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Commencement of criminal investigation
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Reference : Agreement and deposit
Commencement
of criminal
investigation Closing
through internal investigation Booking Examination of
arrest and
confinement Arrest Interrogation of
a suspect before
detention Detention Non-detention Transfer Non-indictment Indictment Suspension of indictment (testifiers) Trial Suspension of sentence and
stay of execution Execution
of the given
sentence Suspension of execution of punishment
Arrest
of criminal
investigation Closing
through internal investigation Booking Examination of
arrest and
confinement Arrest Interrogation of
a suspect before
detention Detention Non-detention Transfer Non-indictment Indictment Suspension of indictment (testifiers) Trial Suspension of sentence and
stay of execution Execution
of the given
sentence Suspension of execution of punishment
- In the event that there is every reason to suspect that the suspect indeed committed the crime with which he/she has been charged, or that the suspect has not complied with the request for him/her to appear without justifiable reason or is feared not to do so, the suspect may in principle be arrested based on the arrest warrant issued by a judge.
- To get an arrest warrant issued, a judicial police officer should request for such from the prosecutor. The prosecutor then requests the judge to issue an arrest warrant. If no clear reason for arrest is seen, the prosecutor or judge may reject the arrest warrant request.
- In the event that there is every reason to believe that the crime with which a suspect is charged is serious, and that there is no time to get an arrest warrant issued by the judge, an investigative agency may arrest a suspect without an arrest warrant by simply informing the suspect of the reason for his/her arrest. This case is referred to as arrest without warrant. If a judicial police officer has arrested a suspect without an arrest warrant, he should immediately obtain approval thereof from the prosecutor.
- A criminal who is caught in the act of or immediately after committing a crime is called a criminal caught in the act of committing a crime. A criminal caught in the act of committing a crime may be arrested not only by an investigative agency but by anyone else, but if a person other than an investigative agency has arrested a criminal caught in the act of committing a crime, the arresting person should immediately turn over the criminal to an investigative agency.
- To confine an arrested suspect, the investigative agency should request a warrant for confinement from the judge within 48 hours of the suspect??s arrest. If a warrant for confinement is not issued within such period, the suspect should be immediately released.
