| Article 5 (Eligible Cases) |
| (1) | A case enumerated in any of the following subparagraphs shall be eligible for a participatory trial (hereinafter referred to as "eligible case"): <Amended by Act No. 10258, Apr. 15, 2010; Act No. 11155, Jan. 17, 2012> |
| 1. | Cases falling under the jurisdiction of a collegiate panel under Article 32 (1) (excluding subparagraphs 2 and 5) of the Court Organization Act; |
| 2. | Cases of an attempt of, abetment, aiding, preparation, or conspiracy to commit an offense among cases falling under subparagraph 1; |
| 3. | Cases falling under subparagraph 1 or 2, and those falling under Article 11 of the Criminal Procedure Act, which are consolidated for a trial as a single case. |
| (2) | If a defendant does not want a participatory trial or if a decision to exclude is made pursuant to Article 9 (1), such case shall not proceed to a participatory trial. |