Criminal Procedures
Inspection- Initiation of an Inspection
· An inspection agency shall initiate the case inspection, regardless of whether the case has or has not been notified, charged, or reported. If the person accused is deemed to be suspicious of the crime, the inspection agency shall look into the case by collecting criminal information, evidence, and interrogating the criminal (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
- Arrest
· An Arrest Warrant
√ Suppose that the investigation agency has a justifiable reason to suspect that the criminal suspect has committed a crime, but the suspect refuses or might refuse to appear in court. In this case, the agency may be issued with an arrest warrant by the judge and arrest the suspect with the warrant (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· Arrest Without Warrant
√ Suppose the investigation agency deems the suspect to have committed a severe crime, or the arrest warrant cannot be issued due to an urgent reason. In this case, the agency may notify the situation and arrest the suspect without a warrant (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· Arresting the Flagrant Offender
√ Any flagrant offender proceeding or about to proceed with committing a crime may be arrested without a warrant (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
- Arrest for Physical Restraint (Imprisonment)
· Suppose the investigation agency concludes that the suspect has committed a severe and heavy crime, has no proper residence, or might escape or destroy evidence. In this case, the agency may be issued an arrest warrant for physical restraint from the judge and imprison the suspect accordingly (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
Settlement and Deposit- Settlement
· During criminal case proceedings, the prosecutor or judge customarily recommends settlement to the suspect or defendant. If the suspect or defendant fulfills the settlement, the prosecutor or judge considers this and sentences him/her with a lighter penalty accordingly. (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
- Deposit for a Lighter Penalty
· Suppose settlement is impossible due to the victim’s excessive request or the assailant having a lack of funds to compensate the victim. In this case, the assailant applies for a deposit as a basis to be sentenced to a lighter penalty and as a way to show his/her sincerity (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
Filing Prosecution (Indictment)- Remitting a Case
· Remitting a case refers to the judicial police officer transferring the suspect and all records and evidence of the inspected criminal case to the prosecutor (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases )
- Indictment
· Suppose the prosecutor deems it necessary for the suspect to stand trial after inspecting the case remitted by the judicial police officer, recognized by the prosecutor himself/herself, etc. In this case, the prosecutor sends the corresponding case to court (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· Request for Bail
√ If arrested and charged by the prosecutor, the defendant may request the court for release on the condition of paying guarantee money, which is called bail in this case (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· Request for Summary Judgment
√ Suppose the prosecutor considers it more justifiable for the suspect to be fined instead of being sentenced to imprisonment or imprisonment without labor. In this case, the prosecutor may request for summary judgment simultaneously with the indictment. (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
- Non-indictment
· Non-indictment refers to the prosecutor judging it justifiable not to send the inspected case to trial and terminates the case instead of issuing an indictment. Suspension of indictment and the suspect being ruled innocent are primary ways for non-indictment (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
Criminal Mediation- Suppose the prosecutor deems it necessary for the injured party to recover from the crime substantially and for the parties to settle the dispute amicably. In this case, the prosecutor may send the criminal case for criminal mediation by the application of the party concerned or by his/her own official authority. However, the prosecutor shall acquire the parties’ approval even when sending the case by his/her own official authority (Article 2, paragraph 1 of the Guidelines for Practical Operations of Criminal Mediation ).
Criminal Procedures- Trial
· The court conducts a public trial for the case indicted by the prosecutor (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· However, the court may make a summary order for the summary indictment made by the prosecutor, meaning the court conducts trial by records only, not by a public trial(Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
- Ruling
· The judge may rule that the suspect is guilty according to trial results. According to extenuating circumstances, the judge may sentence imprisonment, suspension of execution, or suspension of sentence for mitigating circumstances (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· If there is no evidence that the suspect is guilty in the indicted case, the judge declares the suspect innocent (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
· Suppose a person was ruled innocent in court after being imprisoned, or if the person is clearly innocent after being exempted from indictment by the prosecution. According to the Act on Criminal Compensation and Restoration of Impaired Reputation, the falsely arrested person may demand compensation for being imprisoned (Refer to Online Public Service Center of the Public Prosecutors’ Office > Information of Civil Complaints > Information for Procedure of Cases ).
Claim for Order of Compensation- Suppose a victim is involved in a case of assault incurring fatal injury, injury, injury to lineal ascendants, severe injury, severe injury to lineal ascendants, or death resulting from bodily injury. In this case, the victim may claim for order of compensation during the criminal trial process, and even demand for civil remedies of compensation of damages (Refer to Jeju District Public Prosecutor's Office > Report > Bulletin Board > Compensation Order System ).