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Commencement of criminal investigation
Deposit
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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
Agreement and deposit
Agreement
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
- A person who commits a crime and thereby causes damage to others should appropriately compensate for such consequential damages. Thus, in the process of handling a criminal case, the prosecutor or judge may recommend that the suspect or defendant agree to provide the victim with a certain amount of compensation. If the suspect or defendant so agrees, the prosecutor or judge may consider such agreement and may thus hand down or arrive at a light disposition or decision.
- In essence, however, compensatory damages are a matter of civil procedure and are only a reference for a criminal case, and the investigative agency or the court cannot enforce such compensation. Thus, if the violator does not provide appropriate compensation despite the prosecutor??s or judge??s recommendation, the compensation should be resolved through a civil trial.
- Some victims lodge various civil complaints because investigative agencies or the courts handle criminal cases without arranging compensatory damages. Such victims, however, do not understand the purpose of the law. For compensatory damages, the victim should agree with the violator on the amount of compensation. If a particular amount is not agreed upon, the victim should lodge a civil complaint with the competent court. In the case of certain criminal cases, however, an application for an order of compensation may be filed so that even a civil case can be handled.
- A victim in a criminal case may want to issue a statement to the full bench to the effect that the criminal should be severely punished or leniently treated. Under the Criminal Procedure Act, upon the victim??s request, the court shall, except in special cases, adopt the victim as a witness and allow him/her to state his/her opinions on the case.
- In a criminal case, if the violator cannot reach an agreement with the victim on the amount of compensation to be provided owing to the victim??s excessive request or the violator??s lack of financial ability to provide the requested amount of compensation, the violator may deposit a certain amount of money to express his/her sincerity and to receive a light punishment.
- An applicant should draw up two (2) copies of the deposit statement specifying the details of the deposit made, and should send such copies along with the deposit notice and other necessary documents to the official responsible for deposit at the competent court. The official, upon his/her receipt thereof, investigates all the related circumstances, and if he/she acknowledges the legitimacy of the deposit, the depositor gives the deposit to the responsible official by the due date. This is referred to as a deposit.
