7) | The court may have the examination of the accused conducted by a member of the collegiate body of judges. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
[This Article Added by Supreme Court Regulation No. 1067, Jun. 7, 1989]
| Article 55 (Time Limit for Ruling of Release on Bail, etc.) |
Unless special conditions exist, the court shall render a ruling concerning whether to permit the release on bail or to cancel the detention within seven days after accepting the request for release on bail or cancellation of detention.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 55-2 (Grounds for Dismissal of Request) |
The ruling not to permit the release on bail shall identify, in the grounds for such ruling, which subparagraph of Article 95 of the Act has become the ground for such ruling. [This Article Added by Supreme Court Regulation No. 1067, Jun. 7, 1989]
| Article 55-3 (Measures after Release on Bail) |
| (1) | When the accused released on the conditions of release on bail under subparagraph 3 of Article 98 of the Act execute the relevant conditions, the court may request the chief of a police station which has jurisdiction over the place of residence of the accused to investigate whether the accused complies with the restriction on residence and to take proper measures for the accused to comply with the conditions of release on bail. |
| (2) | When the court determines the conditions of release on bail under subparagraph 6 of Article 98 of the Act, it may request the head of the agency who manages the immigration control to prevent the accused from departing from the country. |
| (3) | The head of the public agencies or public offices requested to take necessary measures for the compliance of the conditions of release on bail under Article 100 (5) of the Act shall notify the court of the contents of such measures, progress, etc. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 55-4 (Notification for Change of Release on Bail) |
Where the court changes or determines to defer the performance of the conditions of release on bail after granting a release on bail, it shall notify the public prosecutor without delay. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
[This Article Added by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 55-5 (Violation of Conditions of Release on Bail and Fines for Negligence, etc. against Accused) |
| (2) | The procedure for trial on detention under Article 102 (3) of the Act shall commence according to the decision of commencement of trial on detention of the court. In such cases, when 20 days pass from the date when the ground for detention arises, the decision of commencement of trial on detention shall not be made. |
| (3) | Even after commencing the procedure for trial on detention, the court may determine non-publishment when the detention is considered unreasonable. |
| (4) | The accused shall not raise an objection to the decision of commencement of trial on detention under paragraph (2) and the decision of non-publishment under paragraph (3). |
| (5) | Articles 3, 6, 7-2, 8, 10, 11, 13, 15, 16, 18, 19, 21 through 23 and 25 (1) of the Regulations on Trials for Preserving Orders of Court, etc. concerning the procedure for detention under paragraphs (2) through (4) and Article 102 (3) and (4) of the Act. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 56 (Procedure of Re-confinement by Cancellation of Release on Bail, etc.) |
| (1) | When there is a ruling cancelling either release on bail or suspension of the execution of detention pursuant to Article 102 (2) of the Act, or when the period of suspension of execution of detention expires, the public prosecutor shall re-confine the accused by presenting a certified copy of the ruling of cancellation, or a certified copy of the ruling of suspension of the execution of detention: Provided, That in case of urgency, the presiding judge, the commissioned judge or the entrusted judge may direct the re-confinement. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | In cases under the proviso to paragraph (1), the judge may have a Junior Administrative Officer execute the re-confinement. In such cases, the Junior Administrative Officer may request the judicial police officer or the prison officer for assistance where necessary for the execution thereof, and may carry out the execution outside the jurisdiction. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 57 (Appeal, etc. and Ruling concerning Detention) |
| (1) | Any ruling on detention, renewal of the detention period, cancellation of detention, release on bail, cancellation of release on bail, suspension of execution of detention of the accused during the period of appeal with respect to a case at any appellate level of court shall belong to the court of original level until the record of trial arrives at the court of such appellate level. <Amended by Supreme Court Regulation No. 1508, Dec. 31, 1997> |
| (2) | The ruling as set forth in paragraph (1) above with regard to a case which is being transferred, returned after reversal or transferred after reversal shall belong the jurisdiction of the court which so transfers or returns the case until the record of trial arrives at the court to which the case is to be transferred or returned. |
CHAPTER X SEARCH AND SEIZURE
| Article 58 (Matters to be Stated in Warrant of Search and Seizure) |
The warrant of search and seizure shall contain a description on the grounds for such search and seizure. <Amended by Supreme Court Regulation No. 1441,Dec. 3, 1996>
| Article 59 (Provisions Applicable Mutatis Mutandis) |
The provisions of Article 48 above shall apply mutatis mutandis to a warrant of search or of seizure.
| Article 60 (Participation in Seizure and Search) |
| (1) | In case of search and seizure by the court, a Junior Administrative Officer shall participate therein. |
| (2) | When a Junior Administrative Officer or a judicial police officer conducts seizure and search upon the warrant thereof, any other Junior Administrative Officer or judicial police officers shall participate therein. |
| Article 61 (Making Certificate of Search and Inventory of Seized Properties) |
The Junior Administrative Officer who has participated in the seizure and search in accordance with Article 60 (1) above, or the person who has executed the warrant in accordance with Article 60 (2) above, shall make and deliver the certificate as referred to in Article 128 of the Act or the inventory as referred to in Article 129 of the Act.
| Article 62 (Description in Protocol of Seizure and Search) |
In case the certificate or the inventory as set forth in Article 61 above is delivered, or the disposal as stipulated in Article 130 of the Act is made in the course of seizure and search, a description shall be made in the warrant of seizure and search on such circumstances.
| Article 63 (Measures to Be Taken after Execution of Warrant of Seizure and Search) |
The documents on the execution of the warrant of seizure and search and the seized Articles shall be submitted to the court which has issued the warrant; provided,, in the case of execution under the command of a public prosecutor, the submission shall be made through the public prosecutor.
| Article 64 (Matters to Be Stated in Writ of Summons for Physical Examination of Accused) |
The writ of summons for physical examination of the accused shall contain a statement that he is summoned for physical examination.
| Article 65 (Matters to be Stated in Writ of Summons for Physical Examination of Person Other Than Accused) |
The writ of summons for physical examination of a person other than the accused shall contain a description on his name and domicile, the name of the accused and the crime, the date and place to appear and a statement that he is summoned for physical examination, and shall be signed and sealed by the presiding judge or the commissioned judge. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
CHAPTER XII EXAMINATION OF WITNESS
| Article 66 (Topics of Examination, etc.) |
A presiding judge, if he/she deems it necessary, may order, in advance, the person who requested for the examination of witness to submit a written list of topics for examination where it is deemed necessary for preventing the disclosure or leakage of personal information of the victim or witness or for the safety of the victim or accused.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 67 (Cancellation of Ruling) |
When the person who has received the order under Article 66 fails to submit the paper promptly, the court may cancel the ruling concerning evidence. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
| Article 67-2 (Method of Summon of Witness) |
| (1) | A witness under Article 150-2 (1) of the Act may be summoned by service of writ of summons, telephone, e-mail, facsimile, mobile short message service or other appropriate means. |
| (2) | A person who requests a witness shall make every effort for the attendance of a witness by confirming, in advance, the location, contact point, possibility of attendance and date of attendance of a witness and other necessary matters for the summons of a witness. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 68 (Matters to be Stated in Writ of Summons or Warrant of Detention) |
| (1) | The writ of summons for a witness shall contain a description on his/her name, the name of the accused and the crime, the date and place of appearance, and a statement that he/she may be imposed a fine for negligence, or ordered to compensate for the expenses incurred by his/her absence, or arrested if he/she fails to appear without justifiable grounds, shall be affixed a seal or signed and sealed by the presiding judge. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | The warrant of detention concerning a witness shall contain a description on his/her name, his/her resident registration number (or his/her date of birth if he/she does not have such number or it is unknown), his/her occupation and domicile, the name of the accused, the crime, the date and place to be detained, the date of issuance, the term of its validity and the statement to the effect that the warrant shall not be executed and be returned if the term of its validity expires, and shall be signed and sealed by the presiding judge. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 68-2 (Report on Absence) |
Where a witness is not able to attend on the trial date after receiving the request for attendance, he/she shall immediately report thereof to the court by explaining the ground for non-attendance.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 68-3 (Fines for Negligence, etc. to Witness) |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 68-4 (Detention of Witness) |
| (1) | The judicial proceedings for detention under Article 151 (2) through (8) of the Act shall commence according to the decision of commencement of judgement of detention by the court. In such cases, the court cannot decide the commencement of judgement of detention when 20 days pass from the date the ground for detention arises. |
| (2) | After commencement of judicial proceedings for detention, when a witness testifies or the detention of witness is recognized unreasonable prior to the decision of detention, the court shall decide the non-punishment of witness. |
| (3) | No objection shall be raised to the decision of commencement of judgement of detention under paragraph (1) and non-punishment under paragraph (2). |
| (4) | When a witness is released as provided for in Article 151 (7) of the Act, a presiding judge shall immediately notify the chief of the detention institution of such release in writing. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 69 (Provisions Applicable Mutatis Mutandis) |
Articles 48, 49 and the former part of Article 49-2 shall apply mutatis mutandis to the taking into custody of a witness. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
| Article 70 (Interval for Summons) |
A writ of summons for a witness shall be served not later than 24 hours before the date of appearance: Provided, That this shall not apply in case of an emergency.
| Article 70-2 (Measures against Failure of Service Delivery of Writ of Summons) |
Where a writ of summons to a witness provided for in Article 68 fails to be served, a person who applies for the witness shall correct the address of the witness in writing by the order of a presiding judge. In such cases, such person shall faithfully state it by investigating enough the location, contact point, possibility of attention of the witness. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 71 (Confirmation of Identity of Witness) |
The presiding judge shall confirm the identity of the witness by having him/her present his/her identification card such as his/her resident registration card, or through other appropriate means.
[This Article Wholly Amended by Supreme Court Regulation No. 2013, Mar. 23, 2006]
| Article 72 (Explanation of Effect of Oath) |
Where there is any doubt whether a witness is unable to understand the effect of oath, the court shall examine the witness in relation thereto, and explain the effect of oath, if necessary.
| Article 73 (Examination in Writing) |
When a witness cannot hear, questions may be made in writing and when he/she cannot speak, answers may be made in writing.
| Article 74 (Method of Examination of Witness) |
| (1) | The presiding judge shall have the witness make the statements concerning the matters to be proved as concrete and discrete as possible in the course of examination. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | Examination falling under any of the following subparagraphs shall not be made: Provided, That examination falling under subparagraphs 2 through 4 may be made when a reasonable ground exists: |
| 1. | Intimidating or insulting examination; |
| 2. | Examination overlapped in contents with the prior examination; |
| 3. | Examination to ask for an opinion or consultation; |
| 4. | Examination concerning the matters which the witness did not experience directly. |
| Article 75 (Main Examination) |
| (1) | The examination conducted in accordance with the former part of Article 161-2 (1) of the Act (hereinafter referred to as "Main Examination") shall be made with respect to such matters as are to be proved and other matters related thereto. |
| (2) | In the case of the Main Examination, a leading question shall not be made: Provided, That this shall not apply in any of the following cases: |
| 1. | Examination relating to preparatory matters which need to be discovered prior to the substantive examination, such matters as the relationship between the witness and the accused, the personal history of the witness, the social relationship and so on; |
| 2. | Examination relating to such matters as are clearly no controversary between the public prosecutor, the accused and the defense counsel; |
| 3. | When the witness shows either hostility or antipathy against the person who examines; |
| 4. | Examination on the previous statements made by the witness when the witness testifies to the contrary; |
| 5. | In case of any particular circumstances where a leading question is required. |
| (3) | The presiding judge shall prohibit a leading question which does not fall under any subparagraph specified in proviso of paragraph (2), and if he deems the method of leading question unreasonable, he may restrain it. |
| Article 76 (Cross-Examination) |
| (1) | The examination conducted in accordance with the second part of Article 161-2 (1) of the Act (hereinafter referred to as "cross-examination") shall be made with respect to such matters as uncovered by the main examination and any other matters related thereto. |
| (2) | A leading question may be made in cross-examination, if necessary. |
| (3) | If the presiding judge deems the method of leading question is unreasonable, he may restrain it. |
| (4) | Any party who wishes to examine the witness on the facts which have not been disclosed during the main examination shall obtain the presiding judge's permission. |
| (5) | The examination set forth in paragraph (4) shall be regarded as the main examination, in so far as such new facts are concerned. |
| Article 77 (Examination on Necessary Matters for Purpose of Impeaching Value of Testimony) |
| (1) | In the case of main or cross-examination, either party may examine on necessary matters for the purpose of impeaching the value of testimony. |
| (2) | The examination set forth in paragraph (1) shall be made with respect to the credibility of testimony such as the experience and memory of a witness, and the accuracy of his expression, and the reliability of a witness such as the interests, prejudice, presupposition of the witness: Provided, That such examination that injures the reputation of a witness shall not be made. |
| Article 78 (The Second Main Examination) |
| (1) | The public prosecutor, the accused or the defense counsel who has conducted the main examination may, after the cross-examination, re-examine the witness on such matters as have been examined on during the cross-examination and other matters related thereto (hereinafter referred to as "second main examination"). |
| (2) | The second main examination shall be conducted in the same way as in the main examination. |
| (3) | Article 76 (4) and (5) shall apply mutatis mutandis to the second main examination. |
| Article 79 (Re-examination upon Permission of Presiding Judge) |
The public prosecutor, the accused or the defense counsel may examine the witness upon the permission of a presiding judge, even after the main examination, the cross-examination, and the second main examination.
| Article 80 (Change of Order of Examination by Presiding Judge) |
| (1) | If the presiding judge has examined the witness before the examination by the public prosecutor, the accused, and the defense counsel in accordance with the first part of Article 161-2 (3) of the Act, Articles 75 through 79 above shall apply mutatis mutandis to the examination by the public prosecutor, the accused and the defense counsel, by dividing them to the party who requested for such examination and the other party. |
| (2) | If the presiding judge changes the order of examination in accordance with the second part of Article 161-2 (3) of the Act, he shall also determine the method thereof. |
| Article 81 (Ex Officio Examination of Witness) |
When the public prosecutor, the accused or the defense counsel examines the witness as mentioned in Article 161-2 (4) of the Act after the presiding judge has examined the witness, such examination shall be conducted in the same way as if it were a cross-examination.
| Article 82 (Examination relating Documents and Articles) |
| (1) | When an examination of a witness is conducted with respect to the formation, the identity or other relevant matters of documents or Articles, such documents or Articles may be showed to the witness. |
| (2) | When the documents or Articles as mentioned in paragraph (1) have not been examined as evidence, the court shall give the other party an opportunity to inspect them: Provided, That exceptions shall be made when such the other party does not raise any objection. |
| Article 83 (Case Necessary to Recall Memory) |
| (1) | When it is necessary to recall the memory of a witness with respect to the matters of which he does not have a clear memory, he may be examined by way of showing the relevant documents or Articles upon the permission of the presiding judge. |
| (2) | In case of paragraph (1) above, the contents of the documents shall not have an unreasonable influence on the statement of a witness. |
| (3) | The provision of Article 82 (2) above shall apply mutatis mutandis to paragraph (1) above. |
| Article 84 (Case Necessary to Clarify Testimony) |
| (1) | When it is necessary to clarify the statement of a witness, he may be examined by way of utilizing drawings, photographs, models or other facilities and apparatus. |
| (2) | The provision of Article 83 (2) above shall apply mutatis mutandis to paragraph (1) above. |
| Article 84-2 (Perusal, etc. of Protocol of Examination by Witness) |
A witness may request perusal, duplication, or copying of the protocol of examination of the witness concerning him/herself or the stenographic records, recordings, video recordings, or transcripts of tape-recording which were cited as a part of the protocol.
[This Article Wholly Amended by Supreme Court Regulation No. 2403, May 29, 2012]
| Article 84-3 (Company with a Person in Confidential Relationship) |
| (1) | A person in confidential relationship who may sit in company with a victim as provided for in Article 163-2 of the Act refers to the spouse, lineal relatives, siblings, family member, cohabitant, employer, lawyer, and other person who may help for the psychological stability of and smooth communications with the victim. <Amended by Supreme Court Regulation No. 2403, May 29, 2012> |
| (2) | In the application for the company as provided for in Article 163-2 (1) of the Act, the relationship between a person who intends to sit in company and the victim, the reason that the company is necessary and others shall be stated. |
| (3) | When a person who sits in company with the victim as provided for in Article 163-2 (1) or (2) of the Act unfairly impedes the progress of judgment, the presiding judge may suspend the company. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-4 (Decision on whether to Examine via Broadcast Equipment, etc. such as Video) |
| (1) | Where a witness to be examined is deemed to be any person provided for in subparagraphs 1 through 3 of Article 165-2 of the Act, the court shall, when deciding to examine the witness, also decide whether to examine the witness via broadcast equipment, such as video or shielding facility. In such cases, the decision shall be made in consideration of the age, mental or psychological condition of the witness at the time of testifying, method and result of crime and the attitude of the accused or persons interested in the case. |
| (2) | The court may decide to examine the witness via broadcast equipment, such as video or shielding facility even prior to or during the examination of the witness. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-5 (Method of Broadcast and Location of Testimonial Room) |
| (1) | When the court examines the witness via broadcast facility by broadcast equipment, such as video, as provided for in Article 84-4, it shall have the witness attend at the testimonial room, other than the court, in which broadcast equipment such as video is installed and examine the witness by a method that the presiding court of court room, the public prosecutor, the accused, the defense counsel and the witness in the testimonial room may recognize one another by receipt and transmission of image and sound: Provided, That where the meeting between the witness and the accused via broadcast equipment is deemed unreasonable for the protection of the witness, the presiding judge may suspend the operation of equipment by which the witness or the accused is able to recognize the other party with image, in consideration of the opinions of the public prosecutor and the defense counsel. |
| (2) | The testimonial room provided for in paragraph (1) shall be installed within the court and if necessary, it may installed in an appropriate place, other than the court. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-6 (Non-disclosure of Review) |
| (1) | Where the court examines a witness via broadcast facility by broadcast equipment, such as video or shielding facility, and it is deemed necessary for the protection of the witness, it may choose not to disclose such examination by its decision. |
| (2) | A witness summoned as witness and his/her family member may apply for the non-disclosure of examination of witness for the reason of protecting witness, etc. |
| (3) | The presiding judge shall, where the application provided for in paragraph (2) is filed, decide on whether to grant permission for the relevant application, to disclose the examination and the method and place of examination of the witness, such as the examination at the place other than the court room. |
| (4) | Even when the decision under paragraph (1) is made, the presiding judge may allow the judicial quasi-indictment procedure for a person who is deemed appropriate. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-7 (Company, etc. in Testifying Room) |
| (1) | Where the court examines a witness via broadcast facility by broadcast equipment, such as video, and allows a person in confidential relationship to sit in company with the witness provided for in Article 163-2 of the Act, it shall have such person sit in company with the witness in the testimonial room provided for in Article 84-5. |
| (2) | The court shall have a court staff assist with the operation of broadcast equipment and the procedure for examination of witness in the testimonial room. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-8 (Consideration for Witness) |
| (1) | Where a witness is examined as provided for in Article 165-2 of the Act, he/she may use a doll, picture or other proper tool to assist his/her testimony. |
| (2) | The witness under paragraph (1) may possess any goods selected by himself/herself, such as blankets, toys, and dolls, while making a testimony. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-9 (Shielding Facility) |
Where installing shielding facility in accordance with Article 165-2 of the Act, the court shall take necessary measures so that the accused and the witness cannot see each other. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 84-10 (Establishment and Operation of Witness Support Facilities) |
| (1) | Unless any extraordinary circumstances exist otherwise, the court shall establish facilities necessary for protecting and supporting witnesses within budgetary limits. |
| (2) | If the court has set up the facilities referred to in paragraph (1), it shall have an employee who takes charge of managing and operating the facilities and protecting and supporting witnesses within budgetary limits. |
[This Article Added by Supreme Court Regulation No. 2403, May 29, 2012]
CHAPTER XIII EXPERT EXAMINATION
| Article 85 (Matters to Be Stated in Warrant of Confinement for Expert Examination) |
| (1) | A warrant of the confinement for expert examination shall include a description of the name, resident registration number, occupation, domicile of the accused, the crime, the summary of criminal facts, the place and period of confinement, the purpose of expert examination, period of validity of the warrant and a statement to the effect that such warrant may not be executed and shall be returned after expiration of such period of validity, and shall be signed and sealed by the presiding judge or commissioned judge. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | Reduction or extension of the period of confinement or the change of the place of confinement for the purpose of expert examination shall be determined by a ruling. |
| Article 86 (Method of Request for Custody) |
The request under the provision of Article 172 (5) of the Act shall be made in writing by stating the reasons for custody of the accused. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 87 (Payment of Expenses) |
| (1) | The court, when confining the accused to a hospital or any places for the purpose of expert opinion, shall pay hospital charges and the expenses necessary to accommodate him upon the request of the manager thereof. |
| (2) | The expenses as set forth paragraph (1) above shall be determined by a ruling of the court. |
| Article 88 (Provisions Applicable Mutatis Mutandis) |
Provisions regarding detention shall apply mutatis mutandis to the confinement of the accused for the purpose of expert opinion, when there are no other special provisions: Provided, That the provisions regarding release on bail shall not apply mutatis mutandis hereto.
| Article 89 (Matters to Be Stated in Warrant of Permission) |
| (1) | The warrant of permission for any necessary disposition for expert examination shall, in addition to the matters mentioned in Article 173 (2), contain a description on the occupation of an expert witness, a statement to the effect that the disposition permitted cannot be commenced if the effective period expires and the warrant shall be returned, and the date of issuance, and shall be signed and sealed by the presiding judge or a commissioned judge. |
| (2) | When the court adds some conditions with regard to the above permission, the conditions shall be entered in the warrant as set forth in paragraph (1) above. |
| Article 89-2 (Supplying of Materials) |
In case of necessity, the presiding judge may supply the expert witness with the materials filed in the trial records which could be useful in the examination.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 89-3 (Explaining of Written Expert Opinion) |
| (1) | If the written expert opinion is explained in accordance with the provision of Article 179-2 (2) of the Act, the public prosecutor, the accused or the defense counsel shall be present. |
| (2) | The summary of the explanation of paragraph (1) above shall be stated in the protocol. |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 90 (Provisions Applicable Mutatis Mutandis) |
The provisions of Chapter XI except for the provisions regarding arrest shall apply mutatis mutandis to expert examination.
CHAPTER XIV PRESERVATION OF EVIDENCE
| Article 91 (Judges in Charge of Preservation of Evidence) |
| (1) | A request for preservation of evidence shall be filed with a judge of district court having jurisdiction over one of the following districts: |
| 1. | With regard to seizure, the site where Articles to be seized are located; |
| 2. | With regard to search or inspection, the place of search or inspection, or the site where the body or Articles are located; |
| 3. | With regard to the examination of a witness, the place of residence or presence of the witness; and |
| 4. | With regard to expert examination, the place in which the object for expert examination is located or present. |
| (2) | Notwithstanding the provision of paragraph (1) 4, a request for expert examination may be filed with a judge of district court, the expert examination before whom is more convenient. |
| Article 92 (Form of Request) |
| (1) | The following shall be written in the request for preservation of evidence: |
| 3. | Kinds of evidence and the method of preservation; |
| 4. | Reasons for the necessity of preservation of evidence. |
| (2) | Deleted. <by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
PART II PROCEEDINGS AT THE FIRST INSTANCE
| Article 93 (Form of Request for Warrants) |
| (1) | The request for warrants shall be made in writing. |
| (2) | In the request for a warrant of arrest and detention, a written statement of summary of the crime (or, in the case of requests for multiple warrants, the corresponding number of statements) shall be enclosed. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (3) | In the request for a warrant of seizure, search or inspection, a written statement detailing the summary of crime, and the place and the articles subject to seizure, search or inspection (or, in the case of requests for multiple warrants, the corresponding number of statements) shall be enclosed. <Added by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 94 (Form of Warrants) |
The warrant issued upon the request by the public prosecutor shall contain a description on the name of the requesting public prosecutor and the statement to the effect that a warrant is issued upon the request of the public prosecutor. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 95 (Matters to be Stated in Request for Warrant of Arrest) |
In the request for a warrant of arrest, the matters of the following subparagraphs shall be stated:
| 1. | Name (or, in case of uncertainty, facial description, physical size and other characteristics which could identify the suspect), resident registration number, occupation and domicile of the suspect; |
| 2. | Name of the defense counsel for the suspect, if any; |
| 4. | If a validity period thereof for more than seven days is required, the intention for such validity and appropriate reasons; |
| 5. | In the case of the request for multiple warrants, the intention for such warrants and appropriate reasons; |
| 8. | If a warrant of arrest was requested for or issued to a suspect for the same crime, the intention of requesting for such warrant again and appropriate reasons; |
| 9. | If a warrant of arrest issued to a suspect for other crime which is under investigation is still valid and effective, the intention and the crime. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 95-2 (Matters to be Stated in Request for Warrant of Detention) |
In the request for a warrant of detention, the matters of the following subparagraphs shall be stated:
| 1. | Matters provided for in subparagraphs 1 through 6 of Article 95; |
| 3. | Whether the suspect has been arrested, and, in the case of arrest, the manner of arrest; |
| 4. | Where the suspect has informed a designated person of the reasons for arrest, etc. under Articles 200-6 and 87 of the Act, the name and contact point of such person. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 96 (Submission, etc. of Materials) |
| (1) | The request for a warrant of arrest shall be accompanied by any material supporting the reasons for arrest and the need for arrest. |
| (2) | In case of a request for a warrant of detention of a person who has been arrested under a warrant of arrest or as a flagrant offender, the material as listed in the following subparagraphs shall be submitted in addition to the material provided for in Article 201 (2) of the Act: |
| 1. | The warrant of arrest if the suspect has been arrested under a warrant of arrest; and |
| 2. | The documents containing a description that the suspect has been arrested as a flagrant offender stating as well as the time and place of the arrest. |
| (3) | The persons as provided for in Article 214-2 (1) of the Act may submit any favourable material to the judge who has been requested for a warrant of arrest or detention. |
| (4) | Where there is a defect in matters to be stated in a request for warrant, the judge may request the public prosecutor who has made the request for warrant to correct it by telephone or other expeditious means. <Added by Supreme Court Regulation No. 1508, Dec. 31, 1997> |
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-2 (Need for Arrest) |
The judge who has been requested for a warrant of arrest shall, even if he deems that there are any reasons for arrest, dismiss such request when there is no clear need for arrest, such as when, in light of the age, career, family status, social relationship of the suspect, seriousness and manner of the crime, and any other relevant circumstances, the suspect is unlikely to run away or destroy the evidence.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-3 (Change of Place for Custody and Confinement) |
The public prosecutor may request the judge to change locations of custody and confinement accompanied by an arrest warrant after having an arrest warrant issued and before arresting a suspect.
[This Article Added by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 96-4 (Renewal of Arrest Warrant) |
Where it is deemed necessary to extend the validity period of an arrest warrant, the public prosecutor shall make a request for arrest warrant again by providing prima facie proof.
[This Article Wholly Amended by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 96-5 (Appointment of Judges Exclusively in Charge of Warrants) |
The chief judge of a district court or branch court may appoint the judge exclusively in charge of the warrants to review the requests for a warrant of detention.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-6 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-7 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-8 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-9 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-10 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-11 (Confinement of Suspect who has made Compulsory Appearance) |
| (1) | Where a suspect who has made a compulsory appearance is confined by the execution of a detention warrant for making a compulsory appearance, the junior administrative officer shall take appropriate measures to prevent the suspect's flight. |
| (2) | Where the suspect under paragraph (1) is confined to any place other than the court, the judge shall state the place of confinement in the detention warrant for making a compulsory appearance, sign and seal it, and deliver it. |
[This Article Added by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 96-12 (Determination and Notice of Examination Date) |
| (1) | Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | The examination for a suspect other than the arrested suspect shall be scheduled at the earliest possible date after the day on which the suspect is turned into the court, in consideration of the time required for the notification of the examination date to the persons concerned and his/her appearance therein. <Added by Supreme Court Regulation No. 1508, Dec. 31, 1997> |
| (3) | The notice of examination date shall be made in writing, by telephone, facsimile, email, mobile short message service or by other expeditious means. In such cases, such notice may be proven by stating the details in the examination records. <Amended by Supreme Court Regulation No. 1508, Dec. 31, 1997; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-13 (Suspect Examination Procedures) |
| (1) | The judge may proceed with the examination procedures without attendance of a suspect, if the suspect refuses to attend the examination or is unable to so attend due to illness or other causes and if is deemed impossible to have the suspect make a compulsory appearance for examination. |
| (2) | If the suspect refuses to attend the examination, the relevant public prosecutor shall prepare and submit to the judge a statement on the refusal to attend by the suspect and the grounds therefor. |
| (3) | Where the examination is conducted in compliance with paragraph (1), opinions of both the public prosecutor and the defense counsel present at the examination may be sought, and the grounds for detention may be investigated through appropriate methods, such as investigation records. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 96-14 (Examination in Camera) |
The procedures of examination of the suspect shall not be open to the public: Provided, That the judge may allow attendance by the interested parties such as relatives of the suspect and the victims on the reasonable grounds.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-15 (Place of Examination) |
Examination of the suspect shall take place within the jurisdiction of the court: Provided, That in the case of refusal to attend by the suspect, or his/her inability to attend due to illness or other causes, such examination may take place at the police station, detention house or other appropriate places.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 96-16 (Procedures on Examination Date) |
| (1) | The judge shall notify the suspect of the crimes stated in the request for a warrant of detention, and inform the suspect that he/she may refuse to make statements or to make statements of individual questions or may make favourable statements. |
| (2) | The judge shall promptly and briefly conduct the examination on matters necessary to determine whether to detain the suspect. Also, the judge may conduct the examination on such personal matters as the career, family relationship or social relationship of the suspect as required for the determination of the possibility of running away or destruction of evidence by the suspect. |
| (3) | The public prosecutor and the defense counsel may state their opinions after the judge finishes his/her examination of the suspect; provided,, if it is necessary, they may state their opinions even during the examination after obtaining permission from the judge. |
| (4) | The suspect may seek the support of the defense counsel even during the examination by the judge. |
| (5) | The judge may examine the victim or other third parties present at the place of examination, if it is necessary for the rulings on the request for a warrant of detention. |
| (6) | The legal representative, spouse, lineal relative, sibling or family member, cohabitant, employer of the suspect for whom the warrant of arrest was requested, may state their opinions on the case with permission of the judge. |
| (7) | The judge may, if necessary for the examination, have the escort police officers and other persons leave the court room and proceed with the examination. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 96-17 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 96-18 (Entry of Processing Time) |
Where the judge to whom a request for detention warrant has been made examines the suspect, the junior administrative officer shall enter the time of receipt and return of a request for detention warrant, investigationrelated documents and exhibits in the detention warrant: Provided, That with respect to a suspect other than the arrested suspect, the time of return thereof shall be entered.
[This Article Added by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 96-19 (Issuance and Notification of Warrant) |
| (1) | A public prosecutor shall make a notification referred to in Article 204 of the Act where any of the following cases arises: |
| 1. | Where he/she does not or fails to arrest or detain a suspect; |
| 2. | Where he/she releases a suspect due to a termination of the period for request of detention warrant after his/her arrest or a termination of detention period after his/her detention; |
| 3. | Where he/she releases a suspect due to a cancellation of arrest or detention; |
| 4. | Where an execution of arrest warrant against a National Assemblyman who has been arrested has been suspended on the request for release referred to in Article 44 of the Constitution; |
| 5. | Where an execution of detention is suspended. |
| (2) | The notification under paragraph (1) shall include the following matters: |
| 2. | Where it falls under any cause of subparagraphs of paragraph (1) and paragraph (1) 2 through 5, the date on which such cause occurs; |
| 3. | Date of issue of warrant and warrant number. |
| (3) | Where it falls under paragraph (1) 1, notification shall be accompanied by an original of the arrest warrant or detention warrant. |
[This Article Added by Supreme Court Regulation No. 1508, Dec. 31, 1997]
| Article 96-20 (Interview, etc. of Defense Counsel) |
| (1) | Defense counsel may interview the suspect to whom the warrant of detention is requested before the examination begins. |
| (2) | The judge of the district court may designate the time for interview between the defense counsel and the suspect in consideration of the number of suspects to be examined, the characteristics of the case, etc. |
| (3) | The judge of the district court may request the public prosecutor or judicial police officer to take necessary actions for the interview referred to in paragraph (1). |
[This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 96-21 (Perusal of Request for Detention Warrant and Prima Facie Evidence Materials) |
| (1) | Any defense counsel to participate in the examination of the suspect may peruse the request for detention warrant filed to the judge of the district court, the complaint, written accusation and the statement of the suspect and the documents submitted by the suspect which are attached to such request. |
| (2) | Where a possibility exists that the investigation is interfered with due to the possibile destruction of evidence or runaway of the suspect, the public prosecutor may submit his/her opinion on the restriction of the perusal of the prescribed documents referred to in paragraph (1) (excluding the request for a warrant of confinement), and if the opinion of the public prosecutor is deemed reasonable, the judge of the district court may restrict the perusal of the whole or part of the documents. <Amended by Supreme Court Regulation No. 2376, Dec. 30, 2011> |
| (3) | The judge of the district court may designate the time and place of the perusal referred to in paragraph (1). |
[This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 96-22 (Change of Examination Dates) |
The judge, where he/she is unable to examine the suspect on the designated examination date due to any special ground, may change the examination date.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 97 (Request for Extension of Period of Detention) |
| (1) | The request for extension of the period of detention shall be filed in writing. |
| (2) | The request mentioned in paragraph (1) above shall contain a statement on the reason to continue the investigation and the period to be extended. |
| Article 98 (Calculation of Extended Period of Detention) |
In case the extension of the period of detention has been permitted, the extended period shall count from the next date of the date on which the period of detention as stipulated in Article 203 of the Act has expired.
| Article 99 (Request for Warrant of Re-arrest or Re-detention) |
| (1) | The request for a warrant of re-arrest shall contain a description that a warrant of re-arrest is requested for as well as the grounds for re-arrest provided for in Article 200-2 (4) of the Act and the causes of re-arrest provided for in Article 214-3 of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | The request for a warrant of re-detention shall include a description that a warrant of re-detention is requested for as well as the grounds for re-detention provided for in Articles 208 (1) and 214-3 of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (3) | Articles 95, 95-2, 96, 96-2 and 96-4 shall apply mutatis mutandis to the request for a warrant of re-arrest or redetention, or the review thereof. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2016, Oct. 29, 2007> |
| Article 100 (Provisions Applicable Mutatis Mutandis) |
| (1) | Articles 46, 49 (1) and 51 shall apply mutatis mutandis to the arrest or detention of the suspect by a public prosecutor or a judicial police officer: Provided, That the warrant of arrest shall contain a description on the grounds for arrest provided for in Article 200-2 (1) of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | In the case of dismissal of the request for a warrant of detention for the suspect who has been arrested by the warrant of arrest or arrested as a flagrant offender, Article 200-4 (2) of the Act shall apply mutatis mutandis. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 101 (Request, etc. for Delivery of Certified Copy of Warrant by Applicant for Review on Legality of Arrest or Detention) |
The suspect for whom a warrant of detention was requested or who was arrested or detained, his/her defense counsel, legal representative, spouse, lineal relative, sibling, cohabitant or employer may request the public prosecutor, the judicial police officer, or the Junior Administrative Officer who maintains the documents of emergency arrest, the documents of arrest for flagrant offender, the warrants of arrest or detention or the request thereof, to issue a certified copy thereof.
| Article 102 (Matters to be Stated in Request for Review on Legality of Arrest or Detention) |
The request for review on the legality of arrest or detention shall contain a description on each of the following subparagraphs:
| 1. | Name and resident registration number, etc. and residence of the suspect under arrest or detention; |
| 2. | Date of arrest or detention; |
| 3. | Description that such document is required for and description on the grounds thereof; |
| 4. | Name of the applicant and his/her relation to the suspect under arrest or detention. |
| Article 103 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 104 (Notification of Date of Examination and Submission of Documents Related to Investigation) |
| (1) | The court which has been requested to review the legality of arrest or detention shall immediately notify the date and place of examination to the applicant, the defense counsel, the public prosecutor and the head of the authority which keeps the suspect in custody (police station, correctional institution or detention house, etc.). <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | The public prosecutor or judicial police officer who conducts the investigation shall submit the documents related to investigation and evidence to the court by the examination date referred to in paragraph (1), and the head of the authority where the suspect is being detained shall have the suspect present during the examination dates. The Junior Administrative Officer shall state the time of receipt and return of the documents related to investigation and evidence on the cover of the case record for the request for review of the legality of arrest. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (3) | Article 54-2 (3) above shall apply mutatis mutandis to the notification under paragraph (1). <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 104-2 (Provisions to be Applied Mutatis Mutandis) |
Article 96-21 shall apply mutatis mutandis to the defense counsel of the suspect who has applied for the review on legality of arrest or detention.
[This Article Added by Supreme Court Regulation No. 2038, Aug. 17, 2006]
| Article 105 (Procedures on Examination Date) |
| (1) | The public prosecutor, the defense counsel and the requester who are present during the examination in compliance with Article 214-2 (9) of the Act may state their opinions after the judge finishes his/her examination of the suspect; provided,, if it is necessary, they may state their opinions even during the examination after obtaining permission from the judge. |
| (2) | The suspect may seek the support of the defense counsel even during the examination by the judge. |
| (3) | The suspect under arrest or detention, the defense counsel, and the requester may submit materials in favor of the suspect. |
| (4) | The court may order the examination of the suspect to a member of the collegiate body. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 106 (Time Limits for Rulings) |
The rulings on the request for review of the legality of arrest or detention shall be made within 24 hours from the examination of the suspect under arrest or detention. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 107 (Matters to be Stated in Request for Warrant of Seizure, Search or Inspection) |
| (1) | The request for a warrant of seizure, search or inspection shall include the following: <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007; Supreme Court Regulation No. 2376, Dec. 30, 2011> |
| 1. | Matters provided for in Article 95 (1) 1 through 5; |
| 2. | Articles to be seized and the place, bodies or articles to be searched or inspected; |
| 3. | Grounds for seizure, search or inspection; |
| 4. | In cases of the need for seizure, search or inspection before dawn or after sunset, statements to that effect and appropriate reasons; |
| 5. | In cases of making a request under Article 216 (3) of the Act, the date and place of seizure, search or inspection without warrant; |
| 6. | In cases of making a request under Article 271 (2) of the Act, the date and place of arrest and the date and place of seizure, search or inspection without warrant; |
| (2) | The request for a warrant of inspection which includes physical examination shall include a description on the reason therefor and the gender and health of a person who is to take a physical examination as well as the matters set forth for in paragraph (1). |
| Article 108 (Submission of Materials) |
| (1) | When a request stipulated in Article 215 of the Act is filed, the materials which show that the suspect is worth being suspected of having committed a crime and the seizure, search or inspection in necessary and his/her relevance to the incident concerned shall be submitted. <Amended by Supreme Court Regulation No. 2376, Dec. 30, 2011> |
| (2) | When filing a request for a warrant of searching the body, articles, dwelling or any other place of a person other than the suspect, the materials which warrants the belief that there exist articles to be seized shall be submitted. |
| Article 109 (Provisions Applicable Mutatis Mutandis) |
Articles 58 and 62 above shall apply mutatis mutandis to seizure and search conducted by a public prosecutor or a judicial police officer, and Articles 64 and 65 shall apply mutatis mutandis to inspection conducted by a public prosecutor or a judicial police officer.
| Article 110 (Participation in Seizure, Search and Inspection) |
The persons prescribed in Article 243 of the Act shall be allowed to participate in seizure, search and inspection conducted by a public prosecutor or a judicial police officer.
| Article 111 (Matters to be Entered in Request for Interrogation of Witness prior to Date of First Trial Day) |
The request for interrogation of a witness referred to in Article 221-2 of the Act shall contain each of the following matters: | 1. | The name, occupation and dwelling of a witness; |
| 2. | The name of a suspect or a defendant; |
| 3. | The name of a crime and major points of the criminal fact; |
| 5. | Matters to be interrogated; |
| 6. | Facts meeting the requirements of request for interrogation of a witness; |
| 7. | If a suspect or a defendant has a defender, his or her name. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 112 (Notification of Examination of Witness) |
If the judge examines the witness under Article 221-2 of the Act, the accused or suspect or the defense counsel shall be notified, as well as the examination date and place, that they may participate in the examination. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> [This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 113 (Matters to Be Stated in Request for Warrant of Confinement for Expert Examination) |
The request for a warrant of confinement for expert examination under Article 221-3 of the Act shall include the following descriptions: <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> | 1. | Matters provided for in Article 95 (1) 1 through 5; |
| 2. | Place and period of confinement; |
| 3. | Purpose of and ground for expert examination; |
| 4. | Name and occupation of examiner. |
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 114 (Matters to Be Stated in Request for Permission of Necessary Measures for Expert Examination) |
The request for permission of any measures under Article 221-4 of the Act shall include each of the following descriptions: | 1. | Matters provided for in Article 173 (2) of the Act: Provided, That, in case of uncertainty with regard to the name of the suspect, facial description, physical size and other characteristics which could identify the suspect shall be stated; |
| 2. | Matters provided for in subparagraphs 2 through 5 of Article 95; |
| 3. | Grounds for necessary measures for the expert examination. |
[This Article Wholly Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 115 (Provisions Applicable Mutatis Mutandis) |
| Article 116 (Submission of Materials regarding Family Relationship by Complainant) |
| (1) | In the case of complaint in accordance with Articles 225 through 227 of the Act, documents proving the family relationship between the complainant and the victim shall be submitted, and in the case of complaint in accordance with Article 229 of the Act, documents proving that the marriage is nullified or an action for divorce is instituted, shall be submitted. |
| (2) | When a complainant who has been designated by the public prosecutor makes a complaint in accordance with Article 228 of the Act, documents proving the facts regarding such designation shall be submitted. |
CHAPTER II PUBLIC PROSECUTION
| Article 117 (Necessary Matters to be Stated in Indictment) |
| (1) | The indictment shall include a description under each of the following subparagraphs, in addition to the matters provided for in Article 254 (3) of the Act: <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996; Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| 1. | Resident registration number, occupation, domicile and place of registration of the accused; provided,, if the accused is a corporation, the office, and name and address of the representative; |
| 2. | Whether the accused is detained. |
| (2) | When the matters mentioned in paragraph (1) 1 are not clear, the gist to such effect shall be written. |
| Article 118 (Documents to be Attached to Indictment) |
| (1) | The indictment shall be enclosed with the letter of appointment of a defense counsel or the report of an assistant where the defense counsel has been appointed or the assistant has been reported prior to the institution of public prosecution, a certified copy of a ruling regarding appointment of a special proxy where the special proxy has been appointed prior to the institution of public prosecution, and the warrant of arrest, the warrant of emergency arrest, the warrant of detention or any other documents relating to detention where the accused is under detention when the public prosecution has been instituted or the accused is released subsequent to arrest or detention, shall be attached. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | Documents or any other Articles, except for the documents provided for in paragraph (1) above, which may cause the court to create presupposition on the case shall not be attached to and their contents shall not be quoted in an indictment. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 119 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 120 (Notification to Requester for Judicial Quasi-indictment Procedure) |
The court shall, when receiving a request for judicial quasi-indictment procedure, notify thereof to the suspect and the requester within 10 days from the date of receiving such request.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 121 (Method of Cancellation of Request for Judicial Quasi-indictment Procedure and Notification Thereof) |
| (1) | The cancellation stipulated in Article 264 (2) of the Act shall be submitted in writing to the high court having jurisdiction: Provided, That if the record of the case has not been sent to the high court having jurisdiction, the cancellation shall be submitted to the chief prosecutor of the district prosecutor's office or its branch office which keeps the record. |
| (2) | A Junior Administrative Officer of the high court which receives the written cancellation mentioned in paragraph (1) shall immediately make notification thereof to the suspect and the chief prosecutor of high prosecutor's office. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 122 (Decision of Request for Judicial Quasi-indictment Procedure and Statement of Reason) |
When deciding the institution of public prosecution under Article 262 (2) 2 of the Act, the crime and the reason shall be stated so that the facts prosecuted may be specified. [This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 122-2 (Scope of Expenses to be Paid to State) |
| 1. | Daily allowance, travel expense, accommodations charge, interpretation fee and translation fee to be paid to witness, expert witness, interpreter and translator; |
| 2. | Travel expense of judge, Junior Administrative Officer, etc. for on-the-spot inspection; |
| 3. | Other expenses incurred in progressing the procedure, such as payment for service made by the court for the examination of the request for judicial quasi-indictment procedure. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 122-3 (Procedure for Paying Expenses to State) |
| (2) | Where the amount is not indicated in the judgment ordering the payment of expenses provided for in paragraph (1), the public prosecutor who directed the execution shall calculate such amount. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 122-4 (Scope of Expenses to be Paid to Suspect) |
| 1. | Daily allowance, travel expense and accomodations charge which are necessary for attendance of suspect or defense counsel; |
| 2. | Retainer fee paid or to be paid by suspect to defense counsel; |
| 3. | Other expenses which the court deems necessary for the exercise of defense right of the suspect as those paid by the suspect during the process of request for judicial quasi-indictment procedure. |
| (2) | In calculating the expenses provided for in paragraph (1) 2, where the number of defense counsel is one or more to whom the retainer fee was paid or is to be paid, the highest fee shall be the upper limit. |
| (3) | Retainer fees provided for in paragraphs (1) and (2) shall be reasonably determined by comprehensively taking into account the nature of case, level of difficulty, period spent on investigation, level of efforts made by the defense counsel in the defense activity and others. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 122-5 (Procedure for Payment of Expenses to Suspect) |
| (1) | Where a suspect makes applications as provided for in Article 262-3 (2) of the Act, he/she shall submit the statement detailing the following matters to the court having the jurisdiction over the case of request for judicial quasi-indictment procedure: |
| 1. | Case number of request for judicial quasi-indictment procedure; |
| 2. | Suspect and requester for judicial quasi-indictment procedure; |
| 3. | Amount actually paid or to be paid by suspect during the progress of request for judicial quasi-indictment procedure and its purpose; |
| 4. | Amount to be requested for payment to the requester for judicial quasi-indictment procedure and the reason. |
| (2) | In submitting the statement provided for in paragraph (1), the suspect shall also submit the statement of expenses and other statement required for explaining the expenses and copies thereof corresponding to the number of the accused. |
| (3) | The court shall serve a copy of the statement provided for in paragraphs (1) and (2) to the requester for judicial quasi-indictment procedure and such requester may submit his/her opinion thereof within 10 days from the date the above statement is served. |
| (4) | The court may, where it is deemed necessary, request the suspect or defense counsel to submit necessary data for the review of amount of expenses and examine the requester for judicial quasi-indictment procedure, suspect or defense counsel. |
| (5) | The payment order of expenses shall indicate the suspect, the requester for judicial quasi-indictment procedure and the amount to be paid. The reason for ordering the payment of expenses shall not be stated unless it is specially deemed necessary. |
| (6) | The payment order of expenses shall be served to the suspect and the requester for judicial quasi-indictment procedure and the period of immediate appeal provided for in Article 262-3 (3) of the Act shall commence from the date the suspect or the requester for judicial quasi-indictment procedure is served the written payment order of expenses. |
| (7) | With respect to the compulsory execution under the Civil Execution Act, the original copy of final payment order of expenses shall have the same effect as the original copy of judgment with executive force in the civil proceedings |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
Section 1 Preparation and Procedure of Trial
| Article 123 (Timing of Service of Writ of Summons for First Trial Date) |
The Writ of Summons for the first trial date shall not be served to the defendant before a copy of the indictment referred to in Article 266 of the Act is served.
| Article 123-2 (Application for Perusal and Copying of Documents maintained by Public Prosecutor after Institution of Public Prosecution) |
| 1. | Case number, case name and the accused; |
| 2. | Relationship between the applicant and the accused; |
| 3. | Data subject to perusal or copying. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-3 (Video Recording, Perusal and Copying) |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-4 (Application for Perusal and Copying to Court) |
| 1. | List of documents to be perused or copied; |
| 2. | Reason for needing perusal or copying. |
| (2) | The application under paragraph (1) shall attach the documents falling under any of the following subparagraphs: |
| 2. | Public prosecutor's notice prohibiting perusal or copying or limiting its scope: Provided, That where the public prosecutor does not notify in writing, the statement of such reason; |
| 3. | One copy of application. |
| (3) | In the case of the application provided for in paragraph (1), the court shall immediately send a copy of the application to the public prosecutor and the public prosecutor may propose his/her opinion thereof. |
| (4) | Paragraphs (1), (2) 1 and (3) shall apply mutatis mutandis to the application of the public prosecutor provided for in Article 266-11 (3) of the Act. In the case of the application of the public prosecutor, the court shall immediately send a copy of the application to the accused or defense counsel and the accused or defense counsel may propose his/her opinion thereof. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-5 (Perusal and Copying on Preparatory Hearing Date or Trial Date) |
| (1) | The public prosecutor, the accused or the defense counsel may orally apply for perusal or copying of the documents, etc. provided for in Articles 266-3 and 266-11 of the Act to the counter party by obtaining the approval of the court on the preparatory hearing date or trial date. |
| (2) | When the counter party refuses the perusal or copying of the documents, etc. on the preparatory hearing date or trial date or limits its scope, the court may make a decision under Article 266-4 (2) of the Act. |
| (3) | The application and decision provided for in paragraphs (1) and (2) shall be stated in the protocol of the preparatory hearing date or trial date. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-6 (Special Cases concerning Notification, etc. of Judgment) |
The court may request the public prosecutor, the accused or the defense counsel for their opinion related to preparation of trial or notify the decision by telephone, facsimile, email, mobile short message service or by other appropriate means as well as in writing.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-7 (Arrangement of Issues) |
| (1) | When the case is referred to the preparatory procedure for trial, the public prosecutor shall disclose the facts which he/she will prove and apply for evidence to be used in proving them. |
| (2) | The accused or the defense counsel shall express opinion of the facts proved and the application for evidence by the public prosecutor and apply for the allegations of matters of facts and points of law concerning the facts prosecuted and evidence thereof. |
| (3) | Where it is necessary, the public prosecutor, the accused or the defense counsel may express necessary opinion of the allegation and application for evidence of a counter party and apply for evidence thereof. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-8 (Establishment of Plan for Examination) |
| (1) | When the case is referred to the preparatory procedure for trial, the court shall establish the plan for examination required for the concentrated examination. |
| (2) | Unless any special condition exists, the public prosecutor, the accused or the defense counsel shall, en bloc, apply for necessary evidence during the preparatory procedure for trial. |
| (3) | The court may order a person who applies for the witness to prepare necessary matters for the examination of the witness, such as location, contact point, possibility of attendance and date of attendance of the witness. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-9 (Preparation of Trial on Date other than Trial Date) |
| (1) | The presiding judge may have the public prosecutor, the accused or the defense counsel prepare, in advance, necessary matters for the progress of preparatory procedure for trial within a fixed period or order other matters to be taken for the preparation of trial. |
| (3) | The statement provided for in paragraph (2) shall include necessary matters concretely and briefly and shall not include matters which will likely to cause presupposition or prejudice of the case to the court based on the data that cannot be used as evidence or are not be applied for as evidence. |
| (4) | Where the accused submits the statement under paragraph (2), he/she shall also submit a copy thereof and where the public prosecutor submits such statement, he/she shall also submit copies corresponding to the sum of the number of the accused and one: Provided, That if the same defense counsel is appointed for the several accused, the public prosecutor may submit the copies of the statement corresponding to the sum of the number of defense counsel and one only. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-10 (Change of Preparatory Hearing Date) |
Where it is necessary to change the preparatory hearing date due to inevitable grounds, the public prosecutor, the accused or the defense counsel may request to make changes to the preparatory hearing date by concretely stating the ground, period, etc.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-11 (Appointment of State-Appointed Counsel for Case with Designated Preparatory Hearing Date) |
| (1) | Where the accused has no defense counsel with regard to the case for which the preparatory hearing date under Article 266-7 of the Act has been designated, the court shall, without delay, appoint the state-appointed counsel and notify the accused and the defense counsel of such appointment. |
| (2) | Paragraph (1) shall apply mutatis mutandis to even where the accused has no defense counsel after designation of the preparatory hearing date. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 123-12 (Protocol of Preparatory Hearing Date) |
| (1) | Where the court proceeds with the preparatory hearing date, the Junior Administrative Officer present shall prepare the protocol. |
| (2) | The protocol provided for in paragraph (1) shall include the summary of statement of the accused, the witness, the expert witness, the interpreter or the translator, the arranged results of issues and evidence and other necessary matters. |
| (3) | The presiding judge or the judge and the Junior Administrative Officer present shall affix seal and signature or sign the protocol provided for in paragraphs (1) and (2). |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 124 (Distinctive Designation of Trial Time for Each Case) |
The presiding judge shall designate the trial time for each case as distinctively as possible.
| Article 124-2 (Designation of Trial Date at a time and Listening to Opinions of Parties) |
In the case of designating at a time several trial dates as provided for in Article 267-2 (3) of the Act, the presiding court shall listen to the opinions of the public prosecutor, the accused or the defense counsel. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 125 (Request for Change of Date of Trial) |
The request for change of trial date as stipulated in Article 270 (1) of the Act shall contain the factual reasons for the necessity thereof and the period for which the factual reasons are expected to continue, and verified by a diagnosis of doctor and any other material.
| Article 125-2 (Method of Arguments) |
The arguments in the court room shall be made concretely and clearly.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 126 (Representative Authority of Proxy of Accused) |
When the accused has his/her proxy appear on the date of trial in accordance with the proviso to Article 276 or Article 277 of the Act, he/she shall submit to the court a paper proving that he/she conferred representative authority to his/her proxy. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007>
| Article 126-2 (Company with a Person in Confidential Relationship) |
| (1) | A person in confidential relationship who may sit in company with an accused as provided for in Article 276-2 (1) of the Act refers to the spouse, lineal relatives, siblings, family member, cohabitant, employer and other person who may help with psychological stability and smooth communications of the accused. |
| (2) | In the application for the company provided for in Article 276-2 (1) of the Act, the relationship between a person who intends to sit in company and the accused, the reason that the company is necessary and others shall be stated. |
| (3) | A person in confidential relationship with the accused and sitting in company with the accused may not impede the progress of judgment and where he/she unfairly impedes the progress of judgment, the presiding judge may suspend the company. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 126-3 (Permission for and Cancellation of Absence) |
| (1) | The request for permit of absence provided for in subparagraph 3 of Article 277 of the Act may be made orally by attending on the trial date or in writing on the date other than the trial date. |
| (2) | The court shall decide on whether to allow the request for permit of absence of the accused. |
| (3) | Although the court allows the absence of the accused, where the attendance is deemed necessary for the protection of rights of the accused and others, the court may cancel the permit of absence. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 126-4 (Notice of Refusal to Attend) |
Where any ground under Article 277-2 of the Act arises, the warden of prison shall, without delay, notify the court thereof. [This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 126-5 (Investigation on Refusal to Attend) |
| (1) | If the court wishes to proceed with the trial without the attendance of the accused in accordance with Article 277-2 of the Act, the court shall investigate the existence of the causes in advance. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | If necessary in the course of investigation, the court may order the officials of the prison or other related persons to attend and make statements or to submit a report. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (3) | The court may have a member of the collegiate body carry out the investigation of paragraph (1). |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 126-6 (Notification to Effect that Trial is to be Proceeded without Attendance of Accused or Public Prosecutor) |
If the trial is proceeded without the attendance of the accused in accordance with Article 277-2 of the Act, or with the public prosecutor having been absent for more than twice in accordance with Article 278 of the Act, the presiding judge shall notify thereof to the persons concerned in the court room. [This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 126-7 (Designation of Professional Examiners) |
The court shall designate the professional examiners from among the candidates for such examiners determined by the Regulations on Professional Examiners.
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-8 (Request for Explanation, etc. to Professional Examiners on Date other than Trial Date and Notification) |
Where the matters requested by the presiding judge to the professional examiners for their explanation or opinions on the date other than the trial date are important to clarify the relations involved in the litigation, the Junior Administrative Officer, etc. shall notify the public prosecutor, the accused or the defense counsel of such matters.
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-9 (Delivery of Copy of Statement) |
Where the professional examiners submit the statement detailing their explanation or opinion, the Junior Administrative Officer, etc. shall deliver a copy of such statement to the public prosecutor, the accused or the defense counsel.
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-10 (Instruction of Preparation to Professional Examiners) |
| (1) | Where it is deemed necessary to have the professional examiners attend at the proceedings of trial, the court may instruct them to prepare properly such as confirming the issues, etc. |
| (2) | When the presiding judge instructs the preparation under paragraph (1), the Junior Administrative Officer, etc. shall notify the public prosecutor, the accused or the defense counsel of such purpose. |
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-11 (Measures to be taken by Presiding Judge on Interrogation Date of Witness) |
Where it is deemed necessary for the words of the professional examiners not to affect the testimony of the witness, the presiding judge may take appropriate measures, ex officio, or at the request of the public prosecutor, the accused or the defense counsel, such as the withdrawal of the witness from the court.
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-12 (Statement of Protocol) |
| (1) | Where the professional examiners are present on the preparatory hearing date or the trial date, they shall state their names on the protocol. |
| (2) | Where the professional examiners ask questions of the persons involved in the litigation by obtaining the approval of the presiding judge, the commissioned judge or the entrusted judge, they shall state the purpose thereof in the protocol. |
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-13 (Method of Request for Cancellation of Decision on Participation of Professional Examiners) |
| (1) | Request for cancellation of decision as provided for in Article 279-2 (1) of the Act shall be made in writing other than the case where such request is made on the trial date. |
| (2) | Where requesting as provided for in paragraph (1), the ground for such request shall be clarified: Provided, That the same shall not apply where the public prosecutor, the accused or the defense counsel simultaneously requests. |
[This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 126-14 (Authority of Commissioned Judge, etc.) |
Where the commissioned judge or the delegated judge proceeds with the proceedings of litigation, the duties of the presiding judge under Articles 126-10 through 126-12 shall be exercised by such commissioned judge or delegated judge. [This Article Added by Supreme Court Regulation No. 2144, Dec. 31, 2007]
| Article 127 (Notice to Accused of Right to Refuse to Make Statement) |
The presiding judge shall, before conducting the personal identification questions under Article 284 of the Act, inform the accused that he/she may refuse to make statements or to answer questions and may make favourable statements. [This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 127-2 (Opening Statement of Accused) |
| (1) | After completion of the opening statement of the public prosecutor as provided for in Article 285 of the Act, the presiding judge shall ask the accused whether he/she acknowledges the facts prosecuted. |
| (2) | The accused and the defense counsel may state their opinions of the prosecution and other favorable facts. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 128 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 129 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 130 Deleted. <by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 131 (Measure to Be Taken Prior to Ruling on Summary Trial Procedure) |
When the court intends to make a ruling stipulated in Article 286-2 of the Act, the presiding judge shall, in advance, explain to the accused the meaning of summary trial procedure.
| Article 132 (Application for Evidence) |
The public prosecutor, the accused or the defense counsel shall apply at a time for necessary evidence unless any special conditions exist.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 132-2 (Method of Application for Examination of Evidence) |
| (1) | The public prosecutor, the accused or the defense counsel shall clearly state the relation between the evidence and the facts they intends to prove in their application for examination of evidence. |
| (2) | The application for examination of evidence supporting confession of the accused or the circumstantial evidence shall be made by clearly stating such evidence as the corroborating evidence or circumstantial evidence. |
| (3) | In applying for examination of parts of documents or Articles as evidence, the parts to be used as evidence shall clearly be specified. |
| (4) | When the court deems it necessary, it may order the applicant for examination of evidence to submit a written statement of the name and address of a witness, an expert witness, an interpreter and a translator, the list of documents or Articles to be examined, and the matters provided for in paragraphs (1) to (3). |
| (5) | The court may dismiss the application for examination of evidence which violates paragraphs (1) through (4). |
[This Article Wholly Amended by Supreme Court Regulation No. 1067, Jun. 7, 1989]
| Article 132-3 (Method of Application for Examination of Part of Investigation Record as Evidence) |
| (1) | When the documents or Articles, which could be adopted as evidence under Articles 311 through 315 or 318 of the Act, are part of investigation record, the public prosecutor shall apply for examination thereof as evidence by way of specifying and individually submitting them to the court. This provision shall also apply to submission of the documents or Articles which are part of investigation record as corroborating evidence for a confession or as circumstantial evidence, or submission of documents or Articles before the trial dates in compliance with Article 274 of the Act. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | The court may dismiss the application for examination of evidence contravening paragraph (1). |
[This Article Added by Supreme Court Regulation No. 1067, Jun. 7, 1989]
| Article 132-4 (Request for Delivery of Preserved Documents) |
| (1) | The request for delivery of preserved documents under Article 272 of the Act may also be made only on the parts of documents maintained by the court, the public prosecutor's office, or other public offices or associations (hereinafter referred to as "Court, etc."). <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | When the court which has received the request of paragraph (1) accepts such request, the court may request the Court, etc., which preserves the documents to deliver a certified copy of the parts specified by the requester or the defense counsel among the documents in their preservation. |
| (3) | The court, etc. which has been requested under paragraph (2) shall allow the requester or the defense counsel to review the documents concerned and specify necessary parts, and shall not refuse to cooperate with such efforts without reasonable grounds, except where such documents are not in their custody or it cannot respond to the request for delivery due to reasonable grounds. |
| (4) | If the court, etc. which has been requested to deliver documents, does not have the documents concerned in its custody or cannot respond to the request for delivery due to reasonable grounds, it shall notify the court, which has made such request, of the causes of non-delivery. |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 132-5 (Handling of Sensitive Information, etc.) |
| (2) | If deemed necessary, the court may request a court, etc. to transmit the sensitive information, personally identifiable information and other materials containing personal information referred to in paragraph (1) pursuant to Article 272 of the Act. |
| (3) | Article 132-4 (2) through (4) shall apply mutatis mutandis to the transmission referred to in paragraph (2). |
[This Article Added by Supreme Court Regulation No. 2403, May 29, 2012]
| Article 133 (Order of Request for Examination of Evidence) |
A request for examination of evidence shall be submitted by the public prosecutor first, and then by the accused or the defense counsel.
| Article 134 (Procedure of Ruling on Evidence) |
| (1) | When the court deems it necessary in rendering a ruling on evidence, it may hear the opinion of the public prosecutor, the accused or the defense counsel concerning the evidence. |
| (2) | When the court intends to make a ruling on documents or articles which have been submitted as evidence, it shall have the submitter show the documents or articles to the counter party and make the counter party express his/her opinion about the admissibility thereof as evidence: Provided That this shall not apply when it is deemed that the consent is given in accordance with Article 318-3 of the Act. |
| (3) | Where the accused or the defense counsel states that the contents stated in the protocol of examination of the accused which has been prepared by the public prosecutor are different from the statements made by the accused, they shall specify the parts in the protocol which are the same as and different from the accused's statements. <Added by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (4) | Where the court dismisses or rejects the application for evidence, or withholds the decision on the application for evidences, it shall not receive any evidentiary documents or articles from the person who has applied for evidence. <Added by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 134-2 (Request for Examination of Video Recordings) |
| (1) | Where the statement of a suspect who became the accused was video recorded, if the accused does not acknowledge that the details in the protocol have been stated the same as the statements made by himself/herself, the public prosecutor may request for the examination of the relevant video recordings in order to prove the truth of establishment of such part. |
| (2) | In making a request provided for in paragraph (1), the public prosecutor shall submit the statement containing the following matters: |
| 1. | Time to start and end the video recordings and place of examination; |
| 2. | Time to concretely specify the image of the part in which the accused or the defense counsel disputes the identity between the statement and the contents in the protocol. |
| (3) | The video recordings provided for in paragraph (1) refer to those in which the entire process from the commencement of the examination to the time the suspect affixes seal and signature or signs the protocol upon close of the examination and shall include the following matters: |
| 1. | Notice of the purpose that the examination of the suspect is being video recorded; |
| 2. | Notice of time the video recording commences and ends and the place of recording; |
| 3. | Notice of name and position of the public prosecutor who examines the suspect and the participant; |
| 4. | Notice of right to refuse to make statement and to request the participation of the defense counsel; |
| 5. | In the case of suspension or recommencement of examination, the reason for such suspension, time to suspend and time to recommence after suspension; |
| 6. | Time to close the examination. |
| (4) | The video recordings provided for in paragraph (1) refer to those recorded to confirm the entire examination room during the examination and the faces of the person who makes statement can be identified. |
| (5) | In replaying the video recordings provided for in paragraph (1), the date and time of the recording shall appear on the screen on a real time basis. |
| (6) | Paragraphs (1), (3) and (5) shall apply mutatis mutandis to the public prosecutor's request for examination of video recordings of the statement of the suspect who is not the accused. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-3 (Statement and Video Recordings of Third Party) |
| (1) | Where a person who is not the suspect does not acknowledge that the protocol made on the preparatory hearing date or the trial date has been stated the same as the statement made by himself/herself in front of the public prosecutor or the judicial police officer, the public prosecutor may request the examination of the relevant video recordings in order to prove the truth of establishment of such part. |
| (2) | In requesting examination of the video recordings provided for in paragraph (1), the public prosecutor shall state that the person, other than the suspect, has consented to the video recording and attach the document including the seal and sign or just sign. |
| (3) | Article 134-2 (3) 1 through 3, 5, 6, (4) and (5) shall apply mutatis mutandis to the public prosecutor's request for examination of the video recordings of the person who is not the suspect. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-4 (Examination of Video Recordings) |
| (1) | Where the public prosecutor requests for examination of the video recordings, the court shall, in deciding on such request, have the accused or the defense counsel state their opinion whether such video recordings have been prepared and sealed by the due procedure and method. |
| (2) | Where the video recordings provided for in paragraph (1) concern the statement of a person who is not the accused, such person shall state his/her opinion as provided for in paragraph (1). |
| (3) | The court shall open the seal of the video recordings on the preparatory hearing date or the trial date and examine them by replaying all or part of them. In such cases, the video recordings may be replayed in the place, other than the court, which has necessary electronic equipment for the replay and examination. |
| (4) | The presiding judge shall, without delay, have the Junior Administrative Officer seal the original copy of video recordings after completion of the examination, have the accused or the defense counsel together with the person who has made statement affix seal and signature or sign and return it to the public prosecutor: Provided, That in the case which the court opens the session without attendance of the accused, where no defense counsel exists, the accused or the defense counsel shall not be required to affix seal and signature or sign. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-5 (Examination of Video Recordings to Recall Memory) |
| (1) | Replay of the video recordings as provided for in Article 318-2 (2) shall be performed at the request of the public prosecutor only and they shall be replayed for watching only to the accused or the person other than the accused whose memory is necessary to be recalled . |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-6 (Method of Examination of Evidentiary Documents) |
| (1) | The notice of the details of evidentiary documents under Article 292 (3) of the Act shall be made by a method of notifying their summary. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-7 (Examination of Evidence by Text Information, etc. Recorded on Computer Disc, etc.) |
| (1) | Where text information recorded on computer disc and other similar information storage medium (hereafter referred to as "computer disc, etc." in this Article) is used as evidentiary document, a certified copy thereof after being printed to be readable may be submitted. |
| (2) | Where text information recorded on computer disc, etc. is used as evidence, a person who applies for the examination of evidence shall clarify the name who inputs computer disc, etc. and date of input and the name who prints out and the date of printout when the court orders or the counter party requests. |
| (3) | Where information recorded on computer disc, etc. concerns drawings, photographs, etc., paragraphs (1) and (2) shall apply mutatis mutandis. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-8 (Examination of Evidence concerning Sound, Image Data, etc.) |
| (1) | Where requesting examination of evidence concerning sound recording tape, video recording tape, computer disc, etc. and other medium by which sound or image may be recorded by similar method and replayed (hereinafter referred to as "sound recording or recording, etc." in this Article), the person whose sound or image has been recorded, the person who has recorded it and the date and place of the sound recording or video recording, etc. shall be clarified. |
| (2) | Where the court issues orders or the other party makes requests, a person who has applied for the examination of evidence concerning the medium of sound recording or video recording shall submit the transcripts of medium of sound recording or video recording and other statement explaining the details thereof. |
| (3) | The examination of evidences concerning the medium of sound recording or video recording shall be conducted by a method of replaying the medium of sound recording or video recording, etc. to listen to or watch it. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 134-9 (Provisions Applicable Mutatis Mutandis) |
Unless special provisions exist, Articles 292 and 292-2 of the Act shall apply mutatis mutandis to the investigation of the evidence which is not in the written form, such as drawings, photographs or other articles detailing information. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 135 (Time to Investigate Confession) |
The protocols or documents that include the statements of the accused or persons other than the accused that may be used as evidence as provided for in Articles 312 and 313 of the Act are based on the confession of the accused, they shall be investigated after other evidence of the facts of crime are investigated. [This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 135-2 (Grounds for Objection on Examination of Evidence) |
The objections as stipulated in Article 296 (1) of the Act may be raised on the ground that the examination is against law or unreasonable: Provided, That the objections to the ruling stipulated in Article 295 of the Act may be raised only on the ground that ruling is against law.
| Article 136 (Grounds for Objection on Measures by Presiding Judge) |
| Article 137 (Method and Time of Objections) |
The objections mentioned in Articles 135 and 136 above (hereinafter referred to as 'objections') shall be raised immediately every time when an action, measures or ruling are made, by way of clarifying the brief reasons therefor.
| Article 138 (Time of Ruling on Objections) |
| Article 139 (Method of Ruling on Objections) |
| (1) | Objections raised too late in time or evidently aiming at delay of procedure shall be dismissed by a ruling: Provided, That if the objections raised too late in time are related to important matters, the objections shall not be rejected only for the reasons for being too late. |
| (2) | When the court deems the objections unreasonable, it shall dismiss them by a ruling. |
| (3) | When the court deems the objections reasonable, it shall, by means of a ruling, take such corresponding measures to the objections such as suspension, rescission, cancellation, and change of action, disposition or ruling. |
| (4) | When the court deems the objections on the admissibility as evidence of any evidence the examination of which has been finished to be reasonable, it shall render a ruling to the effect that it excludes the whole or parts thereof from evidence. |
| Article 140 (Prohibition of Dual Objections) |
Against the matters which have been determined by a ruling on objections, another objection shall not be raised.
| Article 140-2 (Method of Examination of Accused) |
In examining the accused, the examiner shall not force or not include the accused to make statements or proceed with examination in a coercive or insulting manner.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 140-3 (Withdrawal from Court) |
When the presiding judge recognizes that the accused is considered to be unable to make a sufficient statement in the presence of a person in the court, he/she may have the person withdraw from the court and allow the accused to make statement.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 141 (Right to Elucidation, etc.) |
| (1) | To make the contents of trial clear, the presiding judge may question the public prosecutor, the accused or the defense counsel with respect to the matters of fact or points of law, or may request them to furnish evidence. |
| (2) | A member of the collegiate body of a court may take the measures mentioned in paragraph (1) above after informing the presiding judge. |
| (3) | The public prosecutor, the accused or the defense counsel may request the presiding judge to ask any necessary question for the purpose of elucidation set forth in paragraph (1) above. |
| Article 142 (Changes in Indictment) |
| (1) | When the public prosecutor intends to make addition, withdrawal, and changes of the facts constituting the offence charged or the applicable provisions of laws in the indictment (hereinafter referred to as "changes in indictment") in accordance with Article 298 (1) of the Act, he/she shall submit a written application for changes in indictment which includes the effect thereof to the court. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (2) | To the written application mentioned in paragraph (1), copies thereof corresponding to the number of the accused shall be attached. |
| (3) | The court shall immediately serve the accused or the defense counsel with the copies set forth in paragraph (2). |
| (4) | When the changes in indictment are approved, the public prosecutor shall read the changed facts prosecuted, crime and applicable provisions in accordance with the application for changes in indictment referred to in paragraph (1): Provided, That the presiding judge may have the public prosecutor state the summary of the changes in indictment. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| (5) | Notwithstanding paragraph (1), when the accused is present in the court room, the court may permit the changes in indictment which are made orally if such changes are favourable to the accused or the accused consents to them. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 143 (Renewal of Procedure of Trial after Suspension Thereof) |
Where the procedure of trial is suspended after opening the trial in accordance with Article 306 (1) of the Act, the procedure of trial shall be renewed on the date of trial when the grounds for suspension have disappeared.
| Article 144 (Procedure of Renewal of Procedure of Trial) |
| 1. | The presiding judge shall, after informing the accused that he/she has the right to refuse to make statements in accordance with Article 127, confirm the identity of the accused by conducting the personal identification questions in compliance with Article 284 of the Act; |
| 2. | The presiding judge shall have the public prosecutor read the facts prosecuted, crime and applicable provisions or make statements on the summary of the prosecution pursuant to the indictment or the written application for changes in indictment; |
| 3. | The presiding judge shall give the opportunity to the accused to state whether he/she recognizes the facts prosecuted and the background circumstances; |
| 4. | The presiding judge shall, ex officio, examine the protocol in which the statement of the accused or any other person on the date of trial, or the result of inspection conducted by the court has been included prior to the renewal of procedure; |
| 5. | The presiding judge shall re-examine the documents or articles which have been examined on the date of trial prior to the renewal of procedure: Provided, That this shall not apply to the documents or articles which he/she deems inadmissible as evidence, or when he/she deems the documents or articles inadmissible evidence and no objections are raised by the public prosecutor, the accused and the defense counsel. |
| (2) | In examining the documents or articles prescribed in paragraph (1) 4 and 5, the presiding judge may, on the whole or part of them, take a proper method which he/she deems reasonable in lieu of the method stipulated in Articles 292, 292-2 and 292-3 of the Act when the public prosecutor, the accused and the defense counsel agree thereto. |
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 145 (Limitation on Time for Oral Statement) |
When the presiding judge deems it necessary, he/she may limit the time for statement of opinion as stipulated in Articles 302 and 303 of the Act, within the scope of not injuring the substantial right of the public prosecutor, the accused or the defense counsel.
Section 2 Decision in Trial
| Article 146 (Preparation of Judgment Document) |
In the case of pronouncing a judgment document on the trial date when the oral arguments have ended, the judgment document shall be prepared within five days from the pronouncement thereof.
[This Article Wholly Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 147 (Admonition on Pronouncement of Judgment) |
When pronouncing a judgment, the presiding judge may admonish the accused properly.
| Article 147-2 (Notice of Probation, and Period of Protective Detention) |
| (1) | In case the presiding judge orders the accused to a probation, a social service, or instructions (hereinafter referred to as "Probation, etc.") in compliance with the provisions of Articles 59-2 and 62-2 of the Criminal Act in the course of making rulings, he shall explain the intent and other necessary matters to be explained. |
| (2) | In case the court orders a social service or instructions in the course of making rulings in compliance with the provision of Article 62-2 of the Criminal Act, it shall determine the total social hours or instruction hours to be performed by the accused. In this case, if necessary, the court may designate the kind, methods and facilities of social service or instructions. |
| (3) | A social service order and an order to attend a lecture as provided in Article 62-2 (2) of the Criminal Act, may not exceed 500 hours and 200 hours, respectively, and any probation officer shall not interfere with the normal life of the accused in the execution of such orders. <Amended by Supreme Court Regulation No. 1550, Jun. 20, 1998> |
| (4) | In case a probation order, a social service order or an order to attend a lecture as provided in Article 62-2 (1) of the Criminal Act is imposed, two or more orders may not be concurrently imposed. <Added by Supreme Court Regulation No. 1550, Jun. 20, 1998> |
| (5) | A social service order or an order to attend a lecture imposed concurrently with the probation, shall be executed within a period of such probation. <Added by Supreme Court Regulation No. 1550, Jun. 20, 1998> |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 147-3 (Notice of Judgment of Probation, etc.) |
| (1) | If a judgment to which a condition of probation, etc. is attached, has been given finally and conclusively, any administrative officer in Grade V of a court which has given such a judgment finally and conclusively shall, within three days, serve a head of a probation office which has jurisdiction over a residential area of a person to be placed under probation, etc. with a certified copy of a written judgment. <Amended by Supreme Court Regulation No. 1550, Jun. 20, 1998> |
| (2) | To the written statement as referred to in paragraph (1), the opinion of the court or other material for probation, etc. may be attached. |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 147-4 (Evaluation Report of Probation, etc.) |
The court which has made the ruling ordering the probation, etc. may have the head of probation office make an evaluation report on the person subject to probation, etc. during the period of probation, etc.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 148 (Service of Certified Copy of Judgement on Accused) |
When the court has pronounced a judgement against the accused, it shall serve a certified copy thereof on the accused within 14 days from the pronouncement date: Provided, That the certified copy of a judgement shall, only if requested, be served on the accused without custody and the accused in custody whose warrant of detention loses its effect under Article 331 of the Act.
| Article 149 (Method of Request for Rescission of Suspended of Sentence) |
The request for rescission of suspended sentence prescribed in Article 335 (1) of the Act shall be made in writing, stating the reasons for rescission concretely.
| Article 149-2 (Submission of Material) |
In case of the request for the rescission of suspended sentence, the material showing the existence of the reasons for rescission shall be submitted.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 149-3 (Submission and Service of Duplicate of Request) |
| (1) | In case of the request for the rescission of suspended sentence in accordance with the provision of Article 64 (2) of the Criminal Act, the public prosecutor shall concurrently submit the duplicate of the request to the court. |
| (2) | If the court receives the duplicate as prescribed in paragraph (1), it shall without delay serve such duplicate upon the person who has been granted the suspended sentence. |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 150 (Order of Appearance) |
The court which has received the request for the rescission of suspended sentence may order the person who has been granted the suspended sentence or his/her representative to appear if such order is necessary for the collection of opinion under Article 335 (2) of the Act. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 150-2 (Provisions Applicable Mutatis Mutandis) |
[This Article Added by Supreme Court Regulation No. 1441,Dec. 3, 1996]
| Article 151 (Applicability to Procedures for Concurrent Crimes) |
CHAPTER I COMMON PROVISIONS
| Article 152 (Handling Written Appeal of Prisoner) |
| (1) | When the chief of correctional institution, detention house or his/her deputy receives a written appeal in accordance with Article 344 (1) of the Act, he/she shall write down the date of receipt in the written appeal itself and send it to the court of original judgment immediately. |
| (2) | Paragraph (1) shall apply mutatis mutandis where the chief of correctional institution or detention house or his/her deputy receives a request for the ordinary proceedings, a written application for recovery of his right to appeal, waiver of or withdrawal from an appeal and a written reason for appeal in accordance with Article 355 of the Act and an applications and its withdrawal under Articles 487 through 489 of the Act. <Amended by Supreme Court Regulation No. 2106, Oct. 29, 2007> |
| Article 153 (Submitting of Written Consent about Waiver or Withdrawal of Appeal) |
| (1) | When the accused as stipulated in Article 350 of the Act waives or withdraws an appeal, he/she shall also submit the written consent of his/her legal representative. |
| (2) | When a legal representative of the accused or the persons prescribed in Article 341 of the Act withdraws an appeal, he/she shall submit the written consent of the accused. |
| Article 154 (Procedure of Disputing Effects of Waiver or Withdrawal of Appeal) |
| (1) | Persons who argue that the waiver or withdrawal of an appeal does not exist or is null and void may submit an application for continuation of procedure to the court in which the trial record remains at the time of the waiver or withdrawal. |
| (2) | When the court receiving the application mentioned in paragraph (1) deems it reasonable, it shall make a ruling of accepting the application and continue the procedure, and when it deems otherwise, it shall dismiss the application by means of a ruling. |
| (3) | Against the ruling of dismissal of the application prescribed in the latter part of paragraph (2), an immediate appeal may be filed. |
CHAPTER II APPEAL TO HIGH COURT
| Article 155 (Written in Statement of Reasons for Appeal and Answer) |
In a statement of reasons for the appeal or the answer thereto, the reasons for appeal or contents of answer shall be clarified briefly and concretely.
| Article 156 (Submission of Duplicates of Statement of Reasons for Appeal and Answer) |
To the statement of reasons for appeal or answer, duplicates thereof the number of which adds two to the number of the counter parties shall be attached. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 156-2 (Appointment of State-Appointed Defense Counsel and Notice of Reception of Trial Record) |
| (1) | The appellate court, which has received the trial record, shall appoint a defense counsel and notify him/her of the reception of the trial record if no defense counsel exists for the cases requiring presence of the defense counsel indicated in subparagraphs 1 through 6 of Article 33 (1) of the Act. The same shall apply where the state-appointed defense counsel is selected under Article 33 (3) of the Act. <Amended by Supreme Court Regulation No. 2013, Mar. 23, 2006; Supreme Court Regulation No. 2038, Aug. 17, 2006> |
| (2) | When the accused makes a request for appointment of a state-appointed defense counsel under Article 33 (2) of the Act before the period for submission of the statement of grounds for appeal elapses, the appellate court shall make a ruling therefor without delay, and where it has appointed a defense counsel, it shall notify the defense counsel of the receipt of the records of trial. <Added by Supreme Court Regulation No. 2013, Mar. 23, 2006; Supreme Court Regulation No. 2038, Aug. 17, 2006> |
| (3) | Even when it has revoked its ruling for appointment of a state-appointed counsel within the period for submission of the statement of grounds for appeal due to a reason which is not attributable to the accused after it made its ruling for appointment thereof under paragraphs (1) and (2), and appoints a new state-appointed defense counsel, the appellate court shall notify the relevant defense counsel of the receipt of the records of trial. <Added by Supreme Court Regulation No. 2013, Mar. 23, 2006> |
| (4) | Where the appellate court has dismissed a request for appointment of a state-appointed defense counsel under paragraph (2), the period from the date on which the accused made his/her request for appointment of the state-appointed defense counsel to the date he/she was served a transcript of the ruling for dismissal of request for appointment shall not be counted as a period for submission of the statement of reasons for appeal determined under Article 361-3 (1) of the Act: Provided, That where the accused makes a request for appointment again to the same court after he/she has received the ruling for dismissal of request for appointment, the same shall not apply to the period from the date of request for appointment of the state-appointed defense counsel thereof to the date of service of the transcript of ruling for dismissal of request for appointment. <Added by Supreme Court Regulation No. 2013, Mar. 23, 2006> |
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 156-3 (Statements of Grounds for Appeal and Answer) |
| (1) | The appellant shall concretely state the grounds for appeal. |
| (2) | The other party shall concretely provide explanation in relation to the grounds for appeal after the appellant completes the statement of the grounds for appeal. |
| (3) | The accused and the defense counsel may state the favorable facts, etc. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 156-4 (Arrangement of Issues) |
The court shall arrange and disclose the issues of the facts and points of law of the relevant case based on the grounds for appeal and answers and clarify the facts to be proved.
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 156-5 (Appellate Trial and Examination of Evidence) |
| (1) | The presiding judge shall notify the summary of the relationship of evidence and results of examination of evidence in the first instance before commencing the procedure for examination of evidence. |
| (2) | The appellate court may examine the witness in any of the following cases: |
| 1. | Where the failure to examine the witness in the first instance is not by intention or gross negligence, or where the trial is not considerably delayed by the application; |
| 2. | Where it is unavoidable to re-examine the witness in the appellate trial due to discovery of new and material evidence although the relevant witness has been examined in the first instance; |
| 3. | Where it is deemed necessary for the determination of whether the appeal is proper or not. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 156-6 (Examination of Accused in Appellate Trial) |
| (1) | The public prosecutor or the defense counsel may examine the accused concerning the necessary matters for determination on whether the grounds for appeal are appropriate or not after the examination of evidence in the appellate trial is completed. |
| (2) | While conducting the examination of the accused as provided for in paragraph (1), where such examination overlaps with the examination of the accused in the first instance or it is deemed unnecessary to determine whether the grounds for appeal are appropriate, the presiding judge may limit all or part of such examination. |
| (3) | Where it is deemed necessary, the presiding judge may examine the accused. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 156-7 (Statement of Opinion in Appellate Trial) |
| (1) | When the examination of evidence and the procedure for examining the accused are complete in the appellate trial, the public prosecutor shall concretely state his/her opinion on whether the judgment in the first instance is appropriate and the reasons for appeal. |
| (2) | The presiding judge shall give the accused and the defense counsel opportunities to state opinions provided for in paragraph (1) after listening to the opinions of the public prosecutor. |
[This Article Added by Supreme Court Regulation No. 2106, Oct. 29, 2007]
| Article 157 (Forwarding of Trial Record, etc. in Case of Final Judgement of Return or Transfer) |
When a judgment of return or transfer prescribed in the main sentence of Article 366 or 367 of the Act has become final, it shall be handled in accordance with the following subparagraphs: <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> | 1. | The appellate court shall forward the trial record and evidence to the court to which the case is returned or transferred within seven days from the date the judgment is finalized, and notify the public prosecutor of the corresponding public prosecutor's office of such forwarding; |
| 2. | The court which has received the forwarding in subparagraph 1 shall, without delay, notify the public prosecutor of the corresponding prosecutor's office of such reception; |
| 3. | If the accused is placed in a correctional institution or detention house, the public prosecutor of the prosecutor's office corresponding to the appellate court shall transfer the accused to the correctional institution or detention house located at the place of the court of return or transfer within 10 days from the date of reception of notice of subparagraph 1. |
| Article 158 (Effects of Appointment of Defense Counsel) |
The appointment of a defense counsel which has been made in the court of original level shall be further in effect even after the return or transfer of case as prescribed in Article 366 or 367 of the Act.
| Article 159 (Provisions Applicable Mutatis Mutandis) |
Provisions on trial in Part II shall apply mutatis mutandis to the procedure of trial in an appellate court.
| Article 160 (Submission of Duplicates of Statement of Reasons for Final Appeal and Answer) |
To the statement of reasons for the final appeal or the answer thereto, duplicates thereof, the number of which is four more than the number of the counter parties, shall be attached. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
| Article 161 (Notifying of Trial Dates to Accused) |
| (1) | The Junior Administrative Officer shall serve the trial date notice upon the accused. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | In the final appeal, the transfer of the accused is not required even in the case of designation of the trial dates. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (3) | If the accused who has made the final appeal is transferred, the public prosecutor shall without delay notify the Supreme Court of such transfer. <Added by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 162 (Judgement to Be Pronounced in Collegiate Body with Respect to Cases before Plenary Body of Supreme Court) |
With respect to the cases to which the plenary body of the Supreme Court makes a judgement as to the principal matters, the ruling on detention, renewal of detention period, cancellation of detention, release on bail, cancellation thereof, suspension of execution of detention, and cancellation of suspension of execution of detention may be pronounced in the collegiate body of the Supreme Court which consists of three or more Supreme Court judges.
| Article 163 (Notice of Request for Correction to Judgment) |
In case of request for correction to judgment prescribed in Article 400 (1) of the Act, the court shall make a notification thereof to the counter party.
| Article 164 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 155, 156-2, and subparagraphs 1 and 2 of Article 157 above shall apply mutatis mutandis to the procedures for the procedure of final appeal. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996>
CHAPTER IV APPEAL ON A RULING
| Article 165 (Forwarding of Certified Copy of Ruling by Appellate Court) |
When an appellate court renders a ruling prescribed in Article 413 or 414 of the Act, it shall immediately forward a certified copy of the ruling to the court of original level.
PART IV SPECIAL PROCEEDINGS OF TRIAL
| Article 166 (Manner of Request for Review) |
In case of request for review, a written request in which a statement requesting the review and the reasons thereof are concretely entered shall be submitted to the court having jurisdiction along with a certified copy of the original judgment and evidentiary material attached thereto.
| Article 167 (Method of Withdrawal of Request for Review) |
| (1) | The withdrawal of request for review shall be made in writing: Provided, That it may be made orally on the date of trial in the court room. |
| (2) | When the withdrawal of request is made orally, the circumstances therefor shall be written in protocol. |
| Article 168 (Provisions Applicable Mutatis Mutandis) |
Article 152 above shall apply mutatis mutandis to the request for review and the withdrawal thereof.
| Article 169 (Concurrence of Requests and Suspension of Procedure of Trial) |
| (1) | When there are concurrent requests for review against both of the final and conclusive judgment of dismissal in appeal and the judgment of the first instance, which has become final and conclusive by such judgment, the appellate court shall suspend the procedure by means of a ruling until the procedure of the court of the first instance is finished. |
| (2) | When the review has been requested concurrently in respect to the final and conclusive judgment dismissing the appeal to the Supreme Court and to the judgment of first or second instance which has become final and conclusive by such judgment, the Supreme Court shall suspend the procedure by means of a ruling until the first or second instance court finishes their procedure. |
CHAPTER II SUMMARY PROCEDURE
| Article 170 (Submitting of Documents, etc.) |
When making a request for summary order, the public prosecutor shall submit the evidentiary documents or articles necessary for the summary order to the court.
| Article 171 (Time of Summary Order) |
Summary order shall be rendered within 14 days from the date of request.
| Article 172 (Ordinary Adjudication) |
| (1) | When the Junior Administrative Officer decides that the case, on which a request for summary order has been made, is to be tried in the trial proceedings in accordance with Article 450 of the Act, he/she shall without delay make a notification thereof to the public prosecutor. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (2) | The public prosecutor who has received the notification of paragraph (1) shall submit duplicates of the indictment, the number of which corresponds to the number of the accused, to the court within five days. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| (3) | In respect to the copies of indictment mentioned in paragraph (2), the court shall take such measures prescribed in Article 266 of the Act. |
| Article 173 (Provisions Applied Mutatis Mutandis) |
Article 153 shall apply mutatis mutandis to withdrawal of the request for the ordinary proceedings.
PART V EXECUTION OF DECISION
| Article 174 (Application for Exemption of Trial Costs) |
| (2) | Article 152 shall apply mutatis mutandis to the request and the withdrawal prescribed in paragraph (1). |
| Article 175 (Notice of Above Request) |
When the court receives the request or the withdrawal mentioned in Article 174 (1), it shall immediately make a notification thereof to the public prosecutor.
PART VI SUPPLEMENTARY PROVISIONS
| Article 176 (Method of Request and Other Statements) |
| (1) | Request or any other statement to a court or a judge may be made in writing or orally unless otherwise prescribed in the Act or in these Regulations. |
| (2) | When a request or any other statement is made orally, it shall be made in the presence of a Junior Administrative Officer. |
| (3) | In the case of paragraph (2), the Junior Administrative Officer shall prepare a protocol, and sign and seal it. <Amended by Supreme Court Regulation No. 1441, Dec. 3, 1996> |
| Article 177 (Request or any other Statements of Prisoner) |
When an accused or a suspect in correctional institution or detention house intends to make a document of request or any other statement to a court or a judge, the head of the above mentioned institution or house or his/her deputy shall offer the convenience in doing so, and, especially when the accused or the suspect cannot make a document by himself/herself, they shall take measures prescribed in Article 344 (2) of the Act.
| Article 178 (Period of Validity of Warrants) |
The period of validity of warrants shall be seven days: Provided, That if the court or judge recognizes the need for an exception, the period of validity may be more than seven days.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
| Article 179 (Designation of Trial Dates for Juvenile Criminal Cases) |
In case of the institution of public prosecution for the criminal cases where the accused is a juvenile, the presiding judge shall without delay designate the first trial date prior to other cases.
[This Article Added by Supreme Court Regulation No. 1441, Dec. 3, 1996]
ADDENDA
| (1) | This Rules shall enter into force on March 1, 1983. |
| (2) | This Rules shall apply to the case pending in a court at the time of enforcement thereof: Provided, That the effects of litigation acts done before the enforcement of this Rules shall not be affected by these Rules. |
ADDENDUM <Supreme Court Regulation No. 1004 Mar. 23, 1988>
This Rules shall enter into force on the date of its promulgation.
ADDENDA <Supreme Court Regulation No. 1067, Jun. 7, 1989>
| (1) | (Enforcement Date) This Regulation shall enter into force on September 1, 1989. |
| (2) | (Transitional Measures) This Regulation shall apply to the cases pending in the court at the time of enforcement of this Regulation: Provided, That this Regulation shall not affect the validity of the litigation act carried out under the previous provisions before the enforcement of this Regulation. |
ADDENDA <Supreme Court Regulation No. 1171, Aug. 3, 1991>
| (1) | (Enforcement Date) This Regulation shall enter into force on August 10, 1991. |
| (2) | (Transitional Measures) This Regulation shall apply to the cases pending in the court at the time of enforcement of this Regulation. |
ADDENDUM <Supreme Court Regulation No. 1375, Jul. 10, 1995>
This Regulation shall enter into force on the date of its promulgation.
ADDENDA <Supreme Court Regulation No. 1441, Dec. 3, 1996>
| (1) | (Enforcement Date) This Regulation shall enter into force on January 1, 1997. |
| (2) | (Transitional Measures) This Regulation shall apply to the cases pending in the court at the time of enforcement of this Regulation: Provided, That with respect to the extension of the statutory period for the cases where such period has already started to count at the time of enforcement of this Regulation, the provisions of the previous Criminal Procedure Act and the previous Regulation on Criminal Procedure shall apply even after the enforcement of this Regulation. |
ADDENDA <Supreme Court Regulation No. 1508, Dec. 31, 1997>
| (1) | (Enforcement Date) This Regulation shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) This Regulation shall also apply to cases pending in court at the time when this Regulation enters into force. |
ADDENDUM <Supreme Court Regulation No. 1540, May 19, 1998>
This Regulation shall enter into force on the date of its promulgation.
ADDENDUM <Supreme Court Regulation No. 1550, Jun. 20, 1998>
This Regulation shall enter into force on July 1, 1998.
ADDENDA <Supreme Court Regulation No. 1628, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Regulation shall enter into force on the date of its promulgation.Article 2 Omitted.
ADDENDUM <Supreme Court Regulation No. 1664, Jul. 15, 2000>
This Regulation shall enter into force on August 1, 2000.
ADDENDUM <Supreme Court Regulation No. 1901, Aug. 20, 2004>
This Regulation shall enter into force on September 1, 2004.
ADDENDA <Supreme Court Regulation No. 2013, Mar. 23, 2006>
| (1) | (Enforcement Date) This Regulation shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The amended provisions of Article 156-2 shall apply to a case wherein a request for appointment of a state appointed counsel is made after the enforcement of this Regulation. |
ADDENDA <Supreme Court Regulation No. 2038, Aug. 17, 2006>
| (1) | (Enforcement Date) These Regulations shall enter into force on August 20, 2006. |
| (2) | (Transitional Measures) These Regulations shall apply to the cases for which the investigation is in progress or pending in the court as at the time these Regulations enter into force. |
ADDENDA <Supreme Court Regulation No. 2106, Oct. 29, 2007>
Article 1 (Enforcement Date)
These Regulations shall enter into force on January 1, 2008.
Article 2 (General Transitional Measures)
These Regulations shall apply to the cases for which the investigation is in progress or pending in the court as at the time these Regulations enter into force: Provided, That these Regulations shall not affect the validity of the act carried out under the previous provisions before these Regulations enter into force.Article 3 Omitted.
ADDENDA <Supreme Court Regulation No. 2144, Dec. 31, 2007>
Article 1 (Enforcement Date)
These Regulations shall enter into force on January 22, 2008.
Article 2 (Transitional Measures)
These Regulations shall apply to the cases pending in the court as at the time these Regulations enter into force.
ADDENDA <Supreme Court Regulation No. 2376, Dec. 30, 2011>
Article 1 (Enforcement Date)
These regulations shall enter into force on January 1, 2012.
Article 2 (Transitional Measures)
These regulations shall also apply to cases being investigated or pending in the court as at the time these regulations enter into force.
ADDENDUM <Supreme Court Regulation No. May 29, 2012>
These regulations shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 84-10 shall enter into force on January 1, 2013.