Remitting a Case
Case Remitted by the Judicial Police Officer
- 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 Public Prosecution (Indictment)
What does filing public prosecution mean?
- “Filing public prosecution” refers to the prosecutor’s act of procedure to request the court to judge the criminal case (Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003).
Public Prosecution Filed and Canceled by the Prosecutor
- Deciding Whether to File the Public Prosecution
· The prosecutor may file the public prosecution to a higher court after deciding whether or not to file the prosecution (Article 246 of the Criminal Procedure Act).
· For accused or charged criminal cases, the prosecutor shall decide whether to file public prosecution after completing the investigation within three months after accepting the filed complaint or charge.
- How to File Public Prosecution
· The prosecutor submits a written indictment indicating ① any ID information of the suspect, including his/her name, ② name of crime, ③ whether prosecution has been filed, and ④ related Acts and subordinate statutes (Article 254, paragraphs 1 and 3 of the Criminal Procedure Act).
- Canceling the Filed Public Prosecution
· The prosecutor may cancel the filed prosecution by submitting the reason for prosecution cancellation in writing before the first trial’s judgment has been declared (Main Text of Article 255, paragraphs 1 and 2 of the Criminal Procedure Act).
· However, the prosecutor may cancel the filed prosecution orally in court (conditions of Article 255, paragraph 2 of the Criminal Procedure Act).
Notification of Filing the Public Prosecution
- For public prosecution filed for an accused or charged case, the prosecutor shall notify the accuser or informant in writing about his/her intention of taking measures within seven days after filing the prosecution (Article 258, paragraph 1 of the Criminal Procedure Act).