main_menu
Commencement of criminal investigation
Click on each stage to view the details.
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
Indictment
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
- South Korea implements a criminal case state prosecution service system, by which criminal cases are filed by public prosecutors (Article 246, Criminal Procedure Act). A prosecutor??s referral of a suspect to the criminal justice system is called indictment, and the indicted person is called defendant.
- In addition to the regular indictment procedures, summary proceedings are prescribed under the law, which are proceedings by which, without the defendant undergoing a public trial, a summary order is issued to the effect that the defendant is sentenced to a fine or penalty, or to forfeit. It is also called summary indictment (Article 448, Criminal Procedure Act). A prosecutor files an indictment application against the related fine, penalty, or forfeit case and subsequently claims a summary order.
- If the judge believes that the claimed summary order is inadequate or inappropriate for the case concerned, he/she shall order that the defendant undergo a public trial (Article 450, Criminal Procedure Act).
- The defendant who receives a summary order may request in writing for a regular trial from the applicable court within seven (7) days after receiving the notice of the summary order issuance (Article 453, Criminal Procedure Act). After requesting for a regular trial, the defendant may also cancel such request before the first decision on such is made (Article 454, Criminal Procedure Act).
