Victim and Assailant Involved with Violence and Injury

Initiation of an Inspection

Initiation of an Inspection

- The conditions of initiating an inspection are accusation (Article 223 of the Criminal Procedure Act), charge (Article 234 of the Criminal Procedure Act), surrender (Article 240 of the Criminal Procedure Act), report (Article 47 of the Criminal Investigation Rules), and identification (Article 18 of the Police Investigation Rules).

- If considering a person to be guilty, the prosecutor shall investigate the person and look into the criminal information and evidence (Article 196 of the Criminal Procedure Act).

※ The “judicial police officer” refers to the deputy assistant commissioner, senior superintendent, chief superintendent, and lieutenant; the “judicial police assistant” refers to the police sergeant, police corporal, and police constable (Article 197, paragraphs 1 and 2 of the Criminal Procedure Act).

Arrestment and Imprisonment of the Suspect

Arrestment of the Suspect

- Suppose the prosecutor has a justifiable reason to suspect a person of having committed a crime, and the suspect refuses or might refuse to attend as requested by the investigation agency without justifiable reasons. In this case, the prosecutor may request the judge of the competent district office to issue an arrest warrant and arrest the suspect with the warrant (Article 200-2, paragraph 1 of the Criminal Procedure Act).

- To arrest the suspect, the judicial police officer may request the prosecutor to request the competent district office judge to issue an arrest warrant (Article 200-2, paragraph 1 of the Criminal Procedure Act).

Imprisonment of the Suspect

- Suppose the prosecutor has a justifiable reason to suspect a person of having committed a crime, and the suspect falls under any of the following cases. In this case, the prosecutor may request the judge of the competent district office to issue an arrest warrant and imprison the suspect (Article 201, paragraph 1 and Article 70, paragraph 1 of the Criminal Procedure Act).

· If the defendant has no proper residence

· If the defendant might destroy evidence

· If the defendant tries to escape or might try to escape

- To imprison the suspect, the judicial police officer may request the prosecutor to request the competent district office judge to issue an arrest warrant (Article 201, paragraph 1 of the Criminal Procedure Act).

Case Send Forward to the Prosecutor’s Office

Case sent forward to the prosecutor's office

- Suppose the judicial police officer investigates an accused, charged, or reported criminal case and deems the suspect to be suspicious of an offense. In this case, the judicial police officer shall promptly send the case forward to the prosecutor, along with related documents and evidence (Article 245-5, subparagraph 1 of the Criminal Procedure Act).

Filing Prosecution to a Higher Court

Filing prosecution to a higher court

- The prosecutor submits a written indictment to file prosecution to the court after deciding whether the case is applicable for appeal. Filing prosecution terminates the investigation procedure (Articles 246 and 254 of the Criminal Procedure Act).

※ However, suppose the period of prescription of public prosecution has been expired according to Article 249 of the Criminal Procedure Act. In this case, no penalties are imposed due to the extinguishment of the state’s right of prosecution.

※ For more information on the prescription of public prosecution, visit <Penalties of crimes of violence and injury - Time limitation - Time limitation of crimes of violence and injury>.

Protecting Society from Violence in a State of Inebriation

Intensified Regulations for Violence in a State of Inebriation

- Korea has a tradition of being lenient towards cases committed in a state of inebriation, and therefore, has recognized violence while inebriation simply as a mistake to be forgiven. Such measures have worsened violence in a state of inebriation, and the extent of damage steadily increases. Therefore, the National Police Agency announced that it would focus on “protecting society from violence in a state of inebriation” to keep people safe from violence in everyday lives. It would eradicate five major types of violence cases (organized violence, violence in a state of inebriation, extortion, sexual abuse, and school violence) from June 20 to October 31, 2012.

Definition of Violence in a State of Inebriation

- The term “violence in a state of inebriation” was trademark registered with the Korean Intellectual Property Office (Registration No.: 40090705400000) by the Commissioner of the Chungbuk Provincial Police. The term refers to drunk people threatening and committing violence against innocent neighbors residing in residential areas or working in shopping districts.

Organization of the Control Squad of Violence in a State of Inebriation

- According to the National Police Agency’s statistics, 843 police offers work in 182 investigation teams exclusively in charge of violence while inebriated among 249 police stations nationwide.

The Reason for Intensifying Regulations for Violence in a State of Inebriation

- The primary reason for strengthening rules for violence in a state of inebriation was because KRW 8.8 trillion of social expenses were wasted annually. Moreover, drunk persons frequently committed violence against other people in city parks, hills, and places often visited in everyday life. Also, society’s lenient attitude toward drinking and frequent violence in a state of inebriation severely interfered with police officers' work and triggered the development of hardened criminals.

Basis of Penalties for Violence while Inebriated

- Relevant Statutory Provisions for Penalties for Violence while Inebriated

· According to the Criminal Act, drunk persons committing any of the following crimes shall be penalized: Crimes of violence, violence to lineal ascendants, violence incurring injuries, special violence incurring injuries, death resulting from violence, death resulting from special violence, death resulting from violence to lineal ascendants, habitual violence, habitual violence to lineal ascendants, special habitual violence, special violence, special violence to lineal ascendants, etc.

· According to the Punishment of Violence, Etc. Act, persons committing any of the following crimes while inebriated shall be penalized with a heavier sentence than that stipulated under the Criminal Act: joint violence, joint violence to lineal ascendants, habitual violence, habitual violence to lineal ascendants, repeated violence, repeated violence to lineal ascendants, repeated special violence, habitual special violence, special violence, special violence to lineal ascendants, habitual special violence to lineal ascendants, repeated special violence to lineal ascendants, etc.

· According to the Act on the Aggravated Punishment, Etc. of Specific Crimes, persons committing any of the following crimes while inebriated shall be penalized with a heavier sentence than that stipulated under the Criminal Act: violence for revenge, violence to drivers, violence incurring injuries to drivers, violence incurring death of drivers, violence incurring death for revenge, etc.

· Suppose the defendant intentionally committed violence while inebriated, planned to commit violence, or willingly got drunk or drugged to be exempted from penalties after committing a crime. In this case, the defendant shall be penalized with an aggravated punishment, regardless of whether he/she was feeble-minded or not.

· Even if the criminal does not fall under the cases above, the penalty shall not be mitigated if he/she was not feeble-minded while committing the crime.

※ For more information on the punishment criteria on violence while inebriated, visit < The Sentencing Commission Website–Criteria of Punishment-Criteria of Punishment During Execution-Criteria of Punishment for Crimes of Violence>.

Supporting Criminals to Return to Society

- During the regulation period, police officers will primarily focus on penalizing drunk people habitually committing violence against others in multi-use facilities, such as small shopping districts, emergency rooms, etc. In addition, each National Police Agency plans to enter into an MOU with local hospitals for persons habitually drunk to be consulted for alcohol addiction and receive hospital care. The efforts above aim at supporting persons who committed violence while in inebriation to return to society.

· The Seoul Metropolitan Police Agency will sign an MOU with the Seoul Hospital Association to organize a hot line with Seoul City-affiliated institutions. Moreover, it will share data with police officers, such as the reports indicating damage done by gangsters, and designate hospitals to provide benefits of reduced medical expenses to persons willing to return to society.

- The National Police Agency announced that it would provide up to KRW 50 million to compensate reporters or informers for reporting while keeping all reports confidential and protecting the reporters and informers from danger. Not only police officers but also the media and people must support and cooperate to stop people from committing violence while inebriated.

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