Validity of Crimes and Penalties
Validity of Crime and Penalties
- The validity of a crime and penalties shall be determined under the law when a crime is committed (Article 1, paragraph 1 of the Criminal Act).
- Suppose there are changes in the law after the crime was committed, and the new law does not constitute the crime, or if the new law stipulates a lighter sentence than the existing law. In this case, the validity of the crime and penalties shall be determined according to the new law (Article 1(2) of the Criminal Act).
- If there are changes in the law after trial confirmation, and the new law does not constitute the crime, the sentence shall be exempt from execution (Article 1(3) of the Criminal Act).
Scope of Application of the Criminal Act on Crimes of Violence and Injury
Scope of Application of the Criminal Act on Crimes of Violence and Injury
- The Criminal Act of the Republic of Korea applies to Koreans and foreigners who commit crimes of violence or injury within the borders of the Republic of Korea (Article 2 of the Criminal Act).
- The Criminal Act of the Republic of Korea applies to Koreans who commit crimes of violence or injury outside the Republic of Korea (Article 2 of the Criminal Act).
- The Criminal Act of the Republic of Korea applies to foreigners who commit crimes of violence or injury on a Korean vessel or aircraft outside the territory of the Republic of Korea (Article 4 of the Criminal Act).
- The Criminal Act of the Republic of Korea applies to foreigners who commit crimes of violence or injury to a Korean national outside the Republic of Korea. However, the Criminal Act of the Republic of Korea shall not apply if a person committed a crime in a place where the law does not constitute the corresponding act as a crime or exempts the execution of an impeachment or sentence (Article 6 of the Criminal Act).
※ Definition of Legal Terms
Impeachment: To file a lawsuit.
< Source: Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003>