Disobedience of Summary Judgment to Request a Formal Trial
How to Request a Formal Trial- Suppose the defendant disobeys the court’s decision of summary judgment. In this case, the defendant may request the corresponding court for a formal trial in writing within seven days after the notification of summary judgment (Main Text of paragraph 1, and Article 453, paragraph 2 of the Criminal Procedure Act).
- The court shall promptly notify the prosecutor of the reason for the request of the formal trial (Article 453, paragraph 3 of the Criminal Procedure Act).
Effect of Requesting a Formal Trial- The court requested to proceed with a summary judgment shall dismiss the request if the request violates legal methods or if the defendant’s request right has apparently been expired (Article 455, paragraph 1 of the Criminal Procedure Act).
※ The defendant may make an immediate appeal on the formal trial request dismissal above (Article 455, paragraph 2 of the Criminal Procedure Act).
- If the defendant’s request for a formal trial is legitimate, it shall be proceeded according to trial procedures (Article 455, paragraph 3 of the Criminal Procedure Act).
- A summary judgment loses effect when the requested formal judgment has been decided (Article 456 of the Criminal Procedure Act).