| Article 46 (Presiding Judge's Explanation, Deliberation, Verdict, and Discussion) |
| (1) | The presiding judge shall, upon closing of pleadings and arguments, explain to jurors in the court about essential points of prosecuted facts, applicable provisions of Acts, essential points of pleadings and arguments of the defendant and defense counsel, admissibility of evidence, and other significant matters. In such cases, an explanation about essential points of evidence may be also given, if necessary. |
| (2) | Jurors taking part in a trial shall deliberate on whether guilty or not guilty after hearing the explanation under paragraph (1), and may deliver a verdict if the jury reaches an unanimous verdict: |
| (3) | If the jury fails to reach an unanimous verdict of guilt or non-guilt, the jury shall hear opinions of judges who take part in the trial before delivering a verdict. In such cases, a verdict of guilt or non-guilt shall be concluded by a majority decision. Judges who take part in the trial shall not participate in the verdict, even in cases where they attend the deliberation and make statements on their opinions. |
| (4) | If a verdict delivered pursuant to paragraph (2) or (3) is guilty, jurors shall discuss sentencing with judges who take part in the trial and shall express their opinions. The presiding judge shall explain the extent of punishment and conditions of sentencing before discussing sentencing. |
| (5) | No verdict and opinions under paragraphs (2) through (4) shall be binding on the court. |
| (6) | Documents compiled with results of a verdict under paragraphs (2) and (3) and opinions under paragraph (4) shall be filed in the relevant trial records. |