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Criminal Justice Portal

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

Commencement of criminal investigation Non-indictment
  • A prosecutor??s decision to not arraign a criminal suspect is referred to as non-indictment or non-indictment disposal. This category includes suspension of indictment, non-suspicion (due to insufficient evidence), non-suspicion (crime not acknowledged), crime not established, no arraignment right, and dismissal.
  • Even though the defendant??s crime is acknowledged, the prosecutor may not arraign him/her in consideration of ?? his/her age, character, behavior, level of intelligence, and/or environment; ?? his/her relationship with the victim; ?? his/her motivation for the crime and the means and result of the crime; and ?? his/her situation after committing the crime (Article 247, Criminal Procedure Act). This procedure is referred to as suspended indictment disposition.
  • In the event that a criminal case is found not to constitute a crime by which to arraign the case, or otherwise does not establish conditions for a suit, or if there is no sufficient reason to suspect that the defendant is guilty of the crime he/she is charged with, disabling the filing of legitimate arraignment, it will be disposed as non-suspicion, a crime not established, and as having no right of arraignment.
  • If a case filed through a letter of complaint or of delation clearly possesses a reason for non-indictment, the prosecution service may dispose of it as non-indictment without investigation, a procedure referred to as disposition of dismissal.
  • A prosecutor who dismisses a case should notify the defendant and the accuser or delator of the dismissal of the case and of the reason for such (Article 258, Section 1, Criminal Procedure Act). When an appeal for reconsideration is filed by the accuser or delator, the latter should explain the reason for such appeal in writing (Article 259, Criminal Procedure Act).
  • In the event that the holder of accusation rights filed an accusation but had it disposed as non-indictment, he may appeal the case to the higher court.
  • In the event that ?? the complaint is dismissed, ?? the case is raised again following a complaint, leading to its investigation, but resulting in the case??s disposal as non-indictment, ?? a complaint is filed and three (3) months have passed without action, or ?? an arraignment was not filed thirty (30) days before the expiry of the prosecution service, the accuser (including the delator, who reported the case due to misfeasance) may file for arbitration for the dismissed case with the higher court that has jurisdiction over the related prosecution service.