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KICS - KOREA INFORMATION SYSTEM OF CRIMINAL-JUSTICE SERVICES

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Criminal Justice Portal

  • What is a criminal justice portal?
  • What is a criminal case?
  • Criminal case procedures
  • Electronic summary proceedings?
  • Work by agency
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Criminal case procedures

Commencement of criminal investigation Trial
  • Legal acts carried out by the court or judges are referred to as trial, and trial is categorized into judicial decision, determination, and order.
  • The court holds a trial to deliberate on whether a defendant, as prosecuted by the prosecutor, is guilty or not guilty. If the defendant is found guilty, the court hands down a judicial decision to impose a punishment on him/her. This judicial decision is the most important type of trial.
  • A trial is a procedure that is carried out to deliberate on an indictment or charge. It is openly conducted in a judicial court prepared by the court on the trial date. The defendant may state his/her opinions during the trial procedure, and may solicit an attorneys?? help.
  • The trial procedure begins with an identification interrogation by the judge, in which the latter asks the defendant what his/her name, age, etc. are after the judge notifies the defendant of his/her right to refuse to issue any statement. The procedure then proceeds in the following order: (1) the prosecutor delivers an opening statement; (2) the defendant delivers an opening statement; (3) the judge asks questions and examines the evidences to arrange the points of the arguments; (4) the prosecutor interrogates the defendant; (5) the defense attorney questions the defendant; (6) the judge questions the defendant; (7) the prosecutor states his/her opinions regarding the case (demanding the imposition of a penalty); (8) the defense attorney delivers a plea; and (9) the defendant issues a final statement. After this entire procedure, the judge finalizes the pleas and issues a judicial decision or sentence.
  • The victim or his/her legal proxy (if the victim has died, his/her spouse, immediate family member, or sibling) may request the court to give him/her an opportunity to issue a statement. When such request is made, the court must give the victim or his/her legal proxy, spouse, immediate family member, or sibling an opportunity to issue a statement regarding the degree of the damage the victim incurred due to the crime, the results of the crime, his/her opinion regarding the punishment that the defendant deserves, and other related opinions, while questioning the victim or his/her legal proxy, spouse, immediate family member, or sibling as a witness. In the event, however, that ?? during the trial procedure, sufficient statements on the related case have been made and no further statement is deemed necessary, and ?? allowing the victim or his/her legal proxy, spouse, immediate family member, or sibling to issue a statement is feared to significantly delay the trial procedure, the judge may opt not to question the victim or his legal proxy, spouse, immediate family member, or sibling as a witness. If there are several applicants for the issuance of a statement, the judge may limit the number of people who will be allowed to issue a statement.
  • The presiding judge hands down a sentence or judicial decision on the day of finalization of the pleas or on a separately defined date. The types of judicial decision on criminal cases include decision of guilt, acquittal, acquittal by a public action, and dismissal of indictment. When making a decision of guilt, the judge may decide to suspend the execution of the punishment, to suspend sentencing, or to exempt the convicted person from the imposition of a punishment.
  • In the case of a criminal trial, according to the seriousness of the case, a single judge or a panel of three judges conducts the trial.
  • A complaint or a final appeal should be lodged within seven (7) days of the issuance of a judicial sentence, and the applicant should submit to the court the documents specifying the reasons for such complaint or final appeal within twenty (20) days of his/her receipt of the lawsuit records from the court.
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