Ad hoc measures of prosecutors
Ad hoc measures to prevent the recurrence of criminal domestic violence
- If a prosecutor determines that criminal domestic violence is likely to recur, he/she may make the following request for ad hoc measures, either ex officio or upon request by a police officer (Article 8 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence"):
· Eviction, etc. from a room, in which the victim or family members live, or a room occupied thereby, to isolate the offender from the victim
· A restraining order to stay at least 100 meters away from the residence or place of work of the victim or family members
· A ban on approaching the victim or family members through telecommunications
- If a prosecutor deems that a domestic violence offender is likely to repeat such criminal domestic violence in violation of ad hoc measures determined at court, the prosecutor may make a request for confining the offender in a detention center or room to the court, either ex officio or upon request by a judicial public officer (Article 8 (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Request of victim for ad hoc measures
- A victim or his/her legal representative may request a prosecutor or judicial public officer to make a request for ad hoc measures, file such application, or offer his/her statement (Article 8 (3) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
- A police officer who is requested for ad hoc measures must report the ground of request to the prosecutor if no ad hoc measures are requested to the prosecutor (Article 8 (4) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Decision on rapid ad hoc measures
- Upon the receipt of request, the court must promptly decide whether to take an ad hoc measure, and if it is deemed necessary to determine the ground for the ad hoc measure, it may summon the offender, victim, family member, or any other witnesses or issue a warrant to accompanying to conduct an investigation or examination for necessary matters (Article 10 (2) of the “Rules on the Proceedings for Home Protection”).
Court decision of ad hoc measures
Decision of ad hoc measures against offenders
- The court may take any of the following ad hoc measures against a domestic violence offender by ruling, where deemed necessary for the smooth investigation and examination of a home protection case or for the protection of a victim (Article 29 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence"):
① Eviction, etc. from a room, in which the victim or family members live, or a room occupied thereby, to isolate the offender from the victim
② A restraining order to stay at least 100 meters away from the residence or place of work of the victim or family members
③ Banning the offender from approaching the victim or family members through telecommunications
④ Admitting the offender into a medical institution or intermediate care center
⑤ Confining the offender in a detention center or room of any State police station.
⑥ Consigning counseling to a counseling center, etc.
※ Any of the above ad hoc measures may be enforced together with other ad hoc measures (Article 26 of the “Rules on the Proceedings for Home Protection”).
Period of ad hoc measures
- The period of the above ad hoc measures varies as follows depending on the type of ad hoc measures (Article 29 (5) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence"):
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Ad hoc measures
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Period of ad hoc measures
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Extendible or not
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Eviction, etc. from a room, in which the victim or family members live, or a room occupied thereby
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2 months 1 month Period of ad hoc measures
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Extendible twice, up to 6 months Extendible once, up to 2 months Extendible or not
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A restraining order to stay at least 100 meters away from the residence or place of work of the victim or family members
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A ban on approaching the victim or family members through telecommunications
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Admitting the offender into a medical institution or intermediate care center
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2 months
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Extendible twice, up to 6 months
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Confining the offender in a detention center or room of any State police station
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Consigning counseling to a counseling center, etc.
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Application for cancellation or modification of the devision
of ad hoc measures by offender
- A domestic violence offender, or his/her legal representative or assistant may file a request for the revocation or modification of a decision to take ad hoc measures (Article 29 (10) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Application for the modification of decision of ad hoc measures by victims
- If victims or family members have moved to a new residence or place of work after ad hoc measures under ① and ②, they may request the competent court to modify the decision of ad hoc measures (Article 29-2 (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").