PART I
GENERAL PROVISIONS

CHAPTER I
JURISDICTION OF COURTS

Article 1 (Investigation of Jurisdiction ex officio)

The court shall ex officio investigate jurisdiction.

Article 2 (Wrong Jurisdiction and Effect of Proceedings)

The proceedings in an action shall not lose effect thereof by reason of wrong jurisdiction.

Article 3 (Execution of Duties outside Jurisdiction)

(1)In case it is necessary for the purpose of fact finding or in case of urgency, the court may, outside the district under its own jurisdiction, carry out its duties or take such measures as may be necessary for the fact finding.

(2)The provision of the preceding Paragraph shall apply mutatis mutandis to a commissioned judge.

Article 4 (Territorial Jurisdiction)

(1)The territorial jurisdiction of the court shall be determined by the place of offense, or the place of domicile or residence of the accused or by the place where the accused may be found.

(2)In respect to an offense committed on board a Korean vessel sailing outside Korea, in addition to the places mentioned in the preceding Paragraph, the territorial jurisdiction of the court shall be determined by the home port of the vessel or the place where such vessel has lain at anchor subsequent to the commission of the offense.

(3)The provisions of the preceding Paragraph shall apply mutatis mutandis to an offense committed in a Korean aircraft while outside Korean territory.

Article 5 (Consolidation of Territorial Jurisdiction)

When several cases falling under the territorial jurisdiction of different courts are co-related with each other, a court which has jurisdiction over one of them may exercise jurisdiction over the other cases.

Article 6 (Consolidated Proceedings for Territorial Jurisdiction)

When several co-related cases falling under the territorial jurisdiction of different courts are pending severally in different courts, the next immediately higher court being common to all such courts may, upon request of a public prosecutor or the accused, make a ruling that the cases shall be consolidated in one court.

Article 7 (Separate Proceedings for Territorial Jurisdiction)

In the event several co-related cases falling under the territorial jurisdiction of different courts are pending before one court, and there is any case unnecessary to be examined consolidatedly, the said court may, by means of a ruling, separate and transfer it to other court having jurisdiction.

Article 8 (Transfer of Case ex officio)

If an accused is not found inside the district under the territorial jurisdiction of the court, and if there are any special circumstances, the court may, by means of a ruling, transfer the case to an equivalent ranking court which has jurisdiction over the place where the accused is presently located.

Article 9 (Consolidation of Jurisdiction of Subject Matter)

When several cases the jurisdiction of the subject matter of which is different, are co-related with each other, the collegiate body of the court shall exercise jurisdiction over all of them by consolidation. However, the court may, by means of a ruling, transfer the case to a single judge of a court having jurisdiction over the cases.

Article 10 (Combined Proceedings for Jurisdiction of Subject Matter)

When several co-related cases the jurisdiction of the subject matter of which is different are severally pending before the collegiate body and a single judge of a court, the collegiate body of a court may, notwithstanding the jurisdiction of the subject matter, examine consolidatedly the case belonging to the jurisdiction of the single judge by means of a ruling.

Article 11 (Definition of Co-related Cases)

Several cases shall be deemed to be co-related in the following cases:

1.In case several offenses have been committed by one person;

2.In case several persons have jointly committed the same offense or a separate offense;

3.In case several persons have committed individually an offense at the same time and at the same place; and

4.The offense of harboring an offender, suppression of evidence, perjury, false expert testimony or interpretation, or the offense relating to the stolen goods, and the offense of the principal offender thereof.

Article 12 (One and Same Case pending before Several Courts)

When one and the same case is pending before several courts the jurisdiction of the subject matter of which is different, it shall be examined by the collegiate body of the court.

Article 13 (Concurrence of Jurisdiction)

When one and the same case is pending before several courts the jurisdiction of the subject matter of which is identical, the court in which the public prosecution therefor has first been instituted shall examine the case. However, the next immediately higher court being common to all such courts may, upon request of a public prosecutor or the accused, have the court in which the public prosecution therefor has been instituted later examine such case by means of a ruling.

Article 14 (Request for Designation of Proper Court)

In the following cases, a public prosecutor shall request the next immediately higher court being common to the first instance court concerned the designation of proper court:

1.When the jurisdiction district of the court is not clear; and

2.When there is no other proper court in respect to such case as the decision declaring the improper jurisdiction therefor has become final and conclusive.

Article 15 (Request for Transfer)

In the following cases, a public prosecutor or the accused may request the next immediately higher court the transfer of the case to other court:

1.When for a legal reason, or owing to special circumstances the court having jurisdiction is unable to exercise its judicial power; and

2.When owing to the nature of the offense, the popular sentiment of the district, the circumstances of the proceedings or any other circumstances, there is any apprehension that an impartial trial cannot be maintained.

Article 16 (Forms of Designation of Proper Court and Request for Transfer)

(1)In case of a request for designation of proper court or transfer to other court, a written application stating the cause shall be submitted to the next immediately higher court.

(2)When designation of proper court or transfer to other court is requested, after the institution of the public prosecution, notice thereof shall be immediately given to the court in which the public prosecution has been instituted.

Article 16-2 (Transfer to Military Court)

When a military court comes to have jurisdiction over a case in which public prosecution has been instituted or it is found that the military court has jurisdiction over such case, the court concerned shall, by means of a ruling, transfer such case to the same level of the military court having the jurisdiction. In this case, the proceedings already done before the transfer shall not lose the effect thereof by reason of the transfer. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

CHAPTER II
EXCLUSION, CHALLENGE AND REFRAINING OF COURT OFFICIALS

Article 17 (Reason for Exclusion)

In the following cases, a judge is excluded from the exercise of his duties: 1. In case he himself is the injured person; 2. In case he is or was a relative, head of a household or a family member of the accused or the injured person; 3. In case he is the legal representative, supervisor of guardianship of the accused or the injured person; 4. In case he has become a witness or an expert witness in regard to the case, or has become an agent of the injured person; 5. In case he has acted as the representative, counsel or assistant of the accused with respect to the case; 6. In case he has exercised the duties of a public prosecutor or a judicial police officer pertaining to the case; and 7. In case he has participated in the decision by the court below or investigation or trial which constituted the basis thereof in the case.

Article 18 (Reason for Challenge and Person entitled to Apply for Challenge)

(1)In the following cases, a public prosecutor or the accused may challenge a judge:

1.If a judge falls under any of the reasons referred to in Subparagraphs of the preceding Article; and

2.If there is any apprehension that a judge may render a partial judgment.

(2)A counsel may file a motion for challenge on behalf of the accused: Provided, That he shall not make anything contrary to the clear intention expressed by the accused.

Article 19 (Jurisdiction over Motion for Challenge)

(1)The challenge against a judge who is a member of a collegiate court shall be ruled upon by the court to which the judge belongs, and the challenge against a commissioned judge, requisitioned judge or single judge shall be moved before the judge concerned.

(2)A cause of challenge shall be made by preparing presumptive proof in writing within three days from day of the motion thereof.

Article 20 (Dismissal of Motion for Challenge and Conduct)

(1)A motion for challenge in contravention of the provisions of the preceding Article, shall be dismissed by means of a ruling by the court or judge which received such motion.

(2)The judge who has been challenged shall submit a written opinion on the motion for challenge without delay, except in the case of the preceding Paragraph.

(3)In case of the preceding Paragraph, when the challenged judge deems the challenge to be good, it shall be regarded as a ruling rendered.

Article 21 (Decision to Motion for Challenge)

(1)The decision on a motion for challenge shall be determined by a ruling of the collegiate body of the court to which the challenged judge belongs.

(2)The judge who has been challenged shall take no part in the decision mentioned in the preceding Paragraph.

(3)In case the court to which the challenged judge belongs does not constitute a collegiate body, the next immediately higher court shall decide it.

Article 22 (Motion for Challenge and Suspension of Proceedings)

Except in case of urgency, the proceedings therefor shall be suspended after a challenge is made except in a case falling under Article 20 (1).

Article 23 (Dismissal of Motion for Challenge and Immediate Appeal)

A ruling by which a motion for challenge is dismissed may be appealed immediately.

Article 24 (Cause of Challenge, etc.)

(1)In case a judge considers that there is any cause which falls under the provisions of Article 18, he shall refrain from passing on the matter.

(2)The motion to refrain shall be made in writing with the competent court.

(3)The provisions of Article 21 shall apply mutatis mutandis to the motion to refrain.

Article 25 (Exclusion, Challenge and Refraining of Court Officials of Grade IV, etc.)

(1)With the exception of the provision of Subparagraph 7 of Article 17, the provisions of this Chapter shall apply mutatis mutandis to court officials of Grade IV, VIII and interpreters.

(2)The ruling on challenges against court officials of Grade IV, VIII and interpreters under the preceding Paragraph shall be rendered by the court to which they belong. However, the ruling under Article 20 (1) shall be rendered by a judge of a court to which such challenged person belongs.

CHAPTER III
REPRESENTATION AND ASSISTANCE FOR ACTS OF LITIGATION

Article 26 (Person without Mental Capacity and Representation for Acts of Litigations)

In a case involving an offense to which the provisions of Articles 9 to 11 of the Penal Code do not apply and the accused or suspect is devoid of mental capacity, he shall be represented by his legal representative in regard to acts of litigation.

Article 27 (Juristic Person and Representation for Acts of Litigation)

(1)When the accused or suspect is a juristic person, it shall be represented by its representative in regard to acts of litigation.

(2)Even when a corporation is represented by two or more persons jointly, it shall be represented by each of them severally in respect to acts of litigation.

Article 28 (Special Proxy for Acts of Litigation)

(1)When there is no person to act for, or to represent the accused in accordance with the provisions of the preceding two Articles, a special representative shall be appointed by the court upon request of a public prosecutor or ex officio, and in case there is no person to act for, or to represent the suspect, a special representative shall be appointed by the court upon request of a public prosecutor or other interested person.

(2)The special representative shall exercise his functions until there is another person to perform the acts of litigation as proxy for or on behalf of the accused or the suspect.

Article 29 (Assistant)

(1)The legal representative, spouse, lineal relatives, brother or sister, or the head of a household of the accused or the suspect may become an assistant.

(2)A person who desires to become an assistant shall report in writing.

(3)An assistant may independently perform acts of litigation insofar as the acts are not against the clearly expressed intention of the accused or suspect, unless otherwise provided by law.

CHAPTER IV
DEFENSE

Article 30 (Persons entitled to Appoint Defense Counsel)

(1)The accused or suspect may appoint a defense counsel.

(2)The legal representative, spouse, lineal relatives, brother or sister, or the head of a household of the accused or suspect may independently appoint a defense counsel.

Article 31 (Qualification of Defense Counsel and Special Defense Counsel)

A counsel shall be appointed from among the attorneys at law. However, in special circumstances, the courts, other than the Supreme Court, may permit the selection as a counsel, one who is not an attorney at law.

Article 32 (Effects of Appointment of Defense Counsel)

(1)Selection of an attorney at law shall be submitted in each instance in writing under the name and seal of the defense counsel.

(2)Appointment of an attorney at law effected prior to the institution of public action shall also have its effect in the first instance.

Article 33 (Defense Counsel appointed by State)

In the following cases, if there is no defense counsel, the court shall appoint a counsel ex officio: 1. Where the accused is a minor; 2. Where the accused is seventy years of age or over; 3. Where the accused is deaf or mute; 4. Where the accused is suspected of mental and physical unsoundness; and 5. Where the accused is unable to select a defense counsel because of poverty or any other reason: Provided, That it is limited only in case there is a request of the accused.

Article 34 (Interview with the Accused or Suspect)

The defense counsel or a person who desires to be a defense counsel may have an interview with the accused or suspect who is placed under physical restraint, deliver or receive any documents or any other things and cause the accused or suspect to consult a doctor.

Article 35 (Inspection or Copying of Documents or Article of Evidence)

The defense counsel may inspect or copy documents or articles of evidence relating to the litigation pending in the courts.

Article 36 (Independent Act of Procedure by Defense Counsel)

The defense counsel may undertake acts of litigation in his name unless otherwise provided by law.

CHAPTER V
DECISION

Article 37 (Judgment, Ruling and Order)

(1)A judgment shall be rendered on the basis of oral proceedings except as otherwise provided by law.

(2)A ruling or an order shall not necessarily be based upon oral proceedings.

(3)In making a ruling or order, the court may, whenever necessary, make examination of facts.

(4)The examination mentioned in the preceding Paragraph may be assigned to a member of a collegiate court concerned, or a judge of another district court may be requisitioned.

Article 38 (Form of Decision in Writing)

In regard to the decision, the document of decision shall be prepared by a judge. However, in case the ruling or order is published, it may be made by entering it in the protocol instead of preparing a document of decision.

Article 39 (Reason of Decision)

A decision shall state plainly the reason therefor. In case of a ruling or order against which no appeal is allowed, reasons therefor may be dispensed with.

Article 40 (Necessary Entry in Document of Decision)

(1)The name, age, occupation or address of the person upon whom the decision is passed shall be entered in the document of decision except as otherwise provided by law.

(2)In case the person upon whom the decision is passed is a corporation, the name and location of office shall be stated.

(3)The official position and name of a public prosecutor and the name of the defense counsel who have participated in a public trial shall be stated in the document of judgment.

Article 41 (Signature, etc. in Document of Decision)

(1)The document of decision shall be signed and sealed by the judges who have participated in the decision.

(2)In case the presiding judge is unable to sign and seal the decision, another judge shall sign and seal the decision together with a statement as to the reason. The presiding judge shall sign and seal a decision on behalf of an associate judge who is unable to sign and seal, and shall state the reason for so signing.

Article 42 (Method of Pronouncement or Notification of Decision)

The pronouncement or notification of a decision shall be made by the document of decision in the public trial court, and in other cases it shall be made by means of delivery of a copy of the document of decision or by any other proper method, unless otherwise provided by law.

Article 43 (Method of Pronouncement or Notification of Decision)

The pronouncement or notification of a decision shall be made by the presiding judge. The pronouncement of the judgment consisting of the formal adjudication and the explanation thereof together with the reason for the judgment shall be read aloud.

Article 44 (Case Requiring Direction of Public Prosecutor for its Execution)

In regard to a decision which requires the direction of the public prosecutor for its execution, the copy of or extracts from the document of decision or the protocol in which the decision is entered shall be forwarded to the public prosecutor within ten days from the date of pronouncement or notification of a decision, unless otherwise provided by law.

Article 45 (Request for Transcript or Abridged Copy of Document of Decision)

The accused or any other person concerned in the case may, at his own cost, request the delivery of the transcript or the abridged copy of the document of decision or of the protocol in which the decision is entered.

Article 46 (Formation of Copy or Extracts of Document of Decision)

The copy of or extracts from the document of decision or the protocol in which the decision is entered shall be made on the basis of the original. However, in unavoidable circumstances, it may be made according to a copy thereof.

CHAPTER VI
DOCUMENTS

Article 47 (Non-Disclosure of Documents related to Action)

No document relating to a case shall be made public prior to the opening of public trial except for the necessity of public interest or other proper reason.

Article 48 (Method of Formation of Protocol)

(1)In case the accused, suspect, witness, expert witness, interpreter or translator is examined, the court official of Grade IV or VIII who has participated therein shall prepare the protocol.

(2)The protocol shall contain the following items: 1. The statement of the accused, suspect, witness, expert witness, interpreter or translator; and 2. In case the witness, expert witness, interpreter or translator has not been sworn, the reason therefor.

(3)The protocol shall be read aloud to the person who has made a statement or inspected by him, and the veracity of the contents of the statement shall be determined.

(4)If a person who has made a statement requests any change, deletion, or alteration, the statement shall be entered in the protocol.

(5)In case the public prosecutor, the accused, suspect or defense counsel who has participated in a trial, raises an objection to the accuracy of protocol, a statement of such objection shall be entered in the protocol.

(6)In case of the preceding Paragraph, the presiding judge or the judge who has participated in the trial may cause such a person to set forth in the protocol his opinion as to the objection.

(7)The party who has testified shall sign and seal the protocol after a seal stamped across a leaf and the contiguous leaf. When a party who has testified refuses to sign and seal the protocol, the reason shall be entered therein.

Article 49 (Protocol of Inspection of Evidence, etc.)

(1)In respect to inspection of evidence, seizure or search, a protocol shall be prepared.

(2)A protocol of inspection of evidence may be annexed to a drawing or photograph in order to preserve the status of the object inspected.

(3)The protocol concerning a seizure shall contain a statement as to the kinds, characteristics in appearance and quantity of goods seized.

Article 50 (Necessary Entries in Various Protocols)

The protocols mentioned in the preceding two Articles shall contain the date, time and place of investigation or disposition and the names and signatures and seals of the person who has executed the investigation or disposition and the court official of Grade IV or VIII who conducted it. In case, however, a court has made the investigation or disposition on a date other than the date of public trial, it shall contain the signatures and seals of the presiding judge or judge and the court official of Grade IV or VIII who conducted it.

Article 51 (Contents of Protocol of Public Trial)

(1)A protocol of public trial shall be prepared by a court official of Grade IV or VIII who has participated in the legal proceedings taking place on the date of public trial.

(2)The protocol of public trial shall contain the following items and all legal proceedings, and so forth:

1.Date and time of public trial and the name of the court;

2.Positions and names of the judge, public prosecutor, court official of Grade IV or VIII;

3.Names of the accused, legal representative, representative, defense counsel, assistant and interpreter;

4.Appearance or non-appearance of the accused;

5.The fact whether the trial was open to the public or not and the reason why it was held in closed session if it was not open to the public;

6.A statement of facts constituting the offense charged or reading the written indictment changed;

7.The fact that the accused was given an opportunity of making a statement to protect his rights, and the facts which he has stated;

8.Matters listed in Article 48 (2);

9.Documentary and real evidence examined, and the method of examination, when an investigation of evidence is made.

10.Inspection of seized evidence and other evidence produced in public trial court;

11.The gist of oral proceedings;

12.Matters ordered to be entered by the presiding judge or matters permitted to be entered by the presiding judge by request of a person involved in the litigation;

13.The fact that the final opportunity of making a statement was given to the accused or his defense counsel, and the facts which he has stated; and

14.The fact that judgment or decision was pronounced or declared.

Article 52 (Exceptional Application to Preparation for Protocol of Public Trial)

The provisions of Paragraphs (3) to (7) of Article 48 shall not apply to the protocol of public trial. However, a statement made by a person shall be read to him upon his request and if any change, deletion or alteration thereof is demanded, it shall be recorded therein.

Article 53 (Signature, etc. on Protocol of Public Trial)

(1)The protocol of public trial shall be signed and sealed by the presiding judge and the court official of Grade IV or VIII who has participated in it.

(2)In case the presiding judge is unable to sign and seal the protocol, another judge shall sign and seal instead of him, appending thereto the reason and, if none of the judges are able to sign and seal it, then the court official of Grade IV or VIII who has participated in the trial shall sign and seal it stating the reason therefor.

(3)In case the court official of Grade IV or VIII is unable to sign and seal the protocol, the presiding judge or another judge shall sign and seal it, stating the reason therefor.

Article 54 (Completion, etc. of Protocol of Public Trial)

(1)The protocol of public trial shall be completed in good order as soon as possible within five days after each public trial date.

(2)The summary of a hearing of previous testimony at a public trial shall be entered in the protocol before the next hearing. If the public prosecutor, the accused or defense counsel requests modification thereof or raises an objection to such entries, a statement of such request or objection shall be entered in the protocol.

(3)In case of the preceding Paragraph, a presiding judge may have a statement of such request or objection entered in the protocol.

Article 55 (Demand of Inspection of Protocol of Public Trial by the Accused)

(1)In absence of defense counsel, the accused may demand the inspection of the protocol of public trial.

(2)In case the accused is unable to read the protocol, he may demand the protocol to be read to him.

(3)If there has been no acceptance as to the demand of the preceding two Paragraphs, the protocol of public trial may not be an evidence of guilty.

Article 56 (Probative Value of Protocol of Public Trial)

Proceedings at hearings of a public trial which are written in the protocol can be proved only by such protocol.

Article 56-2 (Recordings of Protocol of Public Trial)

(1)The court may, if necessary in the examination of the defendant, a witness or any other person, record the whole or part of the questions and answers by allowing a stenographer to take notes thereof or by using a recording appliance.

(2)The defendant, defense counsel or public prosecutor may have the written notes or recording mentioned in the preceding Paragraph taken at his own expense. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 57 (Documents of Public Officials)

(1)All documents prepared by a public official shall contain the date of its preparation, the name of the office to which he belongs, his signature and seal, unless otherwise provided by law.

(2)A document shall bear a seal stamped across a leaf and the contiguous leaf.

Article 58 (Alterations by Public Official)

(1)When a public official prepares a document, he may not modify any letter of it.

(2)When any insertion, elimination or entry in the original is made, a seal shall be affixed thereon specifying the change. The deleted words shall be left clear enough to be readable.

Article 59 (Documents made by Person other than Public Official)

When a person other than a public official prepares a document, he shall insert date, and sign and affix his seal thereon. In case he has no seal, he shall use his finger print.

CHAPTER VII
SERVICE

Article 60 (Substituted Service)

(1)In case the accused, legal representative, representative, defense counsel or assistant has no dwelling or office where documents can be served, situated in the jurisdiction of the court, he shall appoint a person who has a dwelling or office situated in the jurisdiction of the court as his receiver and submit a written report signed by him and the receiver.

(2)With regard to the service, the receiver shall be regarded as the principal and his dwelling or office shall be considered as the principal's dwelling or office.

(3)The appointment of the receiver shall have effect in all courts located in the same jurisdiction.

(4)The provisions of the preceding three Paragraphs shall not apply to those who are detained.

Article 61 (Service by Mail)

(1)In case a person who is required to appoint a receiver fails to do so, documents may be served by mail by the court official of Grade IV or VIII or clerk or by any other suitable method.

(2)In case the document is served by mail, it shall be considered as served when the document is delivered.

Article 62 (Service to Public Prosecutor)

Service of documents to a public prosecutor shall be made to public prosecutor's office where he belongs.

Article 63 (Cause of Service by Public Notice)

(1)When the dwelling, office or present residence of the accused is unknown, the service may be made by public notice.

(2)The provisions of the preceding Paragraph shall also apply when the service cannot be made by any other means in case the accused is present in a place over which the court has no territorial jurisdiction.

Article 64 (Method of Service by Public Notice)

(1)Service by public notice may be made only when a court so orders in accordance with the Supreme Court Regulations.

(2)Service by public notice shall be made by the court official of Grade IV or VIII preserving the documents to be served and by his putting a summary thereof on the court bulletin board to show it to the public.

(3)The court may order publication of the summary mentioned in the preceding Paragraph in an official Gazette or the newspapers.

(4)The first service by public notice shall become effective two weeks after the date of the public notice mentioned in Paragraph (2): Provided, That any second or subsequent service by public notice (of further proceedings in the case)

shall become effective five days after the date of public notice mentioned in Paragraph (2).

Article 65 (Application of Civil Procedure Code)

The Civil Procedure Code shall apply mutatis mutandis in respect to service of documents except otherwise provided by law.

CHAPTER VIII
PERIOD

Article 66 (Calculation of Period)

(1)In calculation of periods, those that are calculated by hours shall be to run immediately, while in the calculation of days, months or years, the first day shall not be included: Provided, That the first day of a period of prescription and detention shall be counted as one day irrespective of the number of hours involved.

(2)Fixed period by year or month shall be calculated in accordance with the calendar.

(3)If the last day of a period falls on a public holiday, it shall not be included in the calculation. However, this shall not apply to the case of a period of prescription and detention.

Article 67 (Extension of Legal Period)

(1)A legal period may be extended in accordance with the distance between the place of domicile or office of the person who is required to comply with procedural acts and the location of the court or the public prosecutor's office, by one day for every thirty kilometers of water or land passage. One day shall be added if the whole distance or the last remainder is under thirty kilometers but over ten kilometers.

(2)In spite of the preceding Paragraph a suitable period may be fixed for the benefit of other person who are outside Korea or in a place of inconveniency with transportation in accordance with the Supreme Court Regulations.

CHAPTER IX
SUMMONS AND DETENTION OF THE ACCUSED

Article 68 (Summons)

A court may summon an accused.

Article 69 (Definition of Detention)

Arrest or confinement shall be included in detention as referred to in this Act.

Article 70 (Causes for Detention)

(1)The court may detain the accused when there is reasonable ground to suspect that he has committed a crime and he falls under any of the following Subparagraphs: 1. When he has no fixed dwelling; 2. When there is reasonable ground enough to suspect that he may destroy evidences; and 3. When he escapes or there is reasonable ground enough to suspect that he may escape.

(2)In respect to cases involving a fine of 50,000 Won or less, detention or minor fines, the accused shall not be detained except in the case of Subparagraph 1 of the preceding Paragraph.

Article 71 (Effect of Arrest)

The accused who has been arrested shall be released within twenty-four hours from the time he was brought to a court when it is determined to be unnecessary to detain him.

Article 72 (Detention and Notice of Cause)

The accused shall not be placed under detention before the court has informed him of the gist of facts constituting the offense, of the cause for detention and of the fact that he may select a defense counsel, and before the court has given him the opportunity to defend himself.

Article 73 (Issuance of Warrant)

The summons, or arrest of an accused shall be effected by issuing a writ of summons, or a warrant of arrest.

Article 74 (Form of Writ of Summons)

A writ of summons shall contain the name and address of the accused, the name of the crime, the date, time and place for appearance; a statement that a warrant of detention may be issued if there is apprehension to suspect he may escape in case he fails to appear without good reason, and the signature and seal of the presiding judge or commissioned judge issuing the writ.

Article 75 (Form of Warrant of Detention)

(1)A warrant of detention shall contain the name and address of the accused, the name of the crime, essential facts concerning the public action, the place to bring the accused or prison where he is to be detained, the date of issue, effective period of the writ and a statement that the warrant shall not be executed after the lapse of such period whence it shall be returned to the court of issuance, and the signature and seal of the presiding judge or commissioned judge issuing the warrant.

(2)In case the name of the accused is uncertain, he may be identified by the description of his countenance, build, or other features identifying him.

(3)In case the address of the accused is uncertain, it need not have to be stated.

Article 76 (Service of Writ of Summons)

(1)Writs of summons shall be served.

(2)If the accused submits a document stating that he will appear on a date fixed for hearing, or if the court orders the accused orally, who appears on a date for hearing, to appear on the next date for hearing, it shall have the same effect as service of a writ of summons.

(3)In case his appearance has been orally ordered, the gist thereof shall be entered in the protocol.

(4)The accused who is detained in a prison or detention house may be summoned by notifying the correction officials.

(5)When the accused has received notification for summons from the correction officials, the notification shall have the same effect as the service of the writ of summons.

Article 77 (Requisition of Detention)

(1)A court may requisition a judge of a district court of the place where the accused is presently located to detain the accused.

(2)In case the accused is not present in the territorial jurisdiction of the requisitioned judge, he may in turn requisition a judge of a district court of the place where the accused is located.

(3)The requisitioned judge shall issue a warrant of arrest.

(4)The provisions of Article 75 shall apply mutatis mutandis to the warrant of arrest provided in the preceding Paragraph.

Article 78 (Procedure for Warrants of Detention by Requisition)

(1)The judge who has issued a warrant of detention by requisition in case of the preceding Article shall, within twenty-four hours from the time when the accused is brought in, make an inquiry as to whether any mistake has been made as to his identity.

(2)If there has been no mistake as to the identity of the accused, he shall be promptly delivered to the designated court.

Article 79 (Order of Appearance or Accompany)

The court may, in case of necessity, order the accused to appear or be accompanied to the designated place.

Article 80 (Urgent Measures)

In case of urgency, a presiding judge may take the measures provided for in Articles 68 to 73, 76, 77 and the preceding Article, or cause a member of the collegiate court to do so.

Article 81 (Execution of Warrant of Detention)

(1)A warrant of detention shall be executed by a judicial police officer under the direction of a public prosecutor: Provided, That in case of urgency, the execution may be directed by a presiding judge, a commissioned judge, or a requisitioned judge.

(2)In case of the proviso of the preceding Paragraph, a warrant of detention may be executed by court official of Grade IV or VIII. In such a case, court official of Grade IV or VIII may, if necessary, demand assistance from a judicial police officer, or may execute it outside the jurisdiction.

(3)A warrant of detention issued against the accused who is in a prison or detention house shall be executed by a correction official under the direction of a public prosecutor.

Article 82 (Preparation of Several Warrants of Detention)

(1)The warrant of detention against the accused may be issued in plurality to several judicial police officials.

(2)In case of the preceding Paragraph, the fact shall be entered in each warrant of detention.

Article 83 (Execution and Requisition of Warrant of Detention outside Jurisdiction)

(1)A public prosecutor may, in case of necessity, conduct execution of a warrant of detention outside the jurisdiction, or request it to be conducted by a public prosecutor who is in the competent jurisdiction.

(2)A judicial police official may, in case of necessity, execute a warrant of detention outside the jurisdiction, or request it to be executed by a judicial police officer who is in the competent jurisdiction.

Article 84 (Request for Investigation to Chief Public Prosecutor)

When the present location of the accused is uncertain, a presiding judge may commission the chief public prosecutor of the High public Prosecutor's Office or district public prosecutor's office to conduct an investigation and execute a warrant of detention.

Article 85 (Procedure for Execution of Warrant of Detention)

(1)In executing a warrant of detention, it shall be shown to the accused without fail, who shall be promptly taken to court designated or other place.

(2)In executing a warrant of detention as provided in Article 77 (3), the accused shall be brought before the judge who has issued the warrant.

(3)In case of urgency, even if the warrant of detention is not in hand, the warrant may be executed after the accused has been informed of the facts concerning the public action and of the fact that the warrant has been issued.

(4)Upon completion of the execution as provided in the preceding Paragraph, the warrant of detention shall be shown as soon as possible.

Article 86 (Provisional Detention of the Accused under Guard)

In case the accused against whom a warrant of detention has been executed is to be kept under guard, he may, if necessary, be detained provisionally in the nearest prison or detention house.

Article 87 (Notice of Detention)

(1)When the accused is detained, his defense counsel shall be notified of the gist of facts concerning the name of offense, the time and place of detention, and the cause for detention. If the accused does not have a defense counsel, the person designated by the accused from among the persons mentioned in Paragraph (2) of Article 30 shall be informed of the facts of the case and that he may select a defense counsel.

(2)The notice provided for in Paragraph (1) shall be made in writing without delay.

Article 88 (Detention and Notice of Facts, etc. concerning Public Action)

When the accused is detained, he shall immediately be informed of the facts concerning the public action against him and of the facts that he may select his defense counsel.

Article 89 (Interview with the Detained Accused)

The accused who is under detention may, insofar as the Acts permit, talk with any other persons, or deliver to or receive from them documents or other things and also receive medical treatment from a doctor.

Article 90 (Application for Defense Counsel)

(1)The accused who has been detained may apply to the court or to the director of a prison or detention house or his substitute, for the selection of a named defense counsel.

(2)The court or the director of a prison or detention house or his substitute who has received such an application as referred to in the preceding Paragraph shall promptly give notice of such fact to the attorney at law designated by the accused.

Article 91 (Interview with Person other than Lawyer)

When there is reasonable grounds to suspect that the accused under detention may escape or destroy evidence, a court may, upon request of a public prosecutor or ex officio, forbid him, by a ruling, to talk with persons other than those mentioned in Article 34, or to examine documents or other things which he may receive from or deliver to such persons, and further forbid him to deliver, receive, or seize such things. However, he shall not be forbidden to receive clothing, food or medical supplies nor shall they be seized.

Article 92 (Detention Period and Its Renewal)

(1)A period of detention shall not exceed two months. In case the continuance of the detention is especially necessary, the period of detention may be renewed twice in each instance only by a ruling.

(2)The period of the renewed detention shall also not exceed two months.

(3)Any period during which the proceedings of a public trial is suspended, in accordance with the provisions of Article 306 (1) and (2), shall not be added to the computation of the period mentioned in the preceding two Paragraphs.

Article 93 (Rescission of Detention)

When the grounds of or necessity for detention have ceased to exist, the court shall, upon request of a public prosecutor, the accused or his defense counsel or persons specified in Paragraph (2) of Article 30, or ex officio, rescind the detention, by means of a ruling.

Article 94 (Request for Release on Bail)

The accused under detention or his defense counsel or person specified in Paragraph (2) of Article 30 may request release of the accused on bail.

Article 95 (Essential Release on Bail)

When a request for release on bail has been made, it shall be allowed except in the following cases:

1.When the accused is charged with an offense punishable with death penalty, penal servitude or imprisonment for life or exceeding ten years;

2.When the accused is an old offender or commits habitual crimes;

3.When there is reasonable ground to suspect that the accused has destroyed or may destroy evidences;

4.When there is reasonable ground to suspect that the accused escapes or may escape; and

5.When the dwelling of the accused is unknown. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 96 (Release on Bail ex officio)

A court may, by a ruling, if it deems it proper, permit release on bail upon request of those who are specified in the provisions of Article 94 or ex officio, irrespective of the provisions of the preceding Article.

Article 97 (Cancellation of Release on Bail and Detention and Opinions of Public Prosecutors)

(1)A court shall seek the opinions of a public prosecutor before it renders a ruling to allow release on bail: Provided, That if he does not express his opinions within three days, it shall be deemed as concurrence with permission for release on bail.

(2)The preceding Paragraph shall also apply to a ruling on cancellation of detention, except for the cancellation upon request by public prosecutors.

(3)Immediate appeals (hanggo) may be made by public prosecutors against rulings of allowing release on bail and cancellation of detention. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 98 (Release on Bail and Bail Money)

(1)Where release on bail is granted, an amount of bail money sufficient and adequate to insure the presence of the accused shall be determined by consideration of the following matters:

1.The nature and circumstances of the offense;

2.Weight of evidence against the accused; and 3. His previous offense, character, circumstances and financial ability.

(2)The court shall not fix the bail money beyond financial ability of the accused.

Article 99 (Condition of Release on Bail)

When release on bail is granted, restriction may be imposed on the dwelling of the accused, or any other proper conditions may be imposed.

Article 100 (Procedure of Execution of Release on Bail)

(1)A ruling granting release on bail shall not be executed before the bail money has been paid.

(2)A court may permit a person other than the person demanding bail to pay the bail money.

(3)A court may permit negotiable securities, or a written undertaking produced by a person other than the accused to be substituted for bail money.

(4)A statement that the bail money shall be paid on demand shall be entered in the undertaking of the preceding Paragraph.

Article 101 (Suspension of Execution of Detention)

(1)A court may, by means of a ruling, if it deems it proper, suspend the execution of detention by placing the accused under the supervision of relatives, protective institutions, and/or other proper persons, or restricting area of his dwelling.

(2)Before making the ruling referred to in Paragraph (1), the court shall seek opinions of a public prosecutor: Provided, That exceptions shall be made in case of emergency.

(3)Public prosecutors may file immediate appeals (hanggo) to the ruling under Paragraph (1).

(4)If a request for release is made for National Assemblymen who are detained pursuant to Article 44 of the Constitution, execution of warrant of detention shall naturally be suspended.

(5)The Attorney General who receives the notification of the request for release referred to in the preceding Paragraph, shall immediately direct the release and notify the competent court of the reason therefor. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 102 (Revocation of Release on Bail, etc. or Confiscation of Bail Money)

(1)When the accused escapes, there is reasonable ground to suspect that he may escape or destroy evidences, he fails to appear without due reasons when summoned or he violates the restriction of the dwelling or other conditions specified by the competent court, the court may, ex officio or upon request by public prosecutors, by a ruling, cancel release on bail or the suspension of execution of detention: Provided, That the suspension of execution of warrant of detention under Article 101 (4) shall not be cancelled during the session concerned.

(2)In case the release on bail is cancelled, the court may, by means of a ruling, cause forfeiture of the whole or a part of the bail money.

Article 103 (Final Judgment and Confiscation of Bail Money)

When a person released on bail against whom a sentence has been given and the judgment has become final, has failed to appear without justifiable reason when ordered before the court for execution, or has taken flight, the court shall, on motion of a public prosecutor or ex officio, by means of a ruling, cause forfeiture of the whole or a part of the bail money.

Article 104 (Refund of Bail Money)

When detention or release on bail is rescinded, or the term of the warrant of detention expires, the part of the bail money which is not forfeited shall be returned within seven days on demand.

Article 105 (Appeal and Ruling of Detention)

In regard to a case for which the time for appeal has not expired or in which the appeal is pending, a ruling for renewal of the period of detention, rescission of detention, suspension of execution of detention or release on bail, or rescission of suspension thereof shall be rendered by the original court so far as the record of trial is filed with the original court.

CHAPTER X
SEIZURE AND SEARCH

Article 106 (Seizure)

(1)When it is necessary, a court may seize any articles which, it believes, may be used as evidence, or liable to confiscation except as otherwise provided in this or other Acts.

(2)A court may designate articles to be seized and order the owner, possessor, or custodian thereof to produce such articles.

Article 107 (Seizure of Postal Matters)

(1)A court may seize or cause to be produced postal matters or papers relating to telegrams dispatched by or to the accused, which are in custody or possession of a government office or any other person transacting communication business.

(2)Postal matters or papers relating to telegrams other than those mentioned in the preceding Paragraph, which are in the custody or possession of a government office or any other person transacting communication business, may be seized or caused to be produced, only when there are circumstances which warrant their being considered to be connected with the case in hand.

(3)When any disposition has been effected under the provisions of the preceding two Paragraphs, notice of such facts shall be given to the sender or to the addressee. However, this shall not apply if there is apprehension that such notification may obstruct judicial proceedings.

Article 108 (Seizure of Voluntarily Produced Articles, etc.)

Articles which have been dropped or left or voluntarily produced by their owner, possessor or custodian may be retained without a warrant of seizure.

Article 109 (Search)

(1)A court may, if necessary, search the person, effects or dwelling or any other place of the accused.

(2)The person, effects, dwelling or any other place of a person other than the accused may be searched only when there are circumstances which warrant the be lieuf that there are articles liable to seize therein.

Article 110 (Military Secrets and Seizure)

(1)Seizure and search shall not be executed in a place where secret military matters might be endangered without permission of the person in charge.

(2)The person in charge referred to in the preceding Paragraph may not refuse to grant such consent except in a case where compliance would be prejudicial to important interests of the State.

Article 111 (Public Secrets and Seizure)

(1)In respect to articles held in the custody or possession of a person who is or was a public official, such articles may be seized only with the consent to such public office concerned or its supervisory office if the person or the public office to which he belongs or belonged declares that they relate to an official secret.

(2)Such office or its supervisory office may not refuse to give such consent except in cases where compliance would be prejudicial to important interests of the State.

Article 112 (Professional Secrets and Seizure)

A person who is, or was, a licensed advocate, patent attorney, notary public, certified public accountant, licensed tax accountant, public scrivener, doctor, herb doctor, dentist, pharmaceutist, druggist, midwife, nurse, or a religious functionary may resist seizure of articles held in his custody or possession in consequence of mandate he has received in the course of his profession and which relates to secrets of other persons. However, this shall not apply if the principal has consented to such seizure, or if it is necessary for important public interests.

Article 113 (Warrant of Seizure or of Search)

A warrant of seizure or of search shall be issued in case a seizure or search is to be effected other than in open court.

Article 114 (Forms of Warrants)

(1)A warrant of seizure or of search shall contain the name of the accused and the offense, the articles to be seized, or the place, person or articles to be searched, date of its issue, effective period, and a statement that the warrant shall not be executed after the lapse of such period and shall be returned to the court of issuance, the signature and seal of the presiding judge or commissioned judge, and such other matters as prescribed by the Supreme Court Regulations.

(2)The provision of Paragraph (2) of Article 75 shall apply mutatis mutandis to the warrant referred to in the preceding Paragraph.

Article 115 (Method of Execution of Warrant)

(1)A warrant of seizure or of search shall be executed by a judicial police official under the direction of a public prosecutor. However, in case of need, the presiding judge may cause a court official of Grade IV or VIII to execute the warrant.

(2)The provisions of Article 83 shall apply mutatis mutandis to the execution of a warrant of seizure or of search.

Article 116 (Notabilia)

In the execution of seizure or of search, the person who executes it shall not disclose information to unauthorized persons and take necessary caution not to injure the reputation of persons disposed.

Article 117 (Assistance for Execution)

In the execution of warrant of seizure or of search, a court official of Grade IV or VIII, if necessary, may request assistance to a judicial police official.

Article 118 (Suggestion of Warrant)

A warrant of seizure or of search shall be shown to the person upon whom the warrant is to be served.

Article 119 (Prohibition of Entrance or Leave)

(1)During the execution of a warrant of seizure or of search, persons may be forbidden to enter or leave the place.

(2)Any person who does not comply with the prohibition of the preceding Paragraph may be forced to withdraw or be placed under guard until the execution of the warrant is completed.

Article 120 (Execution of Warrant and Necessary Measures)

(1)In the execution of a warrant of seizure or of search, locks may be removed or seals opened, or any other necessary measures taken.

(2)The measures of the preceding Paragraph may be taken for the seized articles.

Article 121 (Execution of Warrant and Presence of Parties)

A public prosecutor, the accused or his defense counsel may be present when a warrant of seizure or of search is being executed.

Article 122 (Execution of Warrant and Notice of Presence)

In case a warrant of seizure or of search is to be executed, the persons listed in the public prosecution shall be notified of the date and place of execution in advance. However, this shall not apply to the case where a person prescribed in the preceding Article, clearly expresses his will in advance to the court that he does not desire to be present or to the case of urgency.

Article 123 (Execution of Warrant and Presence of Responsible Party)

(1)In case warrant of seizure or of search is to be executed in a public office, military airplane, vessel or vehicle, the responsible person shall be notified to be present.

(2)Where, apart from cases governed by the provisions of the preceding Paragraph, a warrant of seizure or of search is to be executed in the dwelling of a person, or in premises, building, airplane, vessels or vehicles which are guarded, the owner, guard or person acting for them shall be present.

(3)In case the persons mentioned in the preceding Paragraph are not available, a neighbor or an official of the local public entity shall be present.

Article 124 (Search of Female)

When the person of a woman is searched, another woman of full age shall be present.

Article 125 (Restriction on Execution at Night)

Before sunrise and after sunset, the dwelling of a person, or premises, a building, airplane, or vessel or vehicle under guard shall not be entered for the purpose of the execution of a warrant unless the warrant includes a statement that it is to be executed at night.

Article 126 (Exception of Limitation of Execution at Night)

The restriction provided in the preceding Article shall not be observed in respect to the execution of a warrant of seizure or of search in the following places: 1. Places which are considered to be habitually used for gambling and acts prejudicial to good morals; and 2. Inns, restaurants, or other places to which the public has access at night-time, but only during the hours when they are open to the public.

Article 127 (Suspension of Execution and Necessary Measures)

When it is necessary in case the execution of a warrant of seizure or of search is suspended, the place concerned may be closed or a guard may be placed there until the execution is completed.

Article 128 (Delivery of Certificate)

When a search has been made without discovering any evidence or articles liable to confiscation, a certificate to that effect shall be delivered on demand to the person who has been object of such search.

Article 129 (Delivery of Inventory of Property)

In case of seizure, an inventory of the seized property shall be made and given to the owner, possessor or custodian of the property, or to the person who represents him.

Article 130 (Custody and Abrogation of Seized Articles)

(1)In respect to articles seized which can not be conveniently transported or held in custody, either a guard may be placed over them or the owner or some other person may be asked to voluntarily assume custody thereof.

(2)Article seized may be destroyed or discarded if there is apprehension that they may cause danger.

Article 131 (Notabilia)

Considerable care shall be exercised to prevent losses or damage etc. to seized articles.

Article 132 (Custody of Proceeds from Seized Articles)

If there is apprehension that articles seized which are liable to confiscation may be lost, destroyed or damaged, or rotten, or if it is inconvenient to hold them in custody, they may be sold by order of a court and the proceeds held in custody.

Article 133 (Restoration or Temporary Restoration of Articles Seized)

(1)Seized articles may be restored to the owner without waiting the completion of the case, on order by the court that their continued possession is not necessary. On demand of the owner, possessor, custodian, or a party who has produced them, articles under seizure to be produced as evidence may be temporarily restored.

(2)Where an article seized only for evidence, is required to be used continuously by the owner or possessor, an immediate return may provisionally be made after photographing it, or taking other necessary measures to preserve its original status.

Article 134 (Return of Goods to Rightful Owner)

If a reason for return is apparent, wrongfully obtained goods shall be restored to the rightful owner, before the completion of the case, by means of a ruing.

Article 135 (Disposition of Seized Articles and Notice to the Party)

In case of the preceding three Articles, the public prosecutor, the rightful owner, the accused or his defense counsel shall be notified in advance.

Article 136 (Commissioned Judge and Requisitioned Judge)

(1)A judge (commissioned judge) of a collegiate court may cause a seizure or search to be made, or a judge (requisitioned judge) of a district court at the place where such a seizure or search is to be effected may be requested to do so by a court.

(2)In case the object of a seizure or search is not in the area under his control, a requisitioned judge may request a judge of another district court in the jurisdiction concerned to effect it.

(3)As regards seizure or search effected by a commissioned judge or a requisitioned judge, the provision related to seizure or search effected by a court shall apply mutatis mutandis.

Article 137 (Execution of Warrant of Arrest and Search)

When it is necessary for the purpose of executing a warrant of arrest, a public prosecutor, judicial police official or court official Grade IV or VIII may enter the dwelling of a person, or the premises, building, airplane, vessel, or vehicle which are guarded, for search of the accused.

Article 138 (Applicable Provisions)

The provisions of Articles 119, 120, 123 and 127 shall apply mutatis mutandis to the search by the public prosecutor, judicial police officer, the court official of Grade IV or VIII based on the provisions of the preceding Article.

CHAPTER XI
EVIDENCE BY INSPECTION

Article 139 (Evidence by Inspection)

If it is necessary for the purpose of discovering facts, a court may effect an inspection of evidence.

Article 140 (Evidence by Inspection and Necessary Disposition)

Persons may be examined, corpses dissected, graves opened, things broken or other necessary steps may be taken to effect proper inspection of evidence.

Article 141 (Caution for Physical Examination)

(1)In examining persons, the sex, age, condition of health and other circumstances of the person to be inspected shall be taken into consideration and measures, taken in the choice of the method, not to damage his or her health and reputation.

(2)The inspection of a person who is not the accused may be carried out only when there is a cogent reason indicating a source of evidence.

(3)In case the person of a woman is examined, a doctor or another woman of full age shall be present.

(4)In case of dissecting a corpse or of opening a grave, proper respect for the remains shall be observed, and the bereaved family shall be notified in advance.

Article 142 (Physical Examination and Summons)

A court may summon persons other than the accused either to the court or to other place designated for the purpose of examining the person.

Article 143 (Restriction of Time)

(1)Before sunrise and after sunset, the dwelling of a person, or the premises, buildings, airplane, vessel or vehicles guarded by persons may be entered for the purpose of inspection only with the consent of the owners or guards or person acting for them. However, this shall not apply when there is apprehension that the object of inspection might not be available after sunrise.

(2)Inspection commenced before sunset may be continued after sunset.

(3)In the places mentioned in Article 126, the restriction specified in Paragraph (1) need not be observed.

Article 144 (Assistance for Inspection)

A judicial police official may, if necessary, be ordered to assist in an inspection.

Article 145 (Applicable Provisions)

The provisions of Articles 110, 119 to 123, 127 and 136 shall apply mutatis mutandis to inspection of evidence.

CHAPTER XII
EXAMINATION OF WITNESS

Article 146 (Qualification of Witness)

Except as otherwise provided in law, a court may examine any person as a witness.

Article 147 (Public Secrets and Qualification of Witness)

(1)If, in respect to facts of which a person who is or was a public official has obtained knowledge in the course of his duties, either such person himself, or the public office to which he belongs or belonged, declares that they relate to official secrets, he shall not be examined as a witness without the consent of the competent public office or supervisory office.

(2)Such office may not refuse to give such consent except in cases where compliance would be prejudicial to important interests of the State.

Article 148 (Criminal Responsibility of Near Relative and Refusal of Witness)

A person may refuse to testify when such testimony may be the cause of criminal prosecution or public action, or conviction for him or any person in the following classes: 1. Relative, head of a household or a family or any person who was in such relationships to witness; and 2. Legal representative or supervisor of guardianship.

Article 149 (Secrets in Professional Line and Refusal of Witness)

A person who is, or was an advocate, patent attorney, notary public, certified public accountant, licensed tax accountant, public scrivener, doctor, herb doctor, dentist, pharmacist, druggist, midwife, nurse, or religious functionary may refuse to testify in respect to facts of which he has obtained knowledge in consequence of a mandate he has received in professional lines and which relate to secrets of other persons. However, this shall not apply if the principal has consented, or if the testimony is deemed necessary for important interests of the State.

Article 150 (Vindication of Reason for Refusal of Witness)

A person who refuses to testify shall offer presumptive proof as to his reason for refusing to testify.

Article 151 (Failure in Attendance and Fine for Negligence, etc.)

(1)When persons who are summoned as witnesses, fail to appear without good reason, they shall be punished, by a ruling, with a minor fine of 50,000 Won or less, and they may be ordered to compensate for expenses occasioned by such failure.

(2)An immediate appeal may be filed against the ruling mentioned in the preceding Paragraph.

Article 152 (Disobedience to Summons and Detention)

A witness who does not obey a summons without justifiable reason may be punished by detention.

Article 153 (Applicable Provisions)

The provisions of Articles 73, 74 and 76 shall apply mutatis mutandis to the summons of a witness.

Article 154 (Summons of Witness within Precinct of Court)

A witness who is within the precinct of a court may be examined without summons.

Article 155 (Applicable Provisions)

The provisions of Articles 73, 75, 77, 81 to 83, and Paragraphs (1) and (2) of Article 85 shall apply mutatis mutandis to the detention of a witness.

Article 156 (Oath of Witness)

A witness shall be caused to take an oath except as otherwise provided by law.

Article 157 (Forms of Oath)

(1)The oath shall be based on a written oath.

(2)The written oath shall state "I swear that there is no falsity, upon my conscience, in my statement, and if there is any, I shall be punished for its falsity."

(3)A presiding judge shall cause a witness to read the written oath and sign and seal it. In case the witness cannot read or sign the written oath, court official of Grade IV or VIII shall act for him.

(4)The oath shall be taken with dignity and solemnity in the state of standing up.

Article 158 (Admonishment to Sworn Witness)

A presiding judge shall admonish the witness to be aware of the punishment for perjury before being sworn.

Article 159 (Disability of Oath)

The following witnesses shall be examined without being sworn: 1. Person under 16 years of age; and 2. Person who can not understand the meaning of an oath.

Article 160 (Notice of Rights for Refusal of Witness)

A witness as described in Article 148 or 149 shall be instructed by a presiding judge before being examined that he may refuse to testify.

Article 161 (Refusal of Oath or of Witness and Fine for Negligence)

(1)When witnesses refuse to swear or testify without justifiable reason, they shall, by a ruling, be punished with a fine for negligence of 50,000 Won or less.

(2)An immediate appeal (hanggo) may be filed against the ruling mentioned in the preceding Paragraph.

Article 161-2 (How to examine a Witness)

(1)A witness shall be examined first by the party (public prosecutor, defense counsel or defendant) who requested his appearance, and then by the other party (public prosecutor, defense counsel or defendant).

(2)The presiding judge may examine the witness after the examination mentioned in the preceding Paragraph is completed.

(3)The presiding judge may, if he considers it necessary, irrespective of the provisions of the preceding two Paragraphs, examine the witness at any time, and may change the order of the examination mentioned in Paragraph (1).

(4)The method of examination of a witness who is to be examined by the court ex officio or by the application of a person who has been injured in consequence of an offense, shall be determined by the presiding judge.

(5)A member of a collegiate court may examine a witness after notifying the presiding judge to do so. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 162 (Examination of Witness)

(1)Examination of witness shall be done by examining each of the witnesses.

(2)In case a witness who has not been examined, is present in court, he may be ordered to withdraw.

(3)In case of need, a witness may be cross-examined with other witnesses or the accused.

(4)Deleted.

Article 163 (Presence at Examination)

(1)Public prosecutor, the accused or his defense counsel may be present at the examination of a witness.

(2)Notice of the date and place of the examination of a witness shall be given in advance to the persons who are entitled, by virtue of the preceding Paragraph, to be present at the examination. However, in case they announce clearly their desire not to be present, it shall not apply.

(3)Deleted.

Article 164 (Demand of Inquiry)

(1)In case a public prosecutor, the accused or his defense counsel desires not to be present at the examination of a witness, they may make inquiry relative to the necessary matters examined into.

(2)In case the testimony of a witness without presence of the accused or his defense counsel contains an unexpected and serious statement which is disadvantageous to the accused, the court shall give notice of the contents of such statement to the accused or his defense counsel.

Article 165 (Examination of Witness outside Court)

A court may summon a witness to a place other than the courtroom for examination or examine him at the place where he is, after hearing the opinion of the public prosecutor, the accused or his defense counsel, and taking into consideration the importance of the witness, his age, vocation, health condition, and other special circumstances.

Article 166 (Order to Proceed and Detention)

(1)A court, by means of a ruling, when deemed necessary, may order a witness to proceed to a designated place in company with others for examination.

(2)A witness may be arrested and placed in detention who violates the foregoing order without any justifiable reason.

Article 167 (Commissioned Judge or Requisitioned Judge)

(1)In case a witness is to be examined outside the court, a member of a collegiate court may be ordered to conduct such examination, or a judge of a district court at the place where the witness actually is may be requested to do so by a court.

(2)The requisitioned judge may, if the witness is not in his jurisdiction, request a judge of another district court which has the jurisdiction over the place where he is at present to make the examination.

(3)The commissioned judge or requisitioned judge may adopt necessary measure to examine a witness in jurisdiction of another court or presiding judge.

Article 168 (Expenses for Witnesses)

A witness may demand travelling expenses, daily allowance and lodging charge in accordance with the provisions of law. However, this shall not apply if, without good reason, he refuses to swear or to testify.

CHAPTER XIII
EXPERT EVIDENCE

Article 169 (Expert Evidence)

A court may order a person of learning or experience to give expert evidence.

Article 170 (Oath)

(1)An expert witness shall take an oath before expert evidence is given.

(2)The oath shall be based on a written oath.

(3)The written oath shall be as follows: "I swear to testify in accordance with my conscience and with due solemnity, and if there is any falsity, I shall be punished for false testimony."

(4)The provisions of Paragraphs (3) and (4) of Article 157, and Article 158 shall apply mutatis mutandis to the oath of an expert witness.

Article 171 (Report on Expert Evidence)

(1)As regards a process or result of expert evidence, the expert witness shall submit it in writing.

(2)In case there are several expert witnesses, the report shall be submitted individually or jointly.

(3)The reason behind expert opinions shall be clearly stated.

(4)If necessary, the expert witness shall be required to explain his opinion.

Article 172 (Expert Evidence outside Court)

(1)If necessary, a court shall allow the expert witness to give opinion outside the court.

(2)In case of the preceding Paragraph, the articles needed for an appraisal may be delivered to the expert witness.

(3)When expert evidence is required in respect to the mental or physical condition of the accused, a court may, if necessary, confine the accused in a hospital or other suitable place for a fixed period, and when it is completed, the confinement shall be terminated without delay.

(4)When the confinement as referred to in the preceding Paragraph is required, a warrant of confinement for expert opinion shall be issued.

(5)If it is necessary for the confinement under Paragraph (3), the court may, ex officio or upon request of administrators of hospitals or other places where the accused is to be confined, order judicial police officials to be guards of the accused.

(6)If necessary, the court may extend or shorten the period of confinement.

(7)The provisions on detention shall apply mutatis mutandis to the confinement under Paragraph (3) unless otherwise specified in this Act: Provided, That exceptions shall be made to the provisions on release on bail.

(8)The confinement under Paragraph (3) shall be regarded as detention in computation of number of days of unconvicted detention.

Article 172-2 (Confinement for Expert Opinion and Detention)

(1)When a warrant of confinement for expert opinion is executed against the accused under detention, it shall be regarded that during the period of the confinement of the accused, execution of the detention is suspended.

(2)In case of Paragraph (1), when the disposition of the confinement under Paragraph (3) of the preceding Article is cancelled or confinement period expires, it shall be regarded that the suspension of execution of detention is cancelled. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 173 (Necessary Disposition by Expert Witness)

(1)When it is necessary for the purpose of furnishing expert evidence, an expert witness may, with the permission of a court, enter the dwelling of a person, the premises, buildings, airplanes, vessels or vehicles guarded by persons; examine the person; dissect a corpse; open a grave, or break and alter things.

(2)A court shall, on granting the permission mentioned in the preceding Paragraph, issue a warrant of permission, in which the names of the accused and, offense, place to be entered, the person to be examined, corpse to be dissected, grave to be opened, things to be destroyed, the name of the expert witness and effective period shall be entered.

(3)The expert witness shall show the warrant of permission to the person who is subject to the disposition mentioned in Paragraph (1).

(4)The provisions of the preceding two Paragraphs shall not apply to the dispositions mentioned in Paragraph (1) which are effected by an expert witness in the courtroom.

(5)The provisions of Articles 141 and 143 shall apply mutatis mutandis to Paragraph (1).

Article 174 (Presence or Question by Expert Witness)

(1)In case of need, the expert witness may inspect real evidence or copy documents under permission of the presiding judge and may be present at the examination of the accused or witness.

(2)An expert witness may demand examination of the accused or witness, or may examine him directly by permission of the presiding judge.

Article 175 (Commissioned Judge)

A court may cause a member of a collegiate court to effect necessary measures before taking expert evidence.

Article 176 (Presence of the Party)

(1)Public prosecutor, the accused, or defense counsel may be present at an examination or inquiry by an expert witness.

(2)The provisions of Article 122 shall apply mutatis mutandis to the preceding Paragraph.

Article 177 (Applicable Provisions)

The provisions of Chapter XII, except the provisions as to detention, shall apply mutatis mutandis to expert evidence.

Article 178 (Expenses for Expert Witness)

An expert witness may demand fees for his opinion and reimbursement of any subrogated amount, in addition to travelling expenses, daily allowances and lodging charges under the conditions as prescribed by law.

Article 179 (Expert Witness)

In case a person is examined in regard to facts in the past which he knows by virtue of special knowledge, the provisions of Chapter XII shall govern instead of those of this Chapter.

CHAPTER XIV
INTERPRETATION AND TRANSLATION

Article 180 (Interpretation)

In case a person not versed in the Korean language is required to make a statement, an interpreter shall be provided to interpret.

Article 181 (Interpreter for Deaf or Mute)

In case a deaf or mute person is required to make a statement, an interpreter shall be provided to interpret.

Article 182 (Translation)

Letters, signs or marks not in the Korean language shall be translated.

Article 183 (Applicable Provisions)

The provisions of Chapter XIII shall apply mutatis mutandis to interpretation and translation.

CHAPTER XV
PRESERVATION OF EVIDENCE

Article 184 (Request and Procedure for Preservation of Evidence)

(1)The public prosecutor, the accused, a suspect, or his defense counsel may, when there are reasons which may make it difficult to use evidence unless it is preserved in advance, even prior to the date for the first public trial, request a judge to effect such measures as attachment, investigation, verification, examination of witness, or expert opinion.

(2)The judge who has received the request prescribed in the preceding Paragraph has the same power as a court or presiding judge has, regarding the disposition of such request.

(3)When making the request mentioned in Paragraph (1), the person shall offer presumptive proof as to the reason in writing.

Article 185 (Inspection, etc. of Documents)

A public prosecutor, the accused, a suspect, or defense counsel may inspect and also copy documents and evidence relating to the disposition mentioned in the preceding Article with permission of a judge.

CHAPTER XVI
COSTS OF TRIAL

Article 186 (Costs of Trial by the Accused)

(1)When a penalty has been pronounced, the whole or part of the trial costs shall be charged to the accused.

(2)Even where no penalty has been pronounced, any costs which have arisen from a cause imputable to the accused may be charged to him.

Article 187 (Costs of Trial by Co-Offender)

The costs of trial against co-defendants may be charged to them jointly.

Article 188 (Costs of Trial by Complaint, etc.)

If a decision of innocence or acquittal pronounced in respect to a case in which public prosecution has been brought upon complaint or accusation, the complainant or accuser may be charged in whole or in part with the costs of trial if he acted in bad faith or as a result of gross negligence.

Article 189 (Withdrawal of Appeal by Public Prosecutor and Costs of Trial)

In case only a public prosecutor has taken an appeal or requested a retrial, and the appeal taken or retrial requested has dismissed or withdrawn, the costs connected with the appeal or retrial shall not be charged to the accused.

Article 190 (Costs of Trial by the Third Party)

(1)If an appeal or retrial instituted by a person other than a public prosecutor is dismissed or withdrawn, the costs connected with the appeal or retrial shall be charged to such person.

(2)The provision of the preceding Paragraph shall apply to an appeal or a retrial lodged by the accused if it is withdrawn by a person other than the accused.

Article 191 (Decision on Costs of Trials)

(1)When the costs of trial are to be charged to the accused in case where the proceedings are terminated by decision, the decision relating to such costs shall be rendered ex officio.

(2)Against such decision as referred to in the preceding Paragraph, an appeal may be raised only when an appeal is made against merits in the decision.

Article 192 (Decision on Costs of Trial by the Third Party)

(1)When the costs of trial are to be charged to a person other than the accused in case where the proceedings are terminated by decision, a ruling for the purpose shall be rendered ex officio.

(2)Against such ruling as referred to in the preceding Paragraph, an immediate appeal may be made.

Article 193 (Costs of Trial not by Decision)

(1)When the costs of trial are to be charged in case where the proceedings are terminated otherwise than by decision, a ruling on costs shall be rendered ex officio by the court in which the case was last pending.

(2)Against such a ruling as referred to in the preceding Paragraph, an immediate appeal may be made.

Article 194 (Amounts of Trial)

If the decision ordering the cost of trial to be borne, does not fix the amount of such, the same shall be fixed by the public prosecutor responsible for execution of the order.

PART II
COURT OF FIRST INSTANCE

CHAPTER I
INVESTIGATION

Article 195 (Investigation by Public Prosecutor)

A public prosecutor shall, when he deems an offense has been committed, investigate the offender, the facts of the offense, and the evidence.

Article 196 (Judicial Police Officers)

(1)Investigators, police administrative officials, police superintendents, police captains or police lieutenants shall investigate crimes as judicial police officers under instructions of a public prosecutor.

(2)Police sergeants or patrolmen shall assist in the investigation of crimes as judicial police assistants under the instruction of a public prosecutor or judicial police officer.

(3)Judicial police officers other than the persons prescribed in the preceding two Paragraphs may be appointed according to law.

Article 197 (Special Judicial Police Official)

The scope and function of judicial police officials in regard to forestry, marine affairs, monopolies, taxes, military investigation institution and other special matters shall be provided by law.

Article 198 (Notabilia)

The investigation by a public prosecutor, judicial police official or others concerned with investigation shall maintain secrecy in order not to violate the personal rights of a suspect or other person, and shall not cause under interference of the rights of others in the course of the investigation.

Article 198-2 (Inspection of Detention Place by Public Prosecutor)

(1)The chief public prosecutor of the district public prosecutor's office or the chief of the branch office shall detail a public prosecutor to inspect the place where a suspect is detained in the police bureau or police station under the control of such office once or more every month in order to investigate whether illegal detention has been made or not. The inspecting public prosecutor shall examine and question the detained and shall examine the documents relating to detention.

(2)The public prosecutor shall, if there is a valid reason which makes him suspicious that the prisoner has been illegally detained, order transmission of such case immediately to the public prosecutor's office. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 199 (Investigation and Necessary Examination)

(1)Necessary examinations may be made in order to carry out investigations. However, compulsory measures shall not be taken except when authorized by this Code.

(2)A public office, or public or private organization may be required to make a report on necessary matters regarding an investigation.

Article 200 (Request of Appearance of the Suspect, and Notice of Refusal Right of Statement)

(1)In case there is necessity for investigation, a public prosecutor or judicial police officer may request appearance of a suspect and question him.

(2)In the case of questioning mentioned in the preceding Paragraph, the suspect shall be notified in advance that he may refuse to answer questions.

Article 201 (Detention)

(1)In case there is a proper reason to suspect that a suspect has committed crimes and if he falls under any of Subparagraphs of Article 70 (1) a public prosecutor may arrest the suspect for detention with a warrant of detention issued by the competent court judge upon request of the public prosecutor, and the judicial policemen may arrest the suspect with a warrant of detention issued by the competent court judge upon request by a public prosecutor who is requested for the warrant by the judicial police officers: Provided, That with regard to offenses punishable with a fine of 50,000 Won or less, detention or minor fines, such arrest for detention shall be effected only in case the suspect has no fixed dwelling.

(2)When a warrant of arrest for detention is requested, data justifying the necessity of the detention shall be submitted.

(3)In case a judge of a district court, who receives the request under Paragraph (1), deems that the request has a good reason, he shall issue a warrant of arrest. When the judge does not issue the warrant, he shall state the gist and reasons therefor in the request, sign and seal the request, and return the request to the public prosecutor who has made the request.

(4)In case a public prosecutor makes the request under Paragraph (1), if he has before requested or received a warrant of arrest for detention on the same criminal facts, he shall enter the gist and reasons for the second request for the warrant of arrest for detention. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 202 (Detention Period by Judicial Police Officer)

In case judicial police officers arrest a suspect, the suspect shall be released if he is not transferred to the public prosecutor within ten days.

Article 203 (Detention Period by Public Prosecutor)

If a public prosecutor arrests a suspect or receives a suspect from a judicial police officer, the suspect shall be released if a public prosecution is not instituted within ten days.

Article 204 (Issue of Warrant of Arrest and Report to the Court)

When a suspect is not arrested or an arrested suspect is released after a warrant of arrest has been issued, a public prosecutor shall inform the issuing court in writing as to the reason therefor without delay.

Article 205 (Extension of Detention Period)

(1)A judge of a district court may, if reasonable cause to continue the investigation is shown, extend the period prescribed in Article 203 upon request of a public prosecutor. Only one such extension shall be granted for not longer than ten days.

(2)In the case of the request mentioned in the preceding Paragraph, the grounds necessary for such an extension shall be stated.

Article 206 (Urgent Arrest)

(1)In case there are good reasons to suspect that suspects commit crimes punishable with death penalty, penal servitude or imprisonment for life or three years or more and they fall under Subparagraphs 2 and 3 of Article 70 (1), if it is not possible to obtain a warrant of arrest of a judge of the competent district court because of urgencies, public prosecutors or judicial police officers may, upon statement of reasons therefor, arrest the suspects, without the warrant.

(2)In case judicial police officers arrest suspects under Paragraph (1), they shall in advance receive instructions of a public prosecutor: Provided, That if it is not possible to receive instructions in advance due to particular urgency, they shall obtain post approval immediately after the arrest. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 207 (Urgent Arrest and Term of Warrant)

(1)A public prosecutor or judicial police officer, when he deems it necessary to detain continuously a suspect arrested according to the provisions of the preceding Article, shall obtain a warrant of arrest within 48 hours counting from the time of the arrest in a Shi or Kun in which there is a judge of a district court, or within 72 hours in the case of any other Shi or Kun.

(2)In case a warrant of arrest is not obtained, the suspect shall be released immediately.

(3)An arrested person released in accordance with the provision of the preceding Paragraph shall not be arrested in connection with the same criminal facts without issuance of a warrant of arrest.

Article 208 (Restrictions on Re-arrest)

(1)Persons who are arrested but later released by a public prosecutor or judicial police officers, shall not be again arrested in connection with the same criminal facts unless other important evidences are found.

(2)In the case of the preceding Paragraph, acts which are done simultaneously or in the relations of means and results for one purpose shall be regarded as one and same criminal fact. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 209 (Applicable Provisions)

The provisions of Articles 71, 72, 75, the text of Paragraph (1) and Paragraph (3) of Article 81, Articles 82, 83, 85 to 91, 93, 101 (1), the text of Article 102 (1) (excluding those on cancellation of release on bail) shall apply mutatis mutandis to arrest of suspects by public prosecutors or judicial police officers.

Article 210 (Investigation by Judicial Police Officials outside Jurisdiction)

When a judicial police official investigates an offense outside his jurisdiction or investigates upon request of a judicial police official of another jurisdiction, he shall notify the chief public prosecutor of the district public prosecutor's office or branch office of his jurisdiction: Provided, That in case investigation is being conducted pursuant to the provisions of Articles 206, 212, 214, 216 and 217 and it is of urgent necessity, post factum report (notice) may be made.

Article 211 (Flagrant Offender)

(1)A person who is committing or has just committed an offense shall be called a flagrant offender.

(2)A person who falls under any of the following Subparagraphs shall be regarded as a flagrant offender:

1.An offender who is pursued by hue and cry;

2.In case where a person is carrying stolen goods, or a weapon or other things recognized as being used in connection with a crime;

3.In case where there is apparent evidence on the body or clothes of a suspect; and

4.In case a person attempts to run away when challenged.

Article 212 (Arrest of Flagrant Offender)

Any person may arrest a flagrant offender without warrant.

Article 212-2 Deleted.

Article 213 (Delivery of Arrested Flagrant Offender)

(1)In case a person other than a public prosecutor or judicial police officer arrests a flagrant offender, he shall immediately turn over the offender to a public prosecutor or judicial police official.

(2)In case a judicial police official has taken delivery of flagrant offender, he shall ask the name, address of the arresting person, and the reason for the arrest. When necessary he may require the arrester to accompany him to the police station.

(3)Deleted.

Article 213-2 (Applicable Provisions)

The provisions of Articles 72, 87 to 90, and 207 shall apply mutatis mutandis to the cases where public prosecutors or judicial police officials arrest flagrant offenders or take delivery of flagrant offenders. [This Article Newly Inserted by Law No. 3955, Nov. 28, 1987]

Article 214 (Minor Cases and Arrest of Flagrant Offenders)

The provisions of Articles 212 to 213 shall apply to the flagrant offenders punishable with fine of fifty thousand Won or less, detention or minor fines only in case their dwelling is uncertain.

Article 214-2 (Examination of Legality of Confinement)

(1)A suspect who is confined pursuant to a warrant of confinement or his defense counsel, legal representative, spouse, lineal relative, brother and sister, head of a family, a member of family, cohabitant or employer may submit a petition to an appropriate court to examine the legality of the confinement.

(2)The court may dismiss the application for the examination by its ruling without the inquiry under Paragraph (3) in any of the following cases:

1.Where an application is made by an incompetent person or made a second time; and

2.Where a series of application is obviously made either by a cosuspect or by a conspirator for the purpose of obstructing the investigation.

(3)The court, upon application as referred to in Paragraph (1), shall promptly examine the suspect detained, appropriate documents and evidence and either dismiss the application by a ruling in case where there is no valid grounds for the application or order release of the suspect by a ruling in case where there is a valid ground for the application.

(4)The ruling of the court made pursuant to Paragraphs (2) and (3) is not appealable.

(5)Public prosecutor, defense counsel and applicant may appear before the court and present their view on the date of the examination under Paragraph (3).

(6)When the suspect is not represented by a lawyer, the provisions of Article 33 shall be applicable.

(7)In case of examination as referred to in Paragraph (3), the court shall examine each cosuspect separately or take appropriate measures to protect the confidentiality of the investigation.

(8)The judge who has issued a warrant of arrest may not participate in the examination, investigation and ruling under Paragraph (3). However, this shall not apply to a district branch court where there is only one judge.

(9)The period from the date when the court has received the necessary investigation documents and other evidences to the date when the court renders its ruling shall not be added to the period of confinement under Articles 202, 203 and 205. [This Article Newly Inserted by Law No. 3282, Dec. 18, 1980]

Article 214-3 (Restriction on Re-arrest)

The suspect who has been released under the provision of Paragraph (3) of Article 214-2 cannot be re-arrested for the same criminal facts unless he flees or destroys the evidence. [This Article Newly Inserted by Law No. 3282, Dec. 18, 1980]

Article 215 (Seizure, Search and Inspection of Evidence)

(1)If necessary for investigation of crimes, public prosecutors may seize, search or inspect evidences according to the warrant issued by a judge of the competent district court upon request by the public prosecutors.

(2)If deemed necessary for the investigation of crimes, judicial police officer may seize, search or inspect evidence according to the warrant issued by a judge of the competent district court upon request by a public prosecutor who is requested by the judicial policemen. [This Article Wholly Amended by Law No. 2450, Jan. 15, 1973]

Article 216 (Compulsory Disposition without Warrant)

(1)A public prosecutor or judicial police officer, in case he arrests a suspect according to the provisions of Article 201 or 206 or where he arrests a flagrant offender, if necessary, may take the following measures without a warrant: 1. To enter the dwelling of a person or the premises, building, airplane, vessel, or a vehicle guarded by persons and to search for the suspect in such place; and 2. To seize, search and inspect at the locus of the arrest.

(2)The provisions of Subparagraph 2 of the preceding Paragraph shall apply mutatis mutandis to a case in which a public prosecutor or judicial police officer executes a warrant of arrest.

(3)If it is impossible to obtain the warrant issued by a judge of the court because of urgency at the scene of an offense, seizure, search or inspection of evidence may be conducted without a warrant. In this case, a warrant shall be obtained after the act without delay.

Article 217 (Compulsory Disposition without Warrant)

(1)A public prosecutor or judicial police officer may, in respect to an article which is possessed, carried, or kept by a person who is subject to arrest in accordance with the provisions of Article 206, seize, search or inspect without a warrant for the period prescribed in Article 207.

(2)An article seized in accordance with Subparagraph 2 of Paragraph (1) of the preceding Article and the preceding Paragraph shall be immediately returned unless a warrant of arrest is issued. However, when further seizure is deemed necessary, the warrant of seizure or of search shall be issued.

Article 218 (Seizure without Warrant)

A public prosecutor or judicial police officer may seize an article which has been discarded by a suspect or the other person, or those which have been voluntarily produced by their owner, possessor or custodian without a warrant.

Article 219 (Applicable Provisions)

The provisions of Articles 106, 107, 109 to 112, 114, the text of Paragraph (1) and Paragraph (2) of Article 115, Articles 118 to 135, 140, 141, and 333 (2) and 486 shall apply mutatis mutandis to seizure, search or inspection of evidence by a public prosecutor or judicial police officer as prescribed in the provisions of this Chapter. However, the judicial police officer shall obtain instructions from a public prosecutor prior to making dispositions prescribed in the provisions of Articles 132 to 134.

Article 220 (Urgent Disposition)

Dispositions in accordance with the provisions of Article 216 shall not be subject to the provision of Paragraph (2) of Article 123 or Article 125, in the event of urgency.

Article 221 (Request of Appearance of the Third Party)

A public prosecutor or judicial police officer, if necessary for an investigation, may request appearance of a person other than the suspect, to make a statement of fact, and to ask for expert evidence, interpretation or translation.

Article 221-2 (Request for Interrogation of Witness)

(1)In case persons who are apparently deemed to know facts that are indispensable for investigation of crimes, refuse the appearing or statements under the preceding Article, public prosecutors may request judges for interrogation of them as witnesses only before the date of the first public trial day.

(2)In case it is feared that persons who have voluntarily made statements before public prosecutors or judicial police officers under the preceding Article, may make different statements on a public trial day, from those made before and their statements are deemed indispensable for proving crimes, public prosecutors may request judges for interrogation of them as witnesses only before the first public trial day.

(3)When the request under the preceding two Paragraphs are to be made, the request shall be made in writing showing the reasons therefor.

(4)The judges to whom the request under Paragraph (1) or (2) is submitted, shall have the same authority as that of the competent court or presiding judge concerning the interrogation of witness.

(5)If it is deemed by judges that there is no obstacle to investigation, they may have the accused, suspects or defense counsels participate in the interrogation of witness, which is requested pursuant to Paragraph (1) or (2).

(6)When judges have conducted the interrogation of witnesses based on the request under Paragraph (1) or (2), they shall without delay send the related documents to the public prosecutor concerned. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 221-3 (Commission of Expert Opinion and Request for Confinement for Expert Opinion)

(1)In case expert opinion is to be commissioned pursuant to Article 221, if the confinement for expert opinion under Article 172 (3) is required, public prosecutors shall file request therefor with judges.

(2)When judges deem request under Paragraph (1) proper, they shall effect the confinement for expert opinion. The provisions of Articles 172 and 172-2 shall apply mutatis mutandis to the cases above. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 221-4 (Permit of Disposition Necessary for Expert Opinion)

(1)Persons who are commissioned to do expert opinion pursuant to Article 221 may, with permission of judges, conduct the dispositions under Article 173 (1).

(2)The request for the permission under Paragraph (1) shall be made by public prosecutors.

(3)If the request under Paragraph (2) is deemed proper, judges shall issue permits.

(4)The provisions of Article 173 (2), (3) and (5) shall apply mutatis mutandis to the permits referred to in Paragraph (3). [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 222 (Inquest of the Unnatural Death)

(1)In the event of a body of a person who has died an unnatural death or is suspected of having died an unnatural death, a public prosecutor of a district public prosecutor's office which has jurisdiction over the place where it has been discovered, shall cause an inquest to be made.

(2)If commission of an offense is suspect and an inquest of death, mentioned in the preceding Paragraph, is conducted and it is urgent to inspect evidence, such inspection may be conducted without a warrant.

(3)The public prosecutor may order the judicial police officer to take the dispositions mentioned in the preceding two Paragraphs.

Article 223 (Right of Complaint)

A person who has been injured in consequence of an offense may file a complaint.

Article 224 (Limitation of Complaint)

A complaint shall not be lodged against a lineal ascendant of the injured person or of his spouse.

Article 225 (Other Complainants)

(1)Legal representative of a person who has been injured may file a complaint independently.

(2)On the death of the injured party, his spouse or any of his lineal relatives or brother or sister may file a complaint, but not against the express intention of the injured party.

Article 226 (Other Complainants)

In case the legal representative of an injured party or a relative of the said legal representative is the suspect, a relative of the injured party may file a complaint independently.

Article 227 (Other Complainants)

In respect to an offense defaming the deceased, his relatives or descendants may file a complaint.

Article 228 (Designation of Complainant)

In case there is no person to file a complaint in respect to an offense subject to prosecution on complaint, if there is a request of any person interested, a public prosecutor shall designate a person who can file a complaint, within ten days.

Article 229 (Complaint by Spouse)

(1)Complaint mentioned in Article 214 of the Penal Code, shall not be made unless the marriage is void or divorce action is instituted.

(2)In the case of the preceding Paragraph, the complaint shall be considered withdrawn if the complainant and the accused are married again or the divorce action is withdrawn.

Article 230 (Period of Complaint)

(1)As for the offenses subject to prosecution on complaint, no complaint shall be made after the lapse of six months from the date on which the identity of the offender become known. However, when there are unavoidable reasons preventing the filing of a complaint, the period shall be computed from time when such reasons have ceased to exist.

(2)In case a person who was kidnapped or enticed in accordance with Article 291 of the Penal Code, has married the abductor, the period of complaint mentioned in the preceding Paragraph shall begin to run from the day when a court decision of voidance or revocation of marriage is finally binding.

Article 231 (Several Complainants)

If there are two or more persons entitled to file a complaint, failure by one of them to observe the term for complaint shall not operate against the others.

Article 232 (Revocation of Complaint)

(1)A complaint may be withdrawn before the pronouncement of judgment in the first instance.

(2)A person who has withdrawn a complaint shall not file a complaint again.

(3)The provisions of the preceding two Paragraphs shall apply mutatis mutandis to a case in which an expression of intent for punishment is withdrawn in a case which cannot be prosecuted against the clearly expressed intention of the injured party.

Article 233 (Effects of Complaint and its Revocation against Co-defendants)

Complaint filed against one or more of the co-offenders in an offense subject to prosecution on complaint, or revocation thereof, shall take effect in respect to the other co-offenders also.

Article 234 (Accusation)

(1)Any person who believes that an offense has been committed, may lodge an accusation.

(2)When a public official in the course of his duty believes that an offense has been committed, he shall lodge an accusation.

Article 235 (Limitation of Accusation)

The provisions of Article 224 shall apply mutatis mutandis to the accusation.

Article 236 (Accusation by Proxy)

A complaint may be lodged or withdrawn by proxy.

Article 237 (Methods of Complaint or Accusation)

(1)A complaint and accusation shall be filed with a public prosecutor or judicial police officer in writing or orally.

(2)On receipt of an oral complaint or accusation, a public prosecutor or a judicial police officer shall draw up a protocol.

Article 238 (Complaint or Accusation and Measures taken by Judicial Police Officer)

When a judicial police officer receives a complaint or accusation, he shall investigate the matter pertaining thereto promptly, to a public prosecutor.

Article 239 (Applicable Provisions)

The provisions of the preceding two Articles shall apply mutatis mutandis to the withdrawal of a complaint or accusation.

Article 240 (Self-Denunciation and Applicable Provisions)

The provisions of Articles 237 and 238 shall apply mutatis mutandis to a self-denunciation.

Article 241 (Interrogation of Suspect)

A public prosecutor or judicial police officer shall, before he interrogates a suspect, confirm that the person is a true suspect, by asking his name, age, domicile, permanent address and occupation.

Article 242 (Matters concerning Interrogation of Suspect)

A public prosecutor or judicial police officer shall interrogate as to the necessary matters concerning the facts and conditions of the offense, and shall give the suspect an opportunity to state facts beneficial to himself.

Article 243 (Interrogation of Suspect and Attendant)

In case a public prosecutor interrogates a suspect, he shall cause an investigator, court official of Grade IV or VIII of the public prosecutor's office to be present at the place, and in case a judicial police officer interrogates a suspect, he shall cause a judicial police official to be present at the place.

Article 244 (Formation of Protocol concerning Interrogation of Suspect)

(1)The statement of a suspect shall be entered in the protocol.

(2)The protocol of the preceding Paragraph shall be shown to the suspect for inspection or read to him, and he shall be asked whether or not there are mistakes in the protocol and in case there is a demand for amendment, deletion or change by the suspect, the statement of the change shall be recorded therein.

(3)If the suspect indicates that there is no mistake in the protocol, the protocol shall be signed or sealed with signature of the suspect after placing a seal across a leaf and the contiguous leaf.

Article 245 (Cross Examination)

A public prosecutor or judicial police officer may, if necessary to determine the facts, cross examine each suspect or persons other than the suspect.

CHAPTER II
PUBLIC PROSECUTION

Article 246 (Public Prosecution by the State)

Public prosecution shall be instituted by a public prosecutor.

Article 247 (Discretionary Indictment and Indivisibility of Public Prosecution)

(1)A public prosecutor may decide not to institute a public prosecution after considering the matters prescribed in Article 51 of the Penal Code.

(2)A public prosecution instituted against a part of the facts of an offense shall effect the whole.

Article 248 (Effect of Public Prosecution)

A public prosecution shall not be instituted against a person other than the accused designated by a public prosecutor.

Article 249 (Period of Limitations)

(1)Public prosecutions shall expire after lapse of the following terms:

1.Fifteen years for crimes punishable with death penalty;

2.Ten years for crimes punishable with penal servitude or imprisonment for life;

3.Seven years for crimes punishable with penal servitude or imprisonment for a maximum term of ten years or more;

4.Five years for crimes punishable with penal servitude or imprisonment for a maximum term of less than ten years;

5.Three years for crimes punishable with penal servitude or imprisonment for a maximum term of less than five years, or suspension of qualifications for a maximum term of ten years or more, or fines of 10,000 Won or more;

6.Two years for crimes punishable with suspension of qualifications for a maximum term of five years or more; and

7.One year for crimes punishable with suspension of qualifications for a maximum term of less than five years, or fines of less than 10,000 Won, detention, minor fines, or confiscation.

(2)The period of limitations for an offense for which a public prosecution has been instituted and in which no final judgment has been rendered shall be fifteen years from the date of the institution of such public prosecution.

Article 250 (Two or More Penalties and Period of Limitations)

In regard to offenses punishable by the joint imposition of two or more principal penalties or by the imposition of one of two or more principal penalties, the provisions of the preceding Article shall apply with reference to the heaviest penalty.

Article 251 (Increase or Decrease of Penalty and Period of Limitations)

When a penalty is to be increased or commuted in accordance with the Penal Code, the provisions of Article 249 shall apply with reference to the penalty without increase or commutation.

Article 252 (Commencement of Period of Limitations)

(1)The period of limitations shall commence to run after the criminal act is completed.

(2)In regard to complicity, the period of limitations against co-offenders shall commence to run at the time when the criminal action has ceased finally.

Article 253 (Suspension of Period of Limitations and Its Effect)

(1)The limitation period shall cease to toll on the institution of the public prosecution, and begin to toll when a judgment dismissing a public prosecution or a judgment indicating violation of jurisdiction becomes finally binding.

(2)When a public prosecution is instituted against one of several co-offenders mentioned in the preceding Paragraph, the tolling of the period of limitation shall be suspended as to the other co-offenders, and shall begin to toll again when a judgment on the case concerned becomes finally binding.

Article 254 (Method of Instituting Public Prosecution and Indictment)

(1)The institution of public prosecution shall be made by filing a written indictment with a competent court.

(2)Copies, equal to the number of the accused shall be annexed to the written indictment.

(3)The written indictment shall contain the following matters:

1.The name of the accused and other matters by which the accused can be identified;

2.The name of the offense;

3.The facts constituting the offense charged; and

4.The applicable provisions of laws.

(4)The facts constituting the crime charged shall be stated clearly by specifying the time and date, place and method of the offense.

(5)Several separate charges or several applicable provisions of laws may be stated in reservation or alternatively.

Article 255 (Withdrawal of Public Prosecution)

(1)Public prosecution may be withdrawn before judgment in the first instance is rendered.

(2)Withdrawal of the public prosecution shall be made on a document stating the reason. However, as to withdrawal by the court, it may be stated orally.

Article 256 (Commitment to Other Jurisdiction)

If a public prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the public prosecutor's office to which he belongs, he shall transfer the case, together with the documents and articles of evidence, to a public prosecutor of the public prosecutor's office corresponding to the competent court.

Article 256-2 (Transfer of Cases to Prosecutors of Military Court)

In case where the case falls under the jurisdiction of the military court, public prosecutors shall transfer the case to the public prosecutors of the prosecution division of the competent military court with related documents and evidences attached. In this case, effects of the acts of litigation done before the transfer shall not be affected after the transfer. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1975]

Article 257 (Case upon Complaint)

In case a public prosecutor investigates a crime on complaint or accusation, he shall determine whether public prosecution shall be instituted or not within three months after the complaint or accusation has been made.

Article 258 (Disposition to Complainant)

(1)If, in a case in which a complaint or accusation has been lodged, the public prosecutor has decided to or not to institute a public prosecution, withdrawn public prosecution or sent the case to a public prosecutor of another public prosecutor's office mentioned in Article 256, the public prosecutor shall inform the complainant or accuser in writing, of the reasons therefor, within seven days after such disposition has been made.

(2)In case a public prosecutor has decided not to institute a public prosecution or in case of a situation arising under Article 256, he shall promptly inform the suspect of such decision.

Article 259 (Notice not to institute Public Prosecution by Public Prosecutor)

If, with respect to a case in which complaint, accusation or demand has been lodged, a disposition not to institute a public prosecution has been made, the public prosecutor shall, upon request of the complainant or accuser, promptly inform them of the reasons therefor in writing within seven days.

Article 260 (Request for Ruling)

(1)When persons who lodge complaints or accusations on the crimes as referred to in Articles 123 to 125 of the Penal Code, are notified that the competent public prosecutors will not institute public prosecutions, they may apply for ruling whether the decisions not to institute public prosecutions are proper or not with the competent High Court corresponding to the competent high public prosecutor's office to which the public prosecutors concerned belong.

(2)The application mentioned in the preceding Paragraph shall be made in writing through the chief public prosecutor of a district public prosecutor's office or the branch office to which the public prosecutor belongs within ten days from the date of receiving the notice provided for in Article 258.

Article 261 (Disposition by Chief Public Prosecutor of Public Prosecutor's Office or Its Branch Office)

(1)The chief public prosecutor of district public prosecutor's office or its branch office who receives further application for the issuance of a complaint shall make the following disposition: 1. When the application contains sufficient evidence to warrant action, the chief public prosecutor shall institute a public prosecution immediately and inform the competent High Court and the applicant of the gist of the action; and 2. When the application does not state sufficient grounds for action, the records together with a statement of his reason shall be served to the chief public prosecutor of the competent high public prosecutor's office within seven days.

(2)The chief public prosecutor of a high public prosecutor's office who receives the records in accordance with Subparagraph 2 of the preceding Paragraph shall take the following steps:

1.When the application is deemed sufficient, the chief public prosecutor shall send the records together with a precept for public prosecution to the chief public prosecutor of the competent district public prosecutor's office and inform the competent High Court and the applicant of the gist of the action; and

2.When the application is deemed insufficient, the records shall be sent to the competent High Court within thirty days.

Article 262 (Ruling for Further Application for Complaint by High Court)

(1)A High Court which receives an application for the issuance of a complaint and its records shall rule on it within twenty days with necessary modifications of the procedure of appeal (hanggo) in accordance with the following provisions: the court, if necessary, may inspect evidence:

1.When the application is contrary to legal form or there is insufficient reason to recognize it, the application shall be rejected; and

2.When the application is adequate the case shall be committed to the competent district court for trial.

(2)Appeal (hanggo) shall not be made against the ruling as referred to in the preceding Paragraph, and prosecution shall not be instituted for those cases on which the ruling under Subparagraph 1 of the preceding Paragraph was made, except for those cases where other important evidences are found.

(3)When a High Court renders a ruling as set forth in Paragraph (1), a copy of the ruling shall immediately be sent to the applicant, suspect, and the chief public prosecutor of the competent public prosecutor's office or branch office.

(4)As to a case committed to a district court for trial, the ruling of the High Court shall include the matters written in indictment.

(5)When a High Court renders a ruling mentioned in Subparagraph 2 of Paragraph (1), the original ruling together with the records shall be sent to the competent district court or branch court within seven days.

Article 262-2 (Suspension of Period of Limitations for Public Prosecution)

In case an application for a ruling pursuant to the provisions of Article 260 has been made, the period of limitations for public prosecution shall be tolled until such time as the ruling mentioned in the preceding Article has been determined. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 263 (Fiction of Institution of Public Prosecution)

In case a ruling is rendered in accordance with Subparagraph 2 of Paragraph (1) of Article 262, public prosecution shall be deemed to have been instituted in the case.

Article 264 (Application by Proxy, and Effect and Rescission of Application requested by One Person)

(1)Further application for the issuance of a complaint may be made by proxy and the application by one of joint applicants shall affect all the applicants.

(2)Further application for the issuance of a complaint may be withdrawn by the applicant prior to the rendering of the ruling provided for in Paragraph (1) of Article 262. However, a person who has withdrawn such application shall not apply again.

(3)The withdrawal mentioned in the preceding Paragraph shall not affect other joint applicants.

Article 265 (Maintenance of Public Prosecution and Appointed Advocate)

(1)When a case is committed to a court for trial under Subparagraph 2 of Paragraph (1) of Article 262, the court shall appoint a public prosecutor from among the advocates who applied for public prosecution.

(2)An advocate appointed in accordance with the preceding Paragraph shall exercise, ex officio, the duties of a public prosecutor in order to maintain public prosecution in the case or concurrent cases until the judgment is finally binding. However, the conduct of search by judicial police officials shall be limited to matters recognized by the presiding judge.

(3)The advocate acting as a public prosecutor in accordance with the preceding Paragraph shall be regarded as a person who exercises official duties in accordance with applicable laws and regulations.

(4)When a court deems the appointed advocate to be improper to perform the duty or where other special circumstances exist, the court may rescind its appointment and appoint another advocate at any time.

(5)The appointed advocate shall be paid by the government with an amount as provided by the law.

CHAPTER III
PUBLIC TRIAL

SECTION 1 Preparation of Public Trial and Procedure of Public Trial

Article 266 (Service of Copy of Indictment)

When public trial has been instituted, the court shall serve the accused or his defense counsel with a copy of the indictment without delay. However, the service shall be made at least five days prior to the date of the first public trial.

Article 267 (Date of Public Trial)

(1)The presiding judge shall fix the date for public trial.

(2)The accused, his representative or a proxy shall be summoned on the date for public trial.

(3)Notice of the date set for public trial shall be given to the public prosecutor, defense counsel and assistant.

Article 268 (Fiction of Service of Writ of Summons)

Where the accused is within the precincts of a court and is notified by the court of the date for a public trial, he shall be deemed to have been served with a writ of summons.

Article 269 (Reasonable Interval before First Trial)

(1)The date of the first trial shall have a reasonable interval (not less than five days) after the service of writ of summons.

(2)When the accused raises no objection thereto, the reasonable interval referred to in the preceding Paragraph may be waived.

Article 270 (Change of Date of Public Trial)

(1)The presiding judge may change the date fixed for public trial ex officio or upon request of a public prosecutor, the accused or his defense counsel.

(2)An order rejecting an application for a change of the date of trial shall not be served.

Article 271 (Submission of Absent Report)

When the person who has been summoned or notified for public trial is not able to appear on the fixed date of trial on account of sickness or other reasons, he shall submit a medical certificate or other evidence.

Article 272 (Reference to Public Office, etc.)

(1)The court may ask public office, or public or private organizations, either ex officio or upon request of a public prosecutor, the accused, or his defense counsel, for reports on necessary particulars or for preserved documents.

(2)The application as referred to in the preceding Paragraph may be denied by means of a ruling.

Article 273 (Investigation of Evidence before Date of Public Trial)

(1)The court, if deemed necessary, may, upon application, permit the public prosecutor, the accused, or his defense counsel to examine the accused or other witnesses and to inspect evidence, to appraise or to translate before the date fixed for public trial.

(2)The presiding judge may cause any of his associate judges to carry out the action mentioned in the preceding Paragraph.

(3)The application mentioned in Paragraph (1) may be denied by means of a ruling.

Article 274 (Submission of Evidence by the Party before Date of Public Trial)

A public prosecutor, the accused or his defense counsel may submit document or articles as evidence to the court before the date fixed for public trial. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 275 (Hearing in the Court)

(1)Hearing in public trials shall be conducted in courtrooms.

(2)Court shall be convened in the assembled presence of the judge, court official of Grade IV or VIII and a public prosecutor.

(3)The seat of the public prosecutor shall be on the same level as the defense counsel and the accused shall have a seat in front of the presiding judge.

Article 275-2 (Presumption of Innocence)

The accused shall be presumed to be innocent until he is finally adjudged to be guilty. [This Article Newly Inserted by Law No. 3282, Dec. 18, 1980]

Article 276 (Attendance of the Accused)

When the accused does not appear on the day fixed for public trial, the court shall not be convened unless special provision is stipulated. However, if the accused is a juristic person, it may have a proxy appear.

Article 277 (Minor other Cases and Absence of the Accused)

Where offenses charged are punishable with fine less than 100,000 Won or minor fines, or where the case is to be dismissed by operation of law, the accused need not appear: Provided, That he may have his proxy appear.

Article 278 (Absence of Public Prosecutor)

If a public prosecutor is notified of the date fixed for public trial and fails to appear on two successive dates, the court may proceed without the public prosecutor.

Article 279 (Procedure Lead of Presiding Judge)

Procedure lead on a date fixed for public trial shall be conducted by the presiding judge.

Article 280 (Prohibition of Body Restriction in Court)

The accused in a public trial court shall be subject to no physical restraint. However, guards may be placed over the accused to prevent violent action or escape.

Article 281 (Duty of the Accused to remain in Court, Court Police)

(1)The accused shall not withdraw from the court without the permission of the presiding judge.

(2)The presiding judge may take suitable measures to prevent the accused from leaving the court and to maintain order of the court.

Article 282 (Necessity of Defense Counsel)

Where the offense charged is punishable with death, penal servitude or imprisonment for life or for minimum period of not less than three years, public trials shall not be conducted without defense counsel. However, this shall not apply when only judgment remains to be pronounced.

Article 283 (Defense Counsel selected ex officio)

In the case of each Subparagraph of Article 33 or of the preceding Article, when no defense counsel has been selected or defense counsel does not appear, the court may, ex officio, assign defense counsel.

Article 284 (Identification of the Accused)

The presiding judge shall confirm that the accused is the proper person by asking his name, age, permanent address, dwelling place, and profession.

Article 285 (Public Prosecutor's Opening Statement)

(1)The public prosecutor shall state the essentials of prosecution in accordance with the indictment.

(2)In the case of Article 278 the particulars stated in the indictment shall be regarded as the statement of the essentials of prosecution made by the public prosecutor.

Article 286 (Statement by the Accused)

The presiding judge shall accord the accused time to state fact favorable to his case.

Article 286-2 (Ruling on Summary Trial Procedures)

When the accused makes confession on charges at a public trial court, the court shall make a ruling that the court will try only the charges according to the summary trial procedures: Provided, That exceptions shall be made to those cases to be tried by collegiate departments of district courts and their branch courts as the court of the first instance. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 286-3 (Cancellation of Ruling)

When it is deemed that confessions made by the accused concerning the cases on which the ruling under the preceding Article is made, are not reliable, or it is not proper markedly for the court to try such cases according to the summary trial procedures, the ruling shall be cancelled after seeking opinions of the public prosecutor concerned. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 287 (How to Examine the Defendant)

(1)The public prosecutor and the defense counsel may in turn directly question the defendant concerning the necessary particulars, the fact, and the surrounding circumstances of the offense charged.

(2)The presiding judge may make question the defendant after the inquiry provided for in the preceding Paragraph is completed.

(3)A member of a collegiate court may also question the defendant after requesting permission from the presiding judge. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 288 Deleted.

Article 289 (Refusal of Statement by the Accused)

The accused may refuse to answer inquiries from each individual.

Article 290 (Examination of Evidence)

Examination of documentary evidence shall be made after the questioning of the defendant is completed: Provided, That the examination of such evidence may be conducted, if necessary, when the examination of the defendant is in progress. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 291 (Examination of Evidence)

(1)Documents or articles produced by the litigant as evidence or the documents prepared or transmitted pursuant to the provisions of Articles 272 and 273 shall be shown, explained and examined separately in open court by the public prosecutor and the defense counsel or the defendant.

(2)The presiding judge may examine ex officio the documents or articles mentioned in the preceding Paragraph in open court. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 292 (Method of Examination of Witness)

(1)The presiding judge shall show the evidence to the public prosecutor, defense counsel or the accused and inform him of the gist of documentary evidence.

(2)Upon request made by the accused the presiding judge shall make a court official of Grade VIII read documentary evidence. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 293 (Opinion of the Accused after Examination)

The presiding judge shall ask the accused for his opinion about the examination of articles of evidence and shall inform him that he can apply for necessary examination of evidence for the protect4ion of his rights.

Article 294 (Application for Evidence by the Party)

The public prosecutor, the accused, or his defense counsel may submit document or articles as evidence and can make inquiry of witness, expert witnesses, interpreters, or translators.

Article 294-2 (Statement of Person Who has been injured)

(1)In case of the application of a person who has been injured in consequence of an offense, the court shall examine the person as a witness: Provided, That the examination cannot be made in cases which fall under any of the following Subparagraphs: 1. In the case where the application is made by one other than a person who has been injured in consequence of an offense; 2. In the case where it is recognized that an applicant has already made sufficient statements relating to a case concerned in the procedure of public trial or investigation and therefore, there is no necessity of restatement; and 3. In the case where there is apprehension that the procedure of public trial can be delayed markedly on account of the statement of an applicant.

(2)In the case where the court examines a person who has been injured in consequence of an offense pursuant to Paragraph (1), the court shall give the person an opportunity to submit his opinion about a case concerned.

(3)In the case where there are a number of applicants under Paragraph (1) concerning identical facts constituting the offense, the court may limit the number of examinees as witnesses.

(4)In the case where the applicant pursuant to Paragraph (1) has not appeared before the court after receiving a summons without reasonable cause, the application is deemed to be withdrawn. [This Article Newly Inserted by Law No. 3955, Nov. 28, 1987]

Article 295 (Ruling on Application for Evidence)

The court shall decide on the application for evidence provided for in Articles 294 and 294-2, and may examine the evidence ex officio.

Article 296 (Objection on Examination of Evidence)

(1)A public prosecutor, the accused or his defense counsel may raise objections regarding the examination of evidence.

(2)The court shall render a ruling on the objections raised under the preceding Paragraph.

Article 297 (Withdrawal from Court)

(1)When the presiding judge recognizes that a witness or an expert witness cannot make a sufficient statement in the presence of the accused or any of the persons in the court audience, he may order him to withdraw from the court and make him state his opinion. The same shall apply when the presiding judge deems an accused would not make his statement in the presence of another accused.

(2)In the case of withdrawal of the accused in accordance with the preceding Paragraph, when the co-defendant, witness or expert witness has finished his oral statement, the gist of the statement shall be announced to the accused by the court official of Grade VIII after making the withdrawn accused appear in the courtroom.

Article 297-2 (Examination of Evidences in Summary Trial Procedures)

The provisions of Article 161-2, Articles 290 to 293, and Article 297 shall not apply to the cases on which the ruling under Article 286-2 is made, but the court may conduct examination of the evidences according to the methods which are deemed proper by the court. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 298 (Changes in Indictment)

(1)Public prosecutors may, with permission of the competent court, add, delete or change charges or applicable provisions of laws stated in the indictment. In this case, the identity of the charges shall not be disturbed.

(2)In case courts deem it proper in view of the development of trial, they shall request for addition or change of the charges or applicable provisions of laws.

(3)When there are additions, withdrawal or changes of charges or applicable provisions of laws, the court shall promptly notify the causes thereof to the accused or his defense counsel.

(4)In case the court is afraid that the addition, withdrawal or change of charges or applicable provisions of laws in the indictment under the preceding three Paragraphs may increase disadvantages of the accused, the court may, by a ruling, ex officio or upon request from the accused, defense counsel, grant a recess of the public trial for a period necessary for the accused to prepare his defense. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 299 (Restriction of Oral Proceedings)

The presiding judge shall, when a statement or inquiry of the parties connected with a lawsuit is repetitious or is a matter relevant to the trial, restrict it insofar as it does not harm the substantial right of the parties connected with the lawsuit.

Article 300 (Separate or Joint Oral Proceedings)

The court may, when it deems necessary, on request of a public prosecutor, the accused or his defense counsel or ex officio, by means of a ruling, order separate or joint oral proceedings.

Article 301 (Renewal of Proceedings)

Where a judge is changed subsequent to the commencement of public trial, the proceedings shall be renewed. However, this shall not apply when only the judgment remains to be pronounced.

Article 301-2 (Cancellation on Summary Trial Procedure and Renewal of Proceedings)

When the ruling under Article 286-2 is cancelled, the proceedings shall be renewed: Provided, That exception shall be made to those cases to which a public prosecutor, the accused, or his defense counsel has no objection. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

Article 302 (Opinion of Public Prosecutor after Examination of Evidence)

When the testimony and examination of evidence is finished, the public prosecutor shall state his opinion concerning the facts and the application of law. However, in the case of Article 278, the public prosecutor shall be deemed to have stated his opinion in accordance with the indictment.

Article 303 (Last Statement of the Accused)

The presiding judge shall afford an opportunity to the accused and his defense counsel to make a final plea after hearing the opinion of the public prosecutor.

Article 304 (Objection on Disposition by Presiding Judge)

(1)A public prosecutor, the accused or his defense counsel may raise an objection to any ruling by a presiding judge.

(2)The court shall render a ruling on the objections raised under the preceding Paragraph.

Article 305 (Re-Opening of Oral Proceedings)

A court may, if necessary, reopen oral proceedings which had been concluded, by means of a ruling, upon request of the public prosecutor, the accused, his defense counsel, or ex officio.

Article 306 (Suspension of Procedure of Public Trial)

(1)If the accused is in unsound mind, the public trial may be suspended, during the continuance of such state, by the court on request of a public prosecutor, the accused or his defense counsel, or by means of a ruling ex officio.

(2)When the accused is unable to appear in the court because of sickness, the trial shall be stayed until it is possible for him to appear. by the court on request of a public prosecutor, the accused or his defense counsel, or by means of a ruling ex officio.

(3)Before staying the trial in accordance with the preceding two Paragraphs, a court shall hear the opinion of a doctor.

(4)When the accused is to be pronounced innocent, acquitted, exempted from punishment, or the public prosecution is to be dismissed, the decision shall be made without the accused's appearing in the court notwithstanding the provisions of Paragraphs (1) and (2).

(5)The provisions of Paragraphs (1) and (2) shall not apply in case a proxy may appear in the court in accordance with the provisions of Article 277.

SECTION 2 Evidence

Article 307 (General)

Facts shall be found on the basis of evidence.

Article 308 (Discretion)

The probative value of evidence shall be left to the discretion of judges.

Article 309 (Probative Value of Confession caused by Duress, etc.)

Confession of an accused extracted by torture, violence, threat or after prolonged arrest or detention, or which is suspected to have been made involuntarily by means of fraud or other methods, shall not be admitted as evidence of guilt.

Article 310 (Evidence against the Accused)

When the confession of an accused is the only evidence against him, the confession shall not be taken as evidence of guilt.

Article 310-2 (Hearsay Evidence and Limitation of Probative Value of Evidence)

Except as provided for in Articles 311 to 316, any document which contains a statement in place of the statement made at a preparatory hearing or during public trial, or any statement the import of which is another person's statement made outside preparatory hearing or at the time other than the public trial date, shall not be admitted into evidence. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 311 (Protocols of Court or Judge)

Protocols which contain statements made by the accused or persons other than the accused at a preparatory hearings or during public trial, and results of inspection of evidence by courts or judges and expert opinions, may be used as evidences. The same shall apply to the protocols prepared pursuant to Articles 184 and 221-2. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 312 (Protocol prepared by Public Prosecutor or Judicial Police Officer)

(1)A protocol which contains a statement of a suspect or of any other person, prepared by a public prosecutor, or a protocol containing the result of inspection of evidence, prepared by a public prosecutor or judicial police officer, may be introduced into evidence, if the genuineness thereof is established by the person making the original statement at a preparatory hearing or during the public trial: Provided, That a protocol containing the statement of the defendant who has been a suspect may be introduced into evidence only where the statement was made under such circumstances that it is undoubtfully believed to be true, regardless of the statement made at a preparatory hearing or during public trial by the defendant.

(2)A protocol containing interrogation of a suspect prepared by investigation authorities other than public prosecutor may be used as evidence, only in case where the defendant who has been a suspect, or the defense counsel at a preparatory hearing or during public trial verifies the contents of the protocol. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 313 (Statement, etc.)

(1)A document prepared by a defendant or any other person, except the protocols mentioned in the preceding two Articles, or a written statement, if there being the handwriting, a signature or a seal of maker or stater, may be introduced into evidence, if it is proven to be genuine by the maker thereof by his testimony or stater at a preparatory hearing or during a public trial: Provided, That the document containing the statement of the defendant may be introduced into evidence only when proven genuine by the testimony of the defendant at a preparatory hearing or during a public trial and when the statement is made under circumstances which would lend it special credibility, regardless of the statement made by the defendant at a preparatory hearing or during public trial.

(2)The provision of Paragraph (1) shall also apply to documents containing the development and results of expert opinion. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 314 (Exception to Probative Value of Evidence)

As regards the preceding two Articles, if a person who is to give a statement at a preparatory hearing or during a public trial does not appear to testify because of death, sickness or other reasons, then his previous statement or any other documents shall be admitted as evidence. The foregoing provisions shall apply only when there exist special circumstances which lend special credibility to the statements. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 315 (Documents admitted ipso facto Evidence)

The following documents shall be admitted as evidence: 1. A copy or certified copy of a family register, a copy of notarial deed or such other public documents certifying the facts which a public office of Korea or an official of a foreign government has the duty or authority to certify; 2. An account book, logbook, or other documents prepared in the regular course of business; and 3. Documents prepared under circumstances which lend special credibility to the assertions of facts contained therein.

Article 316 (Statement of Hearsay)

(1)Oral testimony given by a person other than the defendant at a preparatory hearing or during a public trial, the import of which is the statement of the defendant, may be admitted into evidence only when there exist circumstances which lend special credibility to such testimony.

(2)Oral testimony given by a person other than the defendant at a preparatory hearing or during a public trial, the import of which is the statement of a person other than the defendant, shall be admitted into evidence only when the maker of the original statement is unable to testify because of death, sickness or any other reason, and only when there exist circumstances which lend special credibility to such testimony. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 317 (Voluntary Statements)

(1)Oral statements given by an accused or a person other than the accused shall not be admitted as evidence unless the statements are made voluntarily.

(2)A document which contains oral statements referred to in the preceding Paragraph shall not be admitted as evidence unless it is proved that they were made voluntarily.

(3)In case a part of protocol refers to evidence by inspection is part to oral statement given by the accused or a person other than the accused, only the part thereof shall be governed by the preceding two Paragraphs.

Article 318 (Agreement of Parties and Probative Value of Evidence)

(1)Documents or articles on which the public prosecutor and the accused agree shall be admitted as evidence when deemed to be genuine.

(2)In case where trial may be held without the presence of the accused and the accused does not appear, he shall be deemed to have given the consent mentioned in the preceding Paragraph. However, the former part shall not apply where a proxy or defense counsel appears for the accused.

Article 318-2 (Evidence by which Probative Value of Testimony may be argued)

Those documents or statements, inadmissible as evidence under the provisions of Articles 312 to 316, may be used at a preparatory hearing or during a public trial for the purpose of the testimony of the defendant or any other person. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 318-3 (Exceptions to Probative Value of Evidence in Summary Trial Procedures)

With regard to evidences of the cases on which the ruling under Article 286-2 is made, it shall be regarded that the consent under Article 318 (1) is made concerning the evidence of Articles 310-2, 312 to 314 and 316: Provided, That exceptions shall be made in case public prosecutors, the accused or his defense counsel raise their objections against use of evidences. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973]

SECTION 3 Judgment of Trial

Article 319 (Judgment of Incompetence)

When a case pending against an accused does not come within the jurisdiction of a court, a pronouncement to that effect shall be made by judgment. However, as regards a case which has been committed to trial in a district court under Subparagraph 2 of Article 262 (1), the court shall not make a pronouncement of lack of territorial jurisdiction.

Article 320 (Incompetency of Territorial Jurisdiction)

(1)A court shall not make a pronouncement of incompetency for lack of territorial jurisdiction, except upon request by the accused.

(2)A request by the accused for lack of territorial jurisdiction shall be made prior to a hearing of the case.

Article 321 (Pronouncement of Punishment and Matters to be pronounced)

(1)When there is proof of guilt in regard to the case pending against an accused, a penalty shall be pronounced by judgment except in case of remission of penalty or suspension of pronouncement of punishment.

(2)Suspension of execution of punishment, the calculation of the number of days in arrest before trial, and the period of confinement in workhouse shall be pronounced in the judgment simultaneously with the pronouncement of the penalty.

Article 322 (Remission of Penalty and Judgment of Suspension of Pronouncement of Punishment)

Where a remission of penalty or suspension of pronouncement of punishment is to be rendered in a case pending against the accused, such a pronouncement shall be made by judgment.

Article 323 (Reason to be indicated in Judgment)

(1)In pronouncing the accused guilty, the facts constituting the offense, the gist of the evidence, and the applicable laws and regulations shall be clearly indicated in the judgment.

(2)When an oral statement has been made as to legal grounds barring the formation of the offense, or as to facts by reason of which the penalty should be increased or diminished, the decision thereon shall be also indicated in the judgment.

Article 324 (Notice of Appeal)

In case of pronouncing punishment, the presiding judge shall announce to the accused the time for appeal and the court to which appeal can be made.

Article 325 (Judgment of Not Guilty)

A finding "not guilty" shall be pronounced if the facts against the accused do not constitute an offense or if the evidence of the criminal act is insufficient.

Article 326 (Judgment of Acquittal)

Acquittal shall be pronounced by judgment in the following cases:

1.Where a finally binding judgment has already been rendered;

2.Where amnesty has been proclaimed;

3.Where the period of limitations has expired; and

4.Where the punishment has been repealed or the applicable law or regulation has been abolished subsequent to the commission of the offense.

Article 327 (Judgment dismissing Public Prosecution)

Public prosecution shall be dismissed by judgment in the following cases:

1.Where the court has no jurisdiction over the accused;

2.Where the procedure for instituting public prosecution is void by reason of its having been contrary to the provisions of laws;

3.Where a new public prosecution is instituted for the case for which public prosecution has been already instituted;

4.Where public prosecution is instituted contrary to the provisions of Article 329;

5.Where there is withdrawal of a complaint in case which shall be prosecuted only upon complaint; and

6.Where the injured party declares his intention not to prosecute a case which cannot be prosecuted against the clearly expressed intention of such person, or where the declaration of intention in such case is withdrawn.

Article 328 (Ruling dismissing Public Prosecution)

(1)Public prosecution shall be dismissed by ruling in the following cases:

1.Where public prosecution has been withdrawn;

2.Where an accused has died or when an accused juristic person ceases to exist;

3.Where a public trial is barred in accordance with the provisions of Article 12 or 13; and

4.Where the counts in an indictment do not constitute an offense even if true.

(2)Against a ruling as referred to in the preceding Paragraph immediate appeal to the High Court (hanggo) may be filed.

Article 329 (Withdrawal of Public Prosecution and Reinstitution of Public Prosecution)

When a ruling dismissing public prosecution as a result of its being withdrawn becomes final, a new public prosecution can be instituted for the same offense only if it is based upon newly discovered material evidence.

Article 330 (Judgment without Oral Statement of the Accused)

In case an accused refuses to make a statement, retires from court without permission of the presiding judge or is ordered by the presiding judge to retire from court for the maintenance of order, a judgment may be rendered without hearing his statement.

Article 331 (Pronouncement of Judgment of "Not Guilty" and Effect of Warrant of Arrest)

A warrant of arrest shall lose its effect on rendition of a judgment of "not guilty", acquittal, remission of penalty, suspension of pronouncement of punishment, suspension of execution of punishment, dismissal of public prosecution or on the imposition of a fine or minor fine. However, this shall not apply when a public prosecutor states that in his opinion the case calls for the death penalty, penal servitude or imprisonment for life or for not less than ten years.

Article 332 (Pronouncement of Confiscation and Article seized)

When no pronouncement of confiscation is made in regard to the documents or articles seized, such documents or articles shall be deemed to have been released from seizure.

Article 333 (Returning of Ill-gotten Goods under Seizure)

(1)If, in regard to ill-gotten goods under seizure, there is a clear reason for restoration of such goods to the injured party, pronouncement of returning shall be made only by judgment.

(2)In the case of the preceding Paragraph, a pronouncement directing the delivery of any article acquired as consideration for ill-gotten goods to the injured party shall be made by a judgment when the ill-gotten goods have been disposed of.

(3)When no special pronouncement is made to the contrary in regard to goods provisionally restored, pronouncement of restoration shall be deemed to have been made.

(4)Notwithstanding the provisions of the preceding three Paragraphs, any person interested may assert his right to such goods in accordance with civil procedure.

Article 334 (Judgment of Provisional Payment)

(1)When a court pronounces a fine, minor fine or additional collection on an accused, the court may, upon request of a public prosecutor or ex officio, order the provisional payment of such money, if it is considered there is apprehension that it will be impossible or difficult to execute the judgment after the judgment becomes finally binding.

(2)The decision mentioned in the preceding Paragraph may be pronounced by a judgment simultaneously with the pronouncement of penalty.

(3)The decision mentioned in the preceding Paragraph may be executed immediately.

Article 335 (Procedure for Rescission of Suspension of Execution)

(1)In a case a pronouncement suspending execution of a punishment is to be rescinded, the public prosecutor shall demand such rescission in a court which has the jurisdiction in the area where the accused is or last resided.

(2)When the demand mentioned in the preceding Paragraph has been made, a court shall render a ruling after hearing the opinion of the accused or his proxy.

(3)Against such a ruling under the preceding Paragraph, an immediate appeal to the High Court may be filed.

(4)The provisions of the preceding two Paragraphs shall apply mutatis mutandis to cases involving suspended punishment.

Article 336 (Procedure to be determined in Concurrent Crime)

(1)In case a penalty is to be determined in accordance with Article 36, 39 (4) or 61 of the Penal Code, a public prosecutor shall demand the court which rendered the final judgment upon the case to determine the penalty. However, when a suspended pronouncement of punishment is to be revoked in accordance with Article 61 of the Penal Code, it shall be in accordance with Article 323 and the reason for revocation of suspension of pronouncement shall be clearly stated.

(2)The provisions of Paragraph (2) of the preceding Article shall apply mutatis mutandis to the preceding Paragraph.

Article 337 (Judgment of Extinction of Punishment)

(1)As to the pronouncement referred to in Article 81 or 82 of the Penal Code, the application shall be made to the court corresponding to the public prosecutor's office in which the criminal records are filed.

(2)The pronouncement referred to in the preceding Paragraph, shall be made by means of a ruling.

(3)Against the ruling of dismissing the request mentioned in Paragraph (1), immediate appeal to the High Court (hanggo) may be filed.

PART III
APPEALS

CHAPTER I
COMMON PROVISIONS

Article 338 (Person entitled to lodge Appeal (Sangso))

(1)An appeal may be lodged by a public prosecutor or the accused.

(2)When a case committed to the trial in accordance with Subparagraph 2 of Article 262 (1) has been jointly tried with another case and one decision has been rendered, the advocate who exercises the functions of a public prosecutor in accordance with Article 265 and the public prosecutor engaged in the other case may respectively lodge an appeal independently against the decision.

Article 339 (Persons entitled to lodge Appeal against Ruling)

Appeal on a ruling to the High Court (hanggo) may be filed by a person other than a public prosecutor or the accused against whom a ruling has been rendered.

Article 340 (Appeal lodged by Person other than Parties)

The legal representative of an accused may lodge an appeal on behalf of the accused.

Article 341 (Appeal lodged by Person other than Parties)

(1)Spouse, lineal relatives, brothers and sisters, the head of a household, or a proxy or defense counsel in the original instances of the accused may lodge an appeal on behalf of the accused.

(2)Appeal mentioned in the preceding Paragraph shall not be taken against the clearly expressed intention of the accused.

Article 342 (Appeal against Part of Decision)

(1)An appeal may be filed against a part of decision.

(2)An appeal which is taken against one part shall be deemed to have effect over the other part which is indispensably connected with that part.

Article 343 (Period of Appeal)

(1)An appeal shall be made in writing within the prescribed period.

(2)The period for making an appeal shall begin to run from the day on which the decision was pronounced or known.

Article 344 (Special Regulation for Person in Prison or Detention House)

(1)A written application for an appeal submitted by the accused who is in a prison or detention house, to the chief of the prison or detention house or his deputy is regarded as appealed within the prescribed period.

(2)If the accused is unable to prepare a written application himself in cases of the preceding Paragraph, the chief of a prison or detention house shall cause a public official under his jurisdiction to do so.

Article 345 (Recovery of Right to Appeal)

When a person entitled to make an appeal by virtue of Articles 338 to 341 has been prevented, by a cause not imputable to himself or his representative, from lodging an appeal within the period for making an appeal, he may apply for recovery of his right to appeal.

Article 346 (Form of Application for Recovery of Right of Appeal)

(1)Demand for recovery of the right of appeal shall be submitted to the original court in writing, within a period equivalent to the period for making an appeal from the day the cause which prevented the appeal ceased to exist.

(2)The reason for demanding recovery of the right of appeal shall be accompanied by an offer of presumptive proof.

(3)A person who demands recovery of the right of appeal shall make an application for appeal simultaneously with such demand.

Article 347 (Immediate Appeal (Hanggo) for Recovery of Right of Appeal)

(1)The court which has received an application for recovery of right of appeal shall render a ruling over whether application is accepted or not.

(2)Immediate appeal (hanggo) may be filed against such a ruling.

Article 348 (Application for Recovery of Appeal and Suspension of Execution)

(1)When application is made for recovery of the right of appeal, the court may render a ruling suspending the execution of the decision until the ruling provided for in the preceding Article is rendered.

(2)In case a ruling suspending the execution mentioned in the preceding Paragraph is rendered, a warrant of arrest shall be issued against the accused if it is necessary to detain him. However, it shall be limited to particulars provided for in Article 70.

Article 349 (Waiver and Withdrawal of Appeal)

A public prosecutor, the accused or a person mentioned in Article 339 may waive or withdraw an appeal. However, the accused or a person mentioned in Article 341 cannot waive an appeal in case he is pronounced with death penalty, penal servitude or imprisonment for life.

Article 350 (Dismissal of Appeal and Consent of Legal Representative)

An accused who has a legal representative shall obtain the consent of his legal representative before waiving or withdrawing an appeal. However, this shall not apply when such consent cannot be obtained on account of death of his legal representative or for some other reason.

Article 351 (Withdrawal of Appeal and Consent of the Accused)

The legal representative of the accused or those mentioned in Article 341 may withdraw an appeal in accordance with the consent of the accused.

Article 352 (Method of Waiver of Appeal)

(1)Waiver or withdrawal of an appeal shall be made in writing, but in court it may be done orally.

(2)In the case of waiver or withdrawal of an appeal made orally, it shall be entered on the protocol.

Article 353 (Jurisdiction on Waiver of Appeal)

The waiver or withdrawal of an appeal shall be filed in the original court. But when the record of legal proceedings is not sent to the appeal court, the withdrawal of appeal may be submitted to the original court.

Article 354 (Prohibition to Re-appeal after Waiver)

A person who has withdrawn or waived an appeal or has consented to the waiver or withdrawal of an appeal shall not take another appeal in respect to the same case.

Article 355 (Special Regulation for the Accused in Prison)

The provisions of Article 344 shall apply mutatis mutandis in cases where the accused in prison or detention house demands recovery of his right of appeal, waiver or withdrawal of the appeal.

Article 356 (Waiver, Relinquishment of Appeal and Notice to the Party)

If there is a request for an appeal, waiver or withdrawal of an appeal, or a recovery of right of appeal, the court shall inform the other party without delay of the impending action.

CHAPTER II
APPEAL TO HIGH COURT (HANGSO)

Article 357 (Judgment which can be appealed (HANGSO))

Appeal (hangso) may be lodged, in case the finding of the court of first instance is not satisfactory, from the judgment of a sole judge of the district court to a collegiate court of the district court (excluding that of the branch court) and from the judge of a collegiate division of the district court to the High Court.

Article 358 (Period for Appeal (Hangso))

The period allowed for appeal (hangso) shall be seven days.

Article 359 (Method of Appeal (Hangso))

Appeal (hangso) shall be lodged by presenting a petition of appeal (hangso) to the original court.

Article 360 (Ruling on Dismissal of Appeal by Original Court)

(1)When it is obvious that appeal (hangso) has been lodged contrary to the legal form or after the termination of the right of appeal (hangso), the original court shall dismiss it by means of a ruling.

(2)Immediate appeal to the High Court may be filed against such ruling under the preceding Paragraph.

Article 361 (Records of Trial and Delivery of Real Evidence)

(1)With the exception of the preceding Article, the original court shall send the records of trial and real evidence to the public prosecutor in the public prosecutor's office corresponding to the original court within fourteen days after receipt of a petition of appeal and the public prosecutor shall send them to the public prosecutor in the public prosecutor's office corresponding to the Appeal Court within seven days after receipt thereof.

(2)The public prosecutor in the public prosecutor's office corresponding to the Appeal Court shall send the records of trial and real evidence as referred to in the preceding Paragraph to the Appeal Court within five days after receipt thereof.

(3)In case the accused is in prison or detention house, the public prosecutor in the public prosecutor's office corresponding to the original court shall transfer the accused, within twenty days from receipt of the records of trial as referred to in Paragraph (1), to a prison or detention house located in the vicinity of the Appeal (hangso) Court.

Article 361-2 (Acceptance of Proceeding Records and Notification thereof)

(1)Where the Appeal (hangso) Court has accepted the delivery of the records of the proceedings, both the appellant, and the other party shall be immediately notified of the court's action.

(2)If a defense counsel has been selected before notification, mentioned in the preceding Paragraph, was made, such notification shall also be given to the defense counsel. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 361-3 (Statement of Reasons for Appeal and Answer)

(1)The appellant or his defense counsel shall submit a statement of reasons for the appeal (hangso) to the appeal court within twenty days from the date of acceptance of the notification mentioned in the preceding Article.

(2)The appeal (hangso) court upon acceptance to the statement of reasons for appeal shall without delay send a duplicate or copy thereof to the other party.

(3)The other party shall submit an answer to the appeal (hangso) court within ten days from the date of delivery of the reasons for appeal mentioned in the preceding Paragraph.

(4)The appeal (hangso) court upon acceptance of the answer shall without delay send a duplicate or copy thereof to the appellant or his defense counsel. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 361-4 (Ruling dismissing Appeal)

(1)If either the appellant or his defense counsel has failed to submit a statement of reasons for appeal within the period as set forth in Paragraph (1) of the preceding Article, the appeal (hangso) court shall dismiss the appeal by means of a ruling: Provided, That this provision shall not apply where there exists a fact to be examined ex officio, or when a reason for appeal is stated on the petition of appeal.

(2)Immediate appeal may be filed against a ruling under the preceding Paragraph.

Article 361-5 (Reasons for Appeal)

The following shall be reasons for an appeal against a judgment in the original instance:

1.When there is a violation of the Constitution, law, order or regulation which affected decision of the court;

2.When the penalty has been abolished or changed or general amnesty has been proclaimed after the judgment;

3.When the basis for assuming or denying jurisdiction is against the law;

4.When the court which rendered an adjudication was not constituted as prescribed by law;

5.and 6. Deleted.

7.When a judge who is not supposed to participate in the trial of a case has participated in the trial;

8.When a judge who did not participate in the trial of case, has participated in rendering the judgment;

9.When there has been a violation of the provisions concerning opening of public trial to the public;

10.Deleted.

11.When the reason are not included in the judgment or when the reason stated is not compatible with judgment;

12.Deleted.

13.When there exist reasons for applying for renewal of procedure;

14.When the judgment is affected by mistake of fact; and

15.When there exists reason to find the amount of punishment sentenced unreasonable.

Article 362 (Ruling on Dismissal of Appeal (Hangso))

(1)If the original court does not determine the dismissal of an appeal falling within the provisions of Article 360 (hangso), the appeal court shall dismiss the appeal (hangso) by means of a ruling.

(2)Immediate appeal to the Supreme Court may be filed against such ruling as referred to in the preceding Paragraph.

Article 363 (Ruling on Dismissal of Public Prosecution)

(1)If a case falls within the provisions of Article 328, the appeal (hangso) court shall dismiss the public prosecution by means of a ruling.

(2)Immediate appeal to the Supreme Court may be filed against such ruling as referred to in the preceding Paragraph.

Article 364 (Judgment by Appeal (Hangso) Court)

(1)The appeal (hangso) court shall render a decision ex officio on the grounds included in the reason for appeal.

(2)The appeal (hangso) court may render a decision ex officio on the grounds which affected a judgment, even if the ground is not included in the reason for appeal (hangso).

(3)An evidence which could be an evidence at the court of first instance may be evidence at the court of appeal (hangso).

(4)An appeal (hangso) shall be dismissed by means of a judgment when the court decides that no ground for appeal (hangso) exists.

(5)When it is evident that there exists no ground for appeal (hangso), the court may dismiss an appeal (hangso) by a judgment, without oral proceedings, by examining the petition of appeal (hangso), the statement of reason for appeal (hangso) or any other records of proceedings.

(6)The original judgment shall be quashed and a new judgment announced when the court decides that any of the grounds for appeal (hangso) are valid.

Article 364-2 (Quashing Judgment for Co-defendant)

If, in a case where the original judgment is quashed for one defendant, the same reason for quashing exists also with respect to co-defendant who appealed, the original judgment against the co-defendant shall also be quashed. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961]

Article 365 (Presence of the Accused)

(1)If an accused does not appear for public trial on the date set, another date shall be set.

(2)A judgment may be pronounced without oral statement of the accused when the accused does not appear in the court on the subsequent date without proper reason.

Article 366 (Return of Case to Original Court)

When the original judgment is to be quashed on the ground that the judgment on dismissal of public prosecution or jurisdictional incompetency is contrary to the law, the case shall be sent back to the original court by means of a judgment.

Article 367 (Transfer of Case to Competent Court)

When the original judgment is to be quashed on the ground that the basis for jurisdiction is contrary to the law, the case shall, be means of a judgment, be transferred to a competent court of first instance. However, if the appeal (hangso) court has itself jurisdiction of first instance over the case, it shall try the case as court of first instance.

Article 368 (Prohibition of Judgment Disadvantageous to the Accused)

In a case where appeal (hangso) has been lodged by, or for the benefit of the accused, no penalty more severe than that imposed by the original judgment shall be pronounced.

Article 369 (What must be stated in Text of Appeal (Hangso) Judgment)

The reasons for the decision of the court shall be stated in the text of judgment rendered by the appeal (hangso) court, and the facts and evidences stated on the original judgment may be quoted in the judgment of the appeal (hangso) court.

Article 370 (Applicable Provisions)

The provisions relating to public trial in Part II shall apply mutatis mutandis to trial on appeal (hangso), except as otherwise provided in this Chapter.

CHAPTER III
APPEAL TO SUPREME COURT FROM HIGH COURT

Article 371 (Judgment which can be re-appealed (Sanggo))

Re-appeal may be lodged, in case the finding of the court of second instance is not satisfactory, to the Supreme Court.

Article 372 (Direct Appeal to Supreme Court from District Court)

In the following cases appeal (sanggo) may be made directly to the Supreme Court without filing appeal to the High Court against judgment in the first instance:

1.When the court fails to apply facts which are recognized in the original judgment, or where there is an error in the application of laws and regulations; and

2.When the penalty has been abolished or changed or general amnesty has been proclaimed subsequent to the rendition of the original judgment.

Article 373 (Appeal to High Court and Direct Appeal to Supreme Court from District Court)

An appeal to the Supreme Court against the judgment in first instance shall lose its effect if an appeal to the High Court is filed. However, this shall not apply when appeal (hangso) has been withdrawn or dismissed by means of a ruling.

Article 374 (Period allowed for Appeal (Sanggo))

The period allowed for appeal (sanggo) shall be seven days.

Article 375 (Method of Request Appeal (Sanggo))

An appeal (sanggo) shall be lodged by presenting petition of appeal to the original court.

Article 376 (Ruling on Dismissal of Appeal (Sanggo) by Original Court)

(1)Where it is obvious that the appeal (hangso) is made contrary to the legal form or has been filed after the termination of the right to appeal, the original court shall dismiss it by means of a ruling.

(2)Immediate appeal to the High Court may be filed against such a ruling as referred to in the preceding Paragraph.

Article 377 (Time for Sending Record of Proceedings to Public Prosecutor's Office)

(1)With the exception of the preceding Article, the original court shall send the record of proceedings and evidence to a public prosecutor in the public prosecutor's office corresponding to the original court, within fourteen days from the day the court has received a petition of appeal (sanggo) and the public prosecutor shall send them to a public prosecutor in the public prosecutor's office corresponding to the Re-appeal Court within seven days from the day he receives it.

(2)The public prosecutor in the public prosecutor's office corresponding to the Re-appeal Court shall send the record of proceedings as referred to in the preceding Paragraph to the Re-appeal Court within five days from the day he receives it. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 378 (Receiving Records of Proceedings and Notification)

(1)When the Re-appeal Court receives the record of proceedings, it shall immediately inform the appellant and appellee of the reason.

(2)When a defense counsel is appointed before the notification mentioned in the preceding Paragraph, the court shall inform the defense counsel. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 379 (Statement of Reasons of Appeal (Sanggo) and Written Answer)

(1)An appellant or defense counsel shall submit a statement of the reason for appeal to the Re-appeal Court within twenty days from the day when he received the notification provided for in the preceding Article.

(2)The reason shall be expressed distinctly in the statement for appeal (sanggo) quoting the facts on the basis of the record and evidence already made and examined by the original court.

(3)The Re-appeal Court shall serve a copy or transcript of the statement to the other party without delay.

(4)The appellee may submit a written answer to the Re-appeal Court within ten days from the day he has been served in accordance with the preceding Paragraph.

(5)The Re-appeal Court shall serve a copy or transcript of the statement to appellant or defense counsel without delay. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 380 (Ruling of Dismissal of Appeal (Sanggo))

When appellant or defense counsel does not submit a statement of reason for the appeal within the period referred to in Paragraph (1) of the preceding Article, the court shall dismiss the appeal (sanggo) by means of a ruling. However, this shall not apply when there are reasons entered in the petition of appeal. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 381 (Ruling of Dismissal of Appeal (Sanggo))

The Re-appeal Court shall dismiss an appeal (sanggo) by means of a ruling when original court fails to render a ruling dismissing appeal (sanggo) subject to the provisions ofArticle 376. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 382 (Ruling of Dismissal of Appeal (Sanggo))

An appeal (sanggo) shall be dismissed by means of a ruling if the provisions of Subparagraphs 1 and 2 of Article 328 (1) are applicable.

Article 383 (Reasons of Appeal (Sanggo))

An appeal (sanggo) may be lodged against a judgment in the original instance rendered by the High Court for the following grounds:

1.In case there has been a violation of the Constitution, law, order or regulation which affected a decision of the court;

2.In case punishment is abolished or changed or general amnesty has been proclaimed after a decision of the court has been rendered;

3.In case there is a reason to request for a review; and

4.Regarding those cases for which punishment of death, a life term or an imprisonment with or without hard labor for more than ten years has been imposed, when the judgment attached was affected by grave mistake of the fact or when the amount of the punishment is extremely improper. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 384 (Scope of Investigation)

The Re-appeal Court shall investigate all the matters contained in the statement accompanying the appeal (sanggo). However, in cases of Subparagraphs 1 to 3 of the preceding Article, the court may render a decision ex officio thereon, even if it is not included in the reasons for re-appeal. [This Article Wholly Amended by Law No. 1500, Dec. 13, 1963]

Article 385 Deleted.

Article 386 (Qualification of Defense Counsel)

For trial on appeal (sanggo), no person other than an advocate shall be appointed as defense counsel.

Article 387 (Ability of Argument)

In a trial on an appeal (sanggo), only the defense counsel shall argue on behalf of the accused.

Article 388 (Form of Argument)

The public prosecutor and the defense counsel shall argue on the basis of the statement of reasons accompanying the appeal (sanggo).

Article 389 (Absence, etc. of Defense Counsel)

(1)If a defense counsel does not appear, or no defense counsel has been appointed, a judgment may be given after having the oral statement of a public prosecutor, except in the case of Article 283.

(2)In the case of the preceding Paragraph, when a legitimate statement of reason is presented, it shall be considered as an oral statement.

Article 390 (Judgment by Examination of Documents)

The Re-appeal Court may render an adjudication, without oral proceedings, after examining the petition of appeal, the statement of reasons for re-appeal, or any other records of the proceedings. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961]

Article 391 (Quashing of Original Judgment)

When there exist reasons for an appeal (sanggo), the original judgment shall be quashed by means of judgment.

Article 392 (Quashing for Co-Accused)

In case the original judgment for the benefit of an accused is quashed, such judgment shall also affect a co-accused by whom an appeal (sanggo) was lodged if the ground for quashing is common to the co-accused.

Article 393 (Dismissal of Public Prosecution and Judgment of Returning)

In case the original judgment or judgment of the court of first instance is to be quashed on the ground that an appeal (sanggo) properly filed was dismissed, it shall be sent back to the original court or the court of first instance by means of a judgment.

Article 394 (Recognition of Jurisdiction and Judgment of Transfer)

In case the original judgment or the judgment of the court of first instance is to be quashed on the ground that the basis for jurisdiction is contrary to law, it shall be transferred to the court of proper jurisdiction by means of a judgment.

Article 395 (Jurisdiction Erroneously Refused)

In case the original judgment or the judgment of the court of first instance is to be quashed on the ground that the basis for refusing jurisdiction is against the law, it shall be sent back to the original court or the court of first instance by means of a judgment.

Article 396 (Judgment of Quashing)

(1)In case the original judgment is to be quashed, then the Re-appeal Court may render a judgment on the basis of the record and evidence already made and examined by the original court or the court of first instance and may render a direct judgment on the case.

(2)The provisions of Article 368 shall apply mutatis mutandis to the judgment provided for in the preceding Paragraph.

Article 397 (Return or Transfer to Original Court)

When the original judgment is quashed on grounds other than the preceding four Articles, the case either shall be sent back to the original court, or transferred to another court of similar jurisdiction, by means of a judgment.

Article 398 (Form of Entry of Decision of Document)

The reason for judgment concerning appeal shall be written in the statement of decision.

Article 399 (Applicable Provisions)

The provisions of the preceding Chapter shall apply mutatis mutandis to the trial of appeal (sanggo), except as otherwise provided in this Chapter.

Article 400 (Request for Amendment of Judgment)

(1)The Re-appeal Court, where it notes any error in the content of its judgment, may ex officio amend it by a judgment upon request of the public prosecutor, the appellant or the defense counsel.

(2)The request mentioned in the preceding Paragraph shall be made within ten days after the day when the judgment has been pronounced.

(3)The request mentioned in Paragraph (1) shall be made in writing together with the reason therefor.

Article 401 (Judgment for Amendment)

(1)A judgment for amendment may be rendered without opening oral proceedings.

(2)The court of an appeal (sanggo) shall reject a request, by means of a ruling, without delay when the request for amendment is not favorably considered.

CHAPTER IV
APPEAL ON RULING (HANGGO)

Article 402 (Judgment to be appealed (Hanggo))

Against a ruling of a court, an appeal (hangso) may, if there is any objection, be made. However, this shall not apply in cases where it is specially provided in this Code.

Article 403 (Appeal (Hanggo) against Ruling Prior to Judgment)

(1)Against a ruling rendered, prior to the judgment, concerning the jurisdiction of a court or the proceedings, no appeal (hangso) shall be made except in cases where it is specially provided in this Code.

(2)The provisions of the preceding Paragraph shall not apply to a ruling relating to detention, release on bail, seizure or restoration of articles seized or a ruling relating to confinement of the accused in connection with examination by expert witnesses.

Article 404 (Time to file Ordinary Appeal (Hanggo))

With the exception of immediate appeal (hanggo), appeal (hanggo) may be made at any time. However, this shall not apply when it is no longer of advantage to have the original ruling cancelled.

Article 405 (Period allowed for Immediate Appeal (Hanggo))

The period allowed for immediate appeal (hanggo) shall be three days.

Article 406 (Procedure of Appeal (Hanggo))

An appeal (hanggo) shall be filed by presenting a written application to the original court.

Article 407 (Ruling of Dismissal of Appeal (Hanggo) by Original Court)

(1)In cases where it is obvious that the application for appeal (hanggo) is contrary to the form prescribed by law or it is filed after the termination of the right of appeal (hanggo), the original court shall dismiss it by means of a ruling.

(2)An immediate appeal (hanggo) may be filed against the ruling of the preceding Paragraph.

Article 408 (Ruling of Renewal by Original Court)

(1)In cases where the original court finds appeal (hanggo) to be well-founded, it shall correct the error in the ruling.

(2)Where the whole or a part of an appeal (hanggo) is groundless, the court shall send the written application with its written opinions attached thereto to the court of appeal (hanggo) within three days from the day when it received the application.

Article 409 (Suspension of Execution and Ordinary Appeal (Hanggo))

With the exception of immediate appeal (hanggo), appeal (hanggo) shall not have the effect of suspending the execution of the decision. However, the original court or the court of appeal (hanggo) may, by means of a ruling, suspend the execution until the appeal (hanggo) shall have been adjudicated.

Article 410 (Immediate Appeal (Hanggo) and Effect of Suspension of Execution)

During the period allowed for immediate appeal (hanggo) or after it is made, the execution of the decision shall be suspended.

Article 411 (Delivery of Records of Proceedings)

(1)The original court shall, if deemed necessary, send the records of proceedings and articles of evidence to the court of appeal (hanggo).

(2)The court of appeal (hanggo) may demand the records of proceedings and articles of evidence.

(3)In the cases of the preceding two Paragraphs, the court of appeal (hanggo) shall inform the parties within five days from the day the records of proceedings and articles of evidence are received.

Article 412 (Statement by Public Prosecutor)

The public prosecutor may state his opinion regarding an appeal (hanggo).

Article 413 (Ruling of Dismissal of Appeal (Hanggo))

In cases where the original court does not dismiss an appeal (hanggo) which falls under the provisions of Article 407, the court of appeal (hanggo) shall dismiss it by means of a ruling.

Article 414 (Dismissal of Appeal (Hanggo) and Recognition of Reasons for Appeal (Hanggo))

(1)In cases where the appeal (hanggo) is found to be groundless, it shall be dismissed by means of a ruling.

(2)If the appeal (hanggo) is well-founded, the original ruling shall be cancelled by ruling and, if necessary, a decision against the case of appeal (hanggo) shall be rendered anew.

Article 415 (Re-Appeal (Chaehanggo))

Against a ruling rendered by the court of appeal (hanggo) or a High Court, an immediate appeal may be lodged to the Supreme Court only on the ground that there has been a violation of the constitution, law, order or regulation which affected a court decision. [This Article Wholly Amended by Law No. 1500, Dec. 13, 1963]

Article 416 (Quasi-Appeal (Chaehanggo))

(1)A person who has an objection against a ruling rendered by the presiding judge or a commissioned judge which falls under any of the following Subparagraphs may demand cancellation or alteration of it to the court to which the judge belongs:

1.A ruling dismissing a motion for challenge;

2.A ruling relating to confinement, release on bail, seizure or restoration of articles seized;

3.A ruling ordering confinement for the purpose of examination by expert witnesses; and

4.A ruling ordering fine for negligence or compensation for expenses to a witness, expert witness, interpreter, or translator.

(2)A ruling requested in relation to the above Subparagraphs shall be rendered by the collegiate court.

(3)The demand mentioned in Paragraph (1) shall be made within three days after the date on which the ruling is made.

(4)The execution of a ruling provided in Subparagraph 4 of Paragraph (1) shall be suspended during the period specified in the preceding Paragraph after demand is made.

Article 417 (Quasi-Appeal)

A person who objects to a disposition concerning confinement, seizure or restoration of seized articles which were effected by a public prosecutor or a judicial police officer, may demand cancellation or alteration to the court which has jurisdiction over the judicial police officer or to the court corresponding to the public prosecutor's office to which the public prosecutor belongs.

Article 418 (Form of Quasi-Appeal)

The demand provided in the preceding two Articles shall be made by presenting a written application to the competent court.

Article 419 (Applicable Provisions)

The provisions of Articles 409, 413, 414 and the text of Article 415 shall apply mutatis mutandis to cases arising under Article 416 or 417.

PART IV
SPECIAL PROCEEDINGS OF TRIAL

CHAPTER I
REOPENING OF PROCEDURE

Article 420 (Reopening of Procedure)

Request for reopening of procedure may be made for the benefit of a person against whom a judgment of "guilty" has become finally binding, in the following cases:

1.When documentary evidence or articles of evidence, on which the original judgment was based, have been proved by another finally binding judgment to have been forged or altered;

2.When testimony, expert opinion, interpretation or translation on which the original judgment was based, has been proved by another finally binding judgment to be false;

3.When the offense of false accusation committed against a person pronounced guilty has been proved by another final judgment;

4.When the decision on which the original judgment was based has been altered by another final decision;

5.When clear evidence has been newly discovered that in regard to a person pronounced guilty, a judgment of "not guilty" or acquittal should be pronounced, or in the case of a person condemned, a judgment of remission of a penalty should be pronounced, or a lighter offense than that found by the original judgment should be given;

6.When, in a case in which a judgment of "guilty" has been rendered for the offense of infringing a copyright, a patent right, a utility model right, a design right or a trademark right, a final decision of the Patent Office holding such right to be void has been made or a judgment of a court has been rendered to the same effect; and

7.When it is proved by a final judgment that an offense had been committed in connection with official functions by a judge who participated in the decision by the original court or the court below, or in the inquiry which formed the basis of the original judgment, or by a public prosecutor or judicial police officer who participated in the institution of a public prosecution or in the investigation which formed the basis of the public prosecution. However, this shall apply only if the court which rendered the original judgment was unaware that public prosecution was instituted against such judge, public prosecutor or judicial police officer prior to the rendition of the original judgment.

Article 421 (Reopening of Procedure)

(1)Request for reopening of procedure may be made against a final judgment by which appeal (hanggo) or appeal (sanggo) was rendered for a cause specified in Subparagraph 1, 2 or 7 of the preceding Article.

(2)After a judgment to reopen procedure has been rendered in a case in which reopening of procedure against a final judgment in first instance was requested, reopening of procedure shall not be requested against a judgment dismissing an appeal (hanggo).

(3)After a judgment for reopening of procedure has been rendered in a case in which reopening of procedure against a final judgment in the first or second instance was requested, reopening of procedure shall not be requested against a judgment dismissing the appeal (sanggo).

Article 422 (Evidence in Finally Binding Judgment)

When it is impossible to get a final judgment as proof of an offense in accordance with the preceding two Articles, then if it appears that such a final judgment should be made, the court may grant a request for reopening of procedure on proof of such facts. However, this shall not apply to a case in which final judgment is prevented by lack of evidence.

Article 423 (Jurisdiction over Reopening of Procedure)

Request for reopening of procedure shall be made in the jurisdiction of the court which rendered the original judgment.

Article 424 (Persons entitled to Request Reopening Procedure)

Following person may request reopening of procedure:

1.A public prosecutor;

2.A person who has been pronounced guilty;

3.The legal representative of a person who has been pronounced guilty; and

4.The spouse or lineal relative or brother or sister of person pronounced guilty if the latter dies or is in a state of unsound mind.

Article 425 (Reopening of Procedure to be requested only by Public Prosecutor)

Request for reopening of procedure for the causes specified in Subparagraph 7 of Article 420, may be made only by a public prosecutor if the offense was instigated by the person who has been pronounced "guilty".

Article 426 (Selection of Defense Counsel)

(1)When a person other than a public prosecutor requests reopening of procedure, he may select a defense counsel.

(2)The selection of defense counsel under the provisions of the preceding Paragraph shall remain valid until a judgment is rendered on the reopening of procedure.

Article 427 (Time to request Reopening of Procedure)

Reopening of procedure may be requested even after execution of the penalty has been completed or where the penalty is not to be executed.

Article 428 (Reopening of Procedure and Effect of Suspension of Execution)

Request for reopening of procedure shall not have the effect of staying the execution of the penalty. However, a public prosecutor of a public prosecutor's office corresponding to the competent court may stay the execution of the penalty until a decision is rendered in regard to the request for reopening of procedure.

Article 429 (Withdrawal of Request for Reopening of Procedure)

(1)Request for reopening of procedure may be withdrawn.

(2)A person who has withdrawn a request for reopening of procedure shall not again request reopening of procedure for the same cause.

Article 430 (Special Regulation)

The provisions of Article 344 shall apply mutatis mutandis to a request for reopening of procedure and the withdrawal thereof.

Article 431 (Investigation of Fact)

(1)On receipt of a request for reopening of procedure, a court may, if necessary, order a member of the collegiate court to conduct an investigation of facts relating to the request or may requisition a judge of another court, to undertake it.

(2)In the case of the preceding Paragraph, a commissioned judge of a requisitioned judge shall have the same power as a court or a presiding judge.

Article 432 (Ruling for Reopening of Procedure and Opening of the Party)

Before the court renders a ruling on a request for reopening of procedure, it shall hear the opinion of the applicant and the other party. However, in case a request is made by the legal representative of a person who has been pronounced "guilty", the court shall hear the opinion of such person.

Article 433 (Ruling of Dismissal of Request)

When it is obvious that a request for reopening of procedure has been made contrary to the form of law or subsequent to the termination of the right to make such request, it shall be dismissed by means of a ruling.

Article 434 (Ruling of Dismissal of Request)

(1)When a request for reopening of procedure is considered to be without grounds, it shall be dismissed by means of a ruling.

(2)After the ruling mentioned in the preceding Paragraph has been rendered, reopening of procedure shall not again be requested for the same cause by any person.

Article 435 (Ruling for Commencing Reopening of Procedure)

(1)When a request for reopening of procedure is considered to be well-founded, a ruling for commencing reopening of procedure shall be rendered.

(2)When a ruling for commencing reopening of procedure has been rendered, the execution of the penalty shall be stayed by means of a ruling.

Article 436 (Concurrence of Request and Ruling of Dismissal of Request)

(1)If a motion for reopening of procedure has been requested in respect to final judgment dismissing appeal (hanggo) and also to a judgment of first instance which has become final by the above judgment, then if the court of first instance renders a judgment for reopening of procedure, the court of appeal (hanggo) shall, by means of a ruling, dismiss the request for reopening of procedure.

(2)When, in case reopening of procedure has been requested in respect to a final judgment dismissing appeal (sanggo) against the judgment in first or second instance and to a judgment of first or second instance which has become finally binding by the above judgment, the court of first or second instance has rendered a judgment to the reopening procedure, the court of appeal (sanggo) shall, by means of a ruling, dismiss the request for reopening of procedure. [This Article Wholly Amended by Law No. 1500, Dec. 13, 1963]

Article 437 (Immediate Appeal (Hanggo))

Immediate appeal (hanggo) may be made against the rulings mentioned in Articles 433, 434 (1), 435 (1) and 436 (1).

Article 438 (Judgment for Reopening of Procedure)

(1)In a case in which a ruling for commencing reopening of procedure has become final, a court shall, except in the case of Article 436, conduct a trial de novo according to its grade.

(2)The provisions of Article 306 (1) and Subparagraph 2 of Article 328 (1), however, shall not apply to the trial mentioned in the preceding Paragraph in the following cases:

1.When a request for reopening of procedure has been made on behalf of a deceased person or a person who is in a state of unsound mind with no hope of recovery; and

2.When a person who has been pronounced "guilty" has, prior to a judgment being rendered in the reopening of procedure, died or fallen into a state of unsound mind from which there is no hope of recovery.

(3)In the case of the preceding Paragraph, trial may be held without the appearance of the accused. However, it shall not be held if his defense counsel does not appear.

(4)If, in the case of the preceding two Paragraphs, the person who has requested reopening of procedure does not select a defense counsel, a presiding judge shall, ex officio, assign a defense counsel.

Article 439 (No Imposition of Heavier Punishment)

In reopening of procedure, no penalty heavier than that pronounced in the original judgment shall be imposed.

Article 440 (Notification of Judgment "Not Guilty")

When a pronouncement of "not guilty" has been made after reopening of procedure, such judgment shall be published in the official Gazette and newspaper at the seat of the court.

CHAPTER II
EXTRAORDINARY APPEAL

Article 441 (Reasons for Extraordinary Appeal)

When it has been discovered after a judgment has become binding that the trial or judgment of the case was in violation of law or regulation, the Prosecutor General may lodge an extraordinary appeal in the Supreme Court.

Article 442 (Form of Extraordinary Appeal)

In making an extraordinary appeal, a written application stating reasons thereof shall be presented to the Supreme Court.

Article 443 (Date for Public Trial)

A public prosecutor shall argue on the basis of the written application on the date for public trial.

Article 444 (Sphere of Investigation and Investigation of Facts)

(1)The Supreme court shall investigate only those matters which are stated in the written application for the extraordinary appeal.

(2)The Supreme Court may examine facts as to the jurisdiction of the original court, the acceptance of the public prosecution and the procedure of the case.

(3)In the case of the preceding Paragraph, the provisions of Article 431 shall be applicable.

Article 445 (Judgment of Dismissal)

When an extraordinary appeal is groundless, it shall be dismissed by a judgment.

Article 446 (Judgment of Quashing)

When an extraordinary appeal is considered to be well-grounded, a judgment shall be rendered according to the following categories: 1. When the original judgment is in violation of law or regulation, the part in violation shall be quashed; however, if the original judgment was disadvantageous to the accused, it shall be quashed and a judgment rendered anew in the case;

and 2. When any procedure of the original judgment is in violation of law or regulation, the procedure in violation shall be quashed.

Article 447 (Effect of Judgment)

With the exception of a judgment rendered under the proviso of Subparagraph 1 of the preceding Article, the effect of a judgment in extraordinary appeal shall not extend to the accused.

CHAPTER III SUMMARY PROCEDURE

Article 448 (Issuance of Summary Order)

(1)In a matter coming within its jurisdiction, a district court may, on a public prosecutor's demand, impose a fine, minor fine or confiscation upon the accused by a summary order without ordinary proceedings of trial.

(2)In the case of the preceding Paragraph, additional collections and other accessory dispositions may be effected.

Article 449 (Demand for Summary Order)

Demand for summary order shall be made in writing simultaneously with the institution of public prosecution.

Article 450 (Ordinary Adjudication)

If it is considered that a case does not admit of a summary order being issued or that it is not proper to do so, trial shall be conducted in accordance with the ordinary proceedings.

Article 451 (Form of Summary Order)

The facts constituting an offense, the law or regulation applicable, the principal penalty and other accessory matter together with a statement that an application for formal trial may be made within seven days from the day of notification of the order shall be clearly stated in the order for summary trial.

Article 452 (Notification of Summary Order)

Notification for summary order shall be made by serving a written order to a public prosecutor and the accused.

Article 453 (Demand for Formal Trial)

(1)A public prosecutor or the accused may apply for formal trial within seven days from the day on which he received notification of a summary order. An accused may not waive his right to demand formal trial.

(2)An application for formal trial shall be made in writing to the court which has issued the summary order.

(3)When an application for formal trial has been made, the court shall promptly notify the fact to the public prosecutor or the accused.

Article 454 (Withdrawal of Demand for Formal Trial)

An application for formal trial may be withdrawn prior to the rendering of a judgment in first instance.

Article 455 (Ruling of Dismissal)

(1)In the event an application for formal trial is made contrary to law or regulation or subsequent to the termination of the right of application, it shall be dismissed by means of a ruling.

(2)Against such a ruling immediate appeal (hanggo) may be made.

(3)Should an application for formal trial be considered legal, trial shall be conducted in accordance with the ordinary proceedings of trial.

Article 456 (Nullification of Summary Trial)

When a judgment is given on an application for formal trial, the summary order shall lose its effect.

Article 457 (Effect of Summary Trial)

A summary order shall acquire the same effect as an irrevocable judgment upon the lapse of period for application for formal trial or upon the withdrawal of such application or upon the ruling dismissing the application.

Article 458 (Mutatis Mutandis Application of Appeal (Hanggo) Provision)

The provisions of Articles 340 to 342, 345 to 352, and 354 shall apply mutatis mutandis to applications for formal trial or withdrawal thereof.

PART V
EXECUTION OF DECISION

Article 459 (Final Binding and Execution of Trial)

Except as otherwise provided in this Code, a decision shall be executed after it has become final.

Article 460 (Conduct of Execution)

(1)The execution of decision shall be directed by a public prosecutor of the public prosecutor's office corresponding to the court which rendered such decision. However, this shall not apply to a trial of such nature that it should be directed by a court or a judge.

(2)In case a decision of an inferior court is to be executed as the result of a decision on appeal or of the withdrawal of an appeal, a public prosecutor of the public prosecutor's office corresponding to the court of appeal shall direct its execution. However, if the records of the case are in the inferior court or a public prosecutor's office corresponding to the court, the public prosecutor of such public prosecutor's office shall direct the execution of the decision.

Article 461 (Method of Conduct of Execution)

The execution of decision shall be directed in writing accompanied by a copy of, or an extract from the document of decision or the protocol containing the decision. However, the direction, unless it is for the execution of a penalty, may also be given by affixing a seal and initials to original or a copy of or an extract from the document of decision, or a copy of or an extract from the protocol.

Article 462 (Order of Execution of Penalty)

In case there are two or more principal penalties other than deprivation of qualification, suspension of qualification, fine, minor fine, and confiscation, the heaviest penalty shall be executed first. However, a public prosecutor may stay execution of the heavier penalty and cause the lesser penalty to be executed, with the permission of the Minister of Justice.

Article 463 (Execution of Death Penalty)

The death penalty shall be executed by an order of the Minister of Justice.

Article 464 (Final Judgment of Death and Submission of Records of Proceedings)

When the judgment which has pronounced the death penalty is final, the public prosecutor shall submit the records of proceedings to the Minister of Justice without delay.

Article 465 (Time to Order Execution of Death Penalty)

(1)The order to execute the death penalty shall be given within six months from the day when a judgment becomes final.

(2)In case where a request for the recovery of right of appeal or for reopening of procedure or application for an extraordinary appeal has been made, the time for completion of such procedure shall not be calculated in the period of six months.

Article 466 (Period of Execution of Death Penalty)

In the event of the Minister of Justice having ordered the execution of the death penalty, such execution shall be carried out within five days.

Article 467 (Presence in Execution of Death Penalty)

(1)The death penalty shall be executed in the state of the public prosecutor, a secretary of a public prosecutor's office and a director of prison or director of detention house or his representative.

(2)No person shall enter the place of execution except with the permission of a public prosecutor or a director of prison or director of detention house. [This Article Wholly Amended by Law No. 1500, Dec. 13, 1963]

Article 468 (Protocol of Execution of Death Penalty)

A secretary of a public prosecutor's office who attends at the execution of death penalty shall make an account of the execution, which shall be signed and sealed by him together with the public prosecutor and the director of prison or director of detention house or his representative.

Article 469 (Suspension of Death Penalty)

(1)If a person condemned to death is in a state of unsound mind or a woman condemned to death is pregnant, the execution shall be stayed by order of the Minister of Justice.

(2)In case the execution of death penalty has been stayed under the provisions of the preceding Paragraph, the penalty shall be executed by order of the Minister of Justice subsequent to recovery from state of unsound mind or after delivery.

Article 470 (Suspension of Execution of Punishment other than Death Penalty)

(1)If a person condemned to penal servitude, imprisonment or detention is in a state of unsound mind, the execution shall be stayed until his recovery, subject to the direction of a public prosecutor of the public prosecutor's office corresponding to the court which pronounced the penalty or of a public prosecutor of the public prosecutor's office having jurisdiction over the place where the condemned is situated.

(2)In case the execution of penalty has been stayed in accordance with the preceding Paragraph, a public prosecutor shall deliver the condemned to the person who is bound to guard and protect him or to the head of the local public authorities and cause him to be placed in a hospital or other suitable place.

(3)A person for whom the execution of a penalty has been stayed shall be detained in prison or detention house until the disposition provided for in the preceding Paragraph has been effected, and the period of such detention shall be included in the term of the penalty.

Article 471 (Suspension of Execution of Punishment other than Death Penalty)

(1)The execution of penal servitude, imprisonment or detention may be stayed in the following cases, subject to the direction of a public prosecutor of the public prosecutor's office corresponding to the court which has pronounced the penalty or of a public prosecutor of the public prosecutor's office having jurisdiction over the place where the condemned is situated:

1.If the health of the condemned will be seriously impaired as a result of the execution of penalty or there is apprehension that the condemned will not survive it;

2.If the condemned is seventy years of age or over;

3.If the condemned is in the sixth month of pregnancy or more;

4.If sixty days have not elapsed after the condemned was delivered of a child;

5.If the lineal ascendants of the condemned are seventy years of age or over, or crippled or seriously ill, and there is no relative to look after them;

6.If the lineal descendants of the condemned are in their infancy and there is no relative to look after them; and

7.If there is any other valid reason.

(2)The public prosecutor shall obtain permission of the chief public prosecutor in the public prosecutor's office to which he belongs in matters pertaining to the preceding Paragraph.

Article 472 (Suspension of Execution of Costs of Trial)

The execution of the decision ordering the costs of trial to be borne shall be stayed within the period allowed for making the request provided by Article 487, or, in case such request has been made, until a decision thereon becomes finally binding.

Article 473 (Summon for Execution)

(1)If a person condemned to death, penal servitude, imprisonment or detention is not under confinement, a public prosecutor shall summon him for the purpose of the execution of penalty.

(2)If he fails to appear in response to the summon, a public prosecutor shall arrest him by issuing a warrant of execution of penalty.

(3)In the case of Paragraph (1), if persons who are sentenced to penalties take flight or it is afraid that they may take flight or their whereabouts are unknown, they may be detained by issuing warrants of execution of penalties, without summoning.

Article 474 (Method and Effect of Warrant of Execution of Penalty)

(1)The warrant of execution of penalty under the preceding Article shall contain the convicted persons' names, addresses, ages, names of penalties, period of penalties and other necessary matters.

(2)The warrant of execution of penalty has the same effect as the warrant of arrest for detention. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 475 (Execution of Warrant of Execution of Penalty)

The provisions on arrest of the accused in Chapter IX of art I shall apply mutatis mutandis to execution of warrant of execution of penalty under the preceding two Articles. [This Article Wholly Amended by Law No. 2450, Jan. 25, 1973]

Article 476 (Execution of Penalty concerning Qualification)

The name of the person who has been sentenced to deprivation of qualification or suspension of qualification shall be entered in original list of sentenced persons and a copy shall be served without delay to the head of the Shi (referred to the Shi where no Ku is established; hereinafter the same shall apply)/Ku/Up/Myon (in the Shi which is of the urban and rural complex type, it shall be the head of the Shi/Ku in case of the Dong area, and the head of the Up/Myon in case of the Up/Myon area) in the permanent domicile and place of residence of the sentenced person.

Article 477 (Execution of Penalty concerning Property)

(1)A decision imposing a fine, minor fine, confiscation, additional collection, fine for negligence, the costs of trial, compensation for costs or provisional payment shall be executed by an order of a public prosecutor.

(2)Such an order as referred to in the preceding Paragraph shall have the same effect as an executed deed of obligation.

(3)The provisions of execution provided for in the Civil Procedure Code shall apply mutatis mutandis in regard to the execution of decisions referred to in Paragraph (1). However, the service of the decision is not necessary prior to the execution.

Article 478 (Execution for Estate of Inheritance)

Confiscation, or a fine or additional collection imposed under the provisions of law or regulation relating to taxes or government monopolies, or other imposts may be executed upon the property of succession in the event the condemned dies after the judgment has become final.

Article 479 (Execution for Juristic Person after Amalgamation)

If a juristic person has been sentenced to fine, minor fine, confiscation, additional collection, costs of trial or compensation for costs, then if such juristic person has been extinguished by amalgamation after the judgment becomes final, the penalty may be executed on the juristic person which continues in existence after the amalgamation or which was formed by the amalgamation.

Article 480 (Arrangement of Execution of Provisional Payment of Detention)

If a decision for provisional payment was made in the second instance subsequent to the execution for decision of provisional payment in the first instance, such execution shall be applied to the decision in the second instance to the extent of the amount of money ordered to be paid by the decision in the second instance.

Article 481 (Execution of Provisional Payment and Execution of Principal Punishment)

If a decision of a fine, minor fine or additional collection has become final after the execution of decision of provisional payment, the penalty shall be deemed to have been executed to the extent of the amount paid.

Article 482 (Calculation in Number of Detention Days pending Judgment after Appeal)

(1)The number of days of detention pending judgment subsequent to the application for appeal shall be included in the calculation of the regular penalty, in the following cases:

1.In the case where application for appeal has been made by a public prosecutor; and

2.In the case where application for appeal has been made by the accused or a person other than the accused, and the original judgment is quashed by the court of appeal (sanggo) jurisdiction.

(2)For the purpose of calculation under the preceding Paragraph, one day of detention pending judgment shall be counted as one day of penal term or the sum of 1,000 Won.

(3)Detention effected after the court of appeal (sangso) has quashed the original judgment shall be included in the calculation following the example of the number of days of detention during the pendency of the appeal.

Article 483 (Disposition of Goods confiscated)

Goods which have been confiscated shall be disposed of by a public prosecutor.

Article 484 (Delivery of Goods confiscated)

(1)If, within three months after the execution of confiscation, delivery of the goods confiscated is demanded by the person lawfully entitled, a public prosecutor shall deliver them, with the exception of those which are to be destroyed or thrown away.

(2)If the demand mentioned in the preceding Paragraph is made after the confiscated goods have been disposed of, a public prosecutor shall deliver the proceeds realized at the public sale.

Article 485 (Indication of Forgery)

(1)In case an article forged or altered is restored, the whole or forged part of such article shall be indicated.

(2)In case the article forged or altered has not been seized, it shall be caused to be produced and the measure specified in the preceding Paragraph shall be taken. However, if the article belongs to a public office, the latter shall be notified of the forgery or alteration and advised to take suitable measures.

Article 486 (Incapable Payment and Notification)

(1)In case goods under seizure cannot be restored because the whereabouts of the person entitled to such restoration is unknown or for any other reason, a public prosecutor shall give public notice to such effect in the official Gazette.

(2)If restoration is not requested in three months from the time of announcement, the articles shall belong to the National Treasury.

(3)Even within the period specified in the preceding Paragraph, things of no value may be disposed of and those articles which are inconvenient to be kept in custody may be sold at public sale and the proceeds held in custody.

Article 487 (Application for Exemption of Costs of Trial)

If a person who has been ordered to bear the costs of trial cannot make full payment because of poverty, he may request the court which rendered the decision ordering such costs to be borne by him to exempt him from the execution of the decision in respect to the whole or a part of such costs within ten days from the day when the decision has become final.

Article 488 (Request for Doubt)

If a person condemned to a penalty has any doubt in regard to the interpretation of the decision, he may request the court which pronounced the decision for an interpretation.

Article 489 (Request for Objection)

If a person against whom a decision is to be executed, or his legal representative or spouse, considers any disposition effected by a public prosecutor in regard to the execution to be improper, he may raise an objection to the court which pronounced such decision.

Article 490 (Withdrawal of Requests)

(1)The requests contemplated in the preceding three Articles may be withdrawn at any time before a ruling is rendered thereon.

(2)The provisions of Article 344 shall apply mutatis mutandis to the requests mentioned in the preceding three Articles and to the withdrawal thereof.

Article 491 (Immediate Appeal (Hanggo))

(1)In case the demand mentioned in the Articles 487 to 489 has been made, the court shall render a ruling on it.

(2)Against the ruling provided for in the preceding Paragraph an immediate appeal (hanggo) may be made.

Article 492 (Execution of Detention in Labor House)

As regards the execution of a sentence of detention in the workhouse because of inability to make full payment of a fine or minor fine, the provisions relating to the execution of penalties shall apply mutatis mutandis.

Article 493 (Costs of Execution to be charged)

The costs of execution of any of the decision referred to in Article 477 (1) shall be charged to the person, on whom such execution is levied, and shall be collected simultaneously with the execution in accordance with the provisions of law and regulation concerning the Civil Procedure Code.

ADDENDA

Article 1

Those cases in which a public prosecution has been instituted before the enforcement of this Code shall be governed by the old Code.

Article 2

Those cases in which a public prosecution has been instituted after the enforcement of this Code shall be governed by this Code. However, this shall not affect acts of procedure already taken in accordance with the provisions of the old Code prior to the enforcement of this Code.

Article 3

The proceedings taken under the old Code before the enforcement of this Code shall be deemed to have been taken under this Code, if there are corresponding provisions in this Code.

Article 4

The legal period which has begun to run before the enforcement of this Code and the period to be added thereto according to the distance between the residence of a person who is to participate in a trial or the place where his office is located and the place where a court is located shall be governed by the old Code.

Article 5

In case where a person concerned with a case demands, in accordance with the provisions of Article 45 of this Code, delivery of a copy of or extracts of the document of decision or the protocol in which the decision is entered, he shall accompany postal stamp amounting to 50 Hwan per sheet of such copy or extracts.

Article 6

Necessary matter concerning the disposal of those cases which are pending in court at the time of enforcement of this Code, shall be provided by the Supreme Court Regulations, if otherwise provided for in this Code.

Article 7

The fine for negligence provided for in this Code and the amount mentioned in Article 5 of the Addenda in this Code may be increased or decreased by the Supreme Court Regulations according to change of the economic situation.

Article 8

The following decree and ordinances which have been effective before the enforcement of this Code, shall hereby be repealed:

1.The provisions of Chosun Penal Decree which conflict with this Code; and

2.The provisions of the United States of America Military Government in Korea Ordinances which conflict with this Code.

Article 9 (Enforcement Date)

This Code shall enter into force as of May 30, 1954.

ADDENDA

(1)(Interim Provisions)

1.This Code shall apply to the cases pending in the courts at the time of enforcement of this Code. This, however, shall not modify the effect of any procedural acts taken prior to the enforcement of this Code; and

2.Cases appealed prior to the enforcement of this Code shall be governed by the old Code.

(2)(Enforcement Date)

This Code shall enter into force as of the date of its promulgation.

ADDENDA

(1)This Code shall enter into force as of December 17, 1963.

(2)This Code shall apply to the cases pending in the courts at the time of enforcement of this Code. This, however, shall not modify the effect of any procedural acts taken in accordance with the old Code, prior to the enforcement of this Code.

(3)As to the cases of appeal pending at the time of enforcement of this Code, a statement of reason for appeal may be filed again up to twenty days from the date of enforcement of this Code, if the period of filing an appeal has elapsed or a notice of the acceptance of the record of an appeal case has been given.

ADDENDA

(1)(Enforcement Date)

This Code shall enter into force as of February 1, 1973.

(2)(Interim Measures)

This Code shall apply to cases pending in the courts at the time of the enforcement of this Code: Provided, That effects of the acts of procedure done pursuant to the old Code shall not be affected by the application of this Code.

(3)(Interim Measures)

As for punishments of person whose crimes were committed before the enforcement of this Code and are punishable with fine for negligence pursuant to the old Code, the old Code shall apply even after the enforcement of this Code.

(4)(Interim Measures)

With regard to the legal period which began to run before the enforcement of this Code, the old Code shall apply even after the enforcement of this Code.

(5)(Interim Measures)

The provisions of Article 286-2 shall not apply to those cases against which public prosecutions were instituted before the enforcement of this Code.

ADDENDUM

This Code shall enter into force as of the date of its promulgation.

ADDENDUM

This Code shall enter into force as of the date of its promulgation.

ADDENDA

(1)(Enforcement Date)

This Code shall be effective as of February 25, 1988.

(2)(Interim Measures)

This Code shall apply to the cases pending in the courts at the time of the enforcement of this Code: Provided, That the effects of any procedural acts taken pursuant to the old Code shall not be affected by the application of this Code.

ADDENDA

Article 1 (Enforcement Date)

This Code shall enter into force as of January 1, 1995.

Articles 2 to 4 Omitted.

Comments:
This is the official consolidated translation with the latest amendment entered into force 1 January 1995.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.