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ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SPECIFIC VIOLENT CRIMES

Act No. 4295, Dec. 31, 1990

Amended by Act No. 4590, Dec. 10, 1993

Act No. 7653, Aug. 4, 2005

Act No. 9765, jun. 9, 2009

Act No. 10209, Mar. 31, 2010

Act No. 10256, Apr. 15, 2010

Act No. 10258, Apr. 15, 2010

Act No. 10431, Mar. 7, 2011

Act No. 11048, Sep. 15, 2011

Act No. 11556, Dec. 18, 2012

Act No. 11572, Dec. 18, 2012

Act No. 11574, Dec. 18, 2012

Act No. 11731, Apr. 5, 2013

Act No. 12198, Jan. 7, 2014

Act No. 13716, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to ensure the safety of life and body of the people and protect communities from crimes by prescribing special cases concerning the punishment for specific violent crimes which violate fundamental ethics and social order, and procedures therefor.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 2 (Scope of Application)
(1) The term "specific violent crimes" in this Act means crimes falling under any of the following subparagraphs: <Amended by Act No. 10258, Apr. 15, 2010; Act No. 10431, Mar. 7, 2011; Act No. 11556&11572&11574, Dec. 18, 2012; Act No. 11731, Apr. 5, 2013; Act No. 13716, Jan. 6, 2016>
1. Crimes under Articles 250, 253, and 254 (excluding attempted crimes referred to in Articles 251 and 252), among the crimes of homicide in Chapter XXIV of Part II of the Criminal Act;
2. Crimes under Articles 287 through 291 and 294 (excluding attempted crimes referred to in Article 292 (1)), among the crimes of kidnapping, enticement, and human trafficking provided for in Chapter XXXI of Part II of the Criminal Act;
3. Crimes under Articles 301 and 301-2, or crimes committed by carrying a lethal weapon or other dangerous articles or by not less than two persons in conspiracy under Articles 297, 297-2, 298, 299, 300, and 305, among the crimes concerning rape and infamous conduct in Chapter XXXII of Part II of the Criminal Act;
4. Crimes concerning rape and infamous conduct under Chapter XXXII of Part II of the Criminal Act, crimes under Articles 3 through 10 and 15 (excluding attempted criminals under Article 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or crimes under Articles 297, 297-2, 298 through 300, and 305 of the Criminal Act or crimes under Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are committed by persons who have been sentenced twice or more due to the crimes under Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Crimes under Articles 333, 334, 335, 336, 337, 338, 339, 340, 341, and 342 (excluding attempted criminals under Articles 329 through 331, 331-2 and 332), among the crimes of larceny and robbery in Chapter XXXVIII of Part II of the Criminal Act;
(2) Crimes which fall under the subparagraphs of paragraph (1) and are punished cumulatively in accordance with other Acts shall be deemed specific violent crimes.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 3 (Punishment of Repeated Offenses)
Where any person repeatedly commits a specific violent crime (excluding cases where he/she is subject to aggravated punishment for committing, or attempting to commit, any crime under Article 337 of the Criminal Act, as prescribed in Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes) after having been sentenced to punishment for committing a specific violent crime within three years after the date on which such execution has been completed or exempted, his/her punishment shall be aggravated by up to twice the maximum term or the minimum term of his/her punishment prescribed for such crime. <Amended by Act No. 12198, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 4 (Punishment for Juveniles)
(1) Where a juvenile under 18 years of age is supposed to be punished by death penalty or life imprisonment at the time he/she commits a specific violent crime, notwithstanding Article 59 of the Juvenile Act, he/she shall be sentenced to limited imprisonment for 20 years.
(2) Where a juvenile who has committed a specific violent crime is sentenced to an indefinite term of imprisonment, notwithstanding the proviso to Article 60 (1) of the Juvenile Act, his/her maximum term shall not exceed 15 years, and his/her minimum term shall not exceed seven years.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 5 (Disqualified Period of Execution Suspension)
Where any person, in whose case ten years have not passed since the execution of his/her punishment for a specific violent crime was completed or exempted, repeatedly commits a specific violent crime, the execution of his/her punishment shall not be suspended.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 6 (Revocation of Release on Bail, etc.)
Where reasonable grounds exist to believe that a person accused of a specific violent crime harms, or is feared to harm, the life or property of the victim, a person deemed to have information necessary for a trial, or his/her relatives, a court may, either ex officio or at the request of a public prosecutor, decide to revoke a release on bail or the suspension of execution of detention.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 7 (Measures for Safety of Witness)
(1) Where it is deemed that the accused or any other person of a specific violent crime harms, or is feared to harm, the life or body of a witness to such specific violent crime, a public prosecutor shall request the chief of the competent police station to take necessary measures to ensure the safety of the witness.
(2) A witness may demand that a public prosecutor take measures referred to in paragraph (1).
(3) The presiding judge may request a public prosecutor to take measures referred to in paragraph (1).
(4) The chief of the competent police station, upon the request pursuant to paragraph (1), shall promptly take necessary measures to protect the witness and shall notify the public prosecutor thereof.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 8 (Protection of Victims from Publication)
With respect to the victims of specific violent crimes prescribed in Article 2 (1) 2 through 6 and (2) of the same Article (excluding paragraph (1) 1 of said Article), which are under investigation or trial, or persons who have reported cases of specific violent crimes under investigation or trial, their information or photographs which may have the public presumably identify them with the victims or persons who have reported the cases by name, age, address, occupation, appearance, etc. shall not be published in newspapers or other publications, nor broadcast by a broadcast signal or cable: Provided, That this shall not apply where the victims or persons who have reported such cases, or their agents (their spouses, lineal relatives or brothers and sisters in cases where the victims or persons who have reported such cases decease) specifically consent to such publication or broadcasting.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 8-2 (Disclosure of Faces, etc. of Criminal Suspects)
(1) A public prosecutor and a judicial police officer may disclose personal information, such as the face, name and age, on a suspect of a specific violent crime, if all of the following requirements are satisfied: <Amended by Act No. 11048, Sep. 15, 2009>
1. It shall be a specific violent crime which has been committed in a cruel way and has brought material damage;
2. Sufficient evidence shall exist to prove that the criminal suspect has committed such crime;
3. Disclosure shall be required for the public good only, such as the guarantee of the people’s right to know, the prevention of recidivism by a criminal suspect and the prevention of crimes;
4. A criminal suspect shall not be a juvenile referred to in subparagraph 1 of Article 2 of the Juvenile Protection Act.
(2) Where a public prosecutor or a judicial police officer makes a disclosure pursuant to paragraph (1), he/she shall make a careful decision, considering the criminal suspect's human rights, and shall not abuse such disclosure.
[This Article Newly Inserted by Act No. 10256, Apr. 15, 2010]
 Article 9 (Consultation on Trial Proceedings)
(1) A court may consult a public prosecutor and defense lawyer on the designation of a trial date or other matters regarding the proceedings of the case on a specific violent crime.
(2) Consultations under paragraph (1) shall be made to the minimum extent necessary for the trial proceedings and shall not affect a judgment.
(3) Where one party requests an examination of documentary evidence or other forms of evidence on a specific violent crime, he/she shall provide an opportunity of perusal to the other party in advance: Provided, That this shall not apply where the other party does not object thereto.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 10 (Intense Hearing)
(1) Where it takes at least two days to try a specific violent crime, a court shall continue to hold a hearing every day, if possible, for intense hearing.
(2) A presiding judge shall set the date for the next trial within seven days from the date for the preceding trial in the absence of special circumstances.
(3) A presiding judge shall request interested parties of the trial to keep the date for a trial and may take necessary measures therefor.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 11 (Physical Detention in Court)
Where a presiding judge deems that the accused indicted for a specific violent crime is feared to use violence or pose a flight risk, he/she may order to detain the accused in custody in the court or take other necessary measures.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 12 (Decision of Summary Judgment Procedures)
(1) Where a person accused of a specific violent crime confesses that the charges are true in a court, the court may decide to render a judgment in accordance with a summary judgment procedures. The same shall also apply in cases where a specific violent crime has been committed in conjunction with other crimes.
(2) Articles 286-3, 297-2, 301-2 and 318-3 of the Criminal Procedure Act shall apply mutatis mutandis to cases where decisions are made under paragraph (1).
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
 Article 13 (Pronouncement of Judgement)
Where a court hears closing arguments on a specific violent crime case, it shall promptly pronounce a judgement. Even where a specific violent crime case is complicated or any extenuating circumstance exists, the court shall pronounce a judgement within 14 days from the date of closing arguments.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1991.
(2) (Transitional Measures concerning Penal Provisions) Articles 2 through 5 shall not apply to crimes committed before this Act enters into force. In cases where a crime is committed during the period between before and after the enforcement of this Act, it shall be deemed committed before this Act enters into force.
(3) (Transitional Measures concerning Penal Provisions) Articles 6 through 13 shall not apply to cases of persons indicted prior to the date this Act enters into force.
ADDENDA <Act No. 4590, Dec. 10, 1993>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDUM <Act No. 7653, Aug. 4, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9765, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10209, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10256, Apr. 15, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 10431, Mar. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11574, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12198, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13716, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.