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Gyeongnam Provincial Police Agency

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Information of Criminal Cases Procedure

Complaints

Complaints are made in the act of suing criminals in which the defendant or person related to defendant reports a crime to the Police or Investigation Bureaus for the purpose of requesting punishment for criminals.

Complaints are conducted by the person who holds the complaint rights. Complaints made by those who don't have complaint rights are not valid and cannot sue immediate family of either yourself or your spouse.

Under the Criminal Procedure Code, those who have complaint rights are victims, or the victim's legal representatives, spouses, relatives, or designated representatives. (If there isn't anybody to represent the victim, if requested by the person concerned, the prosecutor can appoint a representative within 10 days)

Complaints can be cancelled before the first verdict is made at the trial. Once cancelled, suing the other party again is no longer valid.

Indictments

Indictments are made in the act of suing criminals in which the outside party, except the person who is suing and the criminal, reports to the Police or the Investigation Bureaus requesting punishment for the criminal.

Any suspects can be indicted, however, immediate family of yourself or the spouses cannot be indicted. The indictment can be cancelled before the first verdict is made at the trial. However, indictment is different from a complaint so you are allowed to repeat the indictment after cancellation.

Petitions and entreaty

Petitions are used when expressing a request by an individual or group that the government or public institute has acted favorably by explanation of a situation.
Entreaty is used when expressing a request by an individual or group that the government or public institute has helped in someway by explanation of a situation. There isn't any regulation for parties concerned, differing from complaints and indictment.

How To Make A Complaint/Indictment/Petitions/Entreaty

It must be presented in front of a prosecutor or a judicial police officer by either written or verbal format.
If any difficulties in appearing at the Police Station, it can be done by mail.

  • Application Acceptance of complaints & Indictment Police Stations, Regional Police Agency, Central Civil Petitions
  • Application Review If obvious civil case, we recommend cancellation or a civil law-suit
  • To summon the plaint iff Research Section of the Investigation Department
  • Request for Attendance of the plaint iff and defendant 3 time
    • If Attendance is Denied by Plaint iff /Defendant locate concemed parties
    • When located, concemed party will be arrested and escorted to Police Station
    • Suspension of indictment, Dispatched to Police Headquarters
    • National Location
    • Plaint iff/Defendant appear at police station and investigate crime
      • Non-restraint order - Sent home send record to the police
      • Prosecution Postponed Indictment Non-indicted(no charges) end of case Simple Indictment, court judgment(Fines)
      • Restraint order - Stand by Application of Prosecution Warrant [Police-within 36 Hours] Prosecution/within 48Hours
      • Assessment by Prosecutor
      • Court Assessment
      • Issue Warrant - Imprisonment
      • Within 10 days - Dispatched Prosecutor
Complaint/Indictment Procedure in details

When a complaint/indictment/Petition/Entreaty is received through the Petition department at the police station, it is then sent to the concerned parties (investigation, detectives, crime prevention, traffic control) and the officer will then be designated for the job.

In case the person submits the petition at the station, according to the civil petition support regulations, the process will begin immediately.

If the plaintiff/defendant do not respond to the summons, they will be investigated of their whereabouts and when found, are asked to be escorted, or if possess proof of crime, arresting will occur.

In order to prevent excess investigation procedures due to irrational complaints or indictments, before accepting the case the police will thoroughly review each case. If the case isn't worth further investigation or obviously inapplicable, it will be denied.

False Applications are immediately dismissed.

Even if the application is submitted personally, the case will be dismissed if it appears non-applicable by the law, and the plaintiff will be notified. The processing period is up to 3 months according to the Criminal Procedure Code. The prosecution of the case will be decided.

Complaint/Indictment Time Limitation

Complaints regarding adultery cannot be made after a period of 6 months following the act, other crimes have no limit. (Personal Accusation period is up to 1 year, if it is categorized under the protection law for victims of sexual crimes.)

Indictment/Petition/Entreaty holds no time limit.

  • Recognition of Criminal Cases-Officer on-duty, Officer in Investigation Department
  • Suspect Arrest-Criminal Arrests, caught in the act Emergency Arrests Warrant Arrests Criminal Arrest with suspended prosecution
  • Dispatched to Investigation Department-Detectives
  • Investigation of the plaintiff-file statement, produce medical certificate
  • Investigation of suspect-file statement, interrogation statement
  • Investigation of evidence-evidence, eye withnesses, file investigation form
    • Non-applicable prosecution
    • If a suspect is not arrested->In the case of the confirmed suspect, the case will be dispatched to the prosecutor with an opinion of suspended prosecution>If a suspect is not confirmed, the important unsolved case, will be dispatched with an opinion of suspended prosecution>Any unsolved insignificant cases,the investigation will continue
    • Actual Assessment of Warranty-Propriety Assessment of Arrest and Prosecution
    • Applicable prosecution-Holding suspect Request an arrest warrant [police within 36 hours] *Prosecutor within 48 hours
    • Prosecutor’s Assessment
    • Court Assessment
    • Imprisonment
    • Dispatch to Prosecutor
Investigation Bureau/Investigations
01. Investigation Bureau
  • Investigation Bureau is defined as a National Institute which has the approved rights to investigate any crimes.
  • Under current laws, investigation institutes consist of prosecutors, judicial police officers who are divided into general judicial police officers and special judicial police officers.
  • General Judicial Police Officers are divided into Judicial Police Officers and Judicial Police Sub-ordinate officers.
  • Judicial Police Officers: prosecutors, Police commissioners(except for commissioner at National Police Agency), Police Superintendent, Police Major, Police Captain, and Lieutenant.
  • Judicial Police sub-ordinate officers: sergeants, corporals, and policemen
    · Special Judicial Police Officers acts on behalf of forestry, maritime affairs, taxation, monopoly, military investigation bureaus.
02. Investigation

Investigation is an activity performed by the investigation bureaus in which a defendant is believed to be guilty by the bureau, which researches, collects and preserves information for preparation for the prosecution.

Beginning of Investigations

If the Investigation Bureau believes that a person is guilty it will commence collecting necessary information and investigate crime and evidence and the judicial police officer will carry out the investigation from approval of the prosecutor.
The beginning of an investigation has no barriers, meaning it can start at any time, such as an arrest, body identification, check points, criminal notification, criminal reports, suspicious rumors, newspaper articles, etc..

Prosecution

When the investigation bureau begins investigating, the term for the criminal case is prosecution, and when the person is prosecuted, the term given is, 'the suspected.' Under the Criminal Procedure Code.

03. Concept of Inspection and Suspects
  • Inspection is an act performed by the Investigation Bureau, on belief of the person ...concerned is a suspect. Without a prosecution, the police investigation begins.
  • A suspect is a person who is suspicious of having committed a crime, but not always definite.
Investigation Procedure
01. Site Mobilization

When a criminal case occurs, the 112 patrol, officers on duty, or detectives immediately go to the crime site and investigate the crime by questioning and estimating crime details, regarding to the crime scene.

02. Arresting Procedures

Arresting Criminals caught at the time of the crime (Semi-arresting criminals caught at the time of the crime included)
Criminals caught at the time of the crime is the criminal who is caught at the exact time of committing the crime or just after. He can be arrested without a warrant, however, if the person arresting is not a prosecutor or a judicial police officer, he will immediately hand over the criminal to the Prosecutor or a Judicial Police Officer.
※ Semi-criminals caught in the act, is not the kind of criminal caught in the act, but is believed to be

  • ① Called the criminal and is on the run
  • ② Believed to hold weapon or dangerous items which is believed to have been used in the crime.
  • ③ Believed to have applicable evidence on the criminals body or on clothing
  • ④ Criminal runs away while being questioned

Emergency Arrests

Emergency arrests are allowed if the suspect is believed to have committed serious crimes, accountable for capital punishment, life imprisonment, or a 3 year prison term or more or is believed to get rid of any evidence or runaway

Arrested by issuing a warrant

If the suspect is believed to have committed a crime, and the suspect isn't responding to a reprimand, a warrant will be issued by a prosecutor and the suspect will then be arrested.

Arresting a suspect with a suspended indictment

  • Wanted criminals can be immediately arrested by a judicial police officer.
  • Wanted Criminals Is a suspect who is believed to have committed a crime accountable for capital punishment, life imprisonment, or a 3 year prison term or more or is believed to get rid of any evidence or runaway A person is issued with a warrant in the case of suspected crimes(If required, a person will become wanted without actually issuing a warrant)
  • Wanted Nominee Is a suspect who is believed to have committed a crime accountable for capital punishment, life imprisonment, or a 3 year prison term or more and is not attended for a request of presence and the person is reported missing.
03. Arrest and Notification of Crime

When a suspect is arrested, they are informed of their rights, such as being represented by a lawyer and the reason for the arrest.

04. Notification of Arrest

In the case of Criminals arrested at the time of the crime, emergency arrests, arrests with a warrant, and arrest with suspended prosecution the lawyer has to be notified within 24 hours, if there isn't any lawyer, the nominated persons by the suspect needs to be notified. (Legal Representative, Spouse, Immediate Family, Siblings, head of family)

05. Process following Arrests
  • Following an arrest, if a suspect is believed to meet the criteria for the arrest, a warrant is requested to the prosecutor within 36 hours, and if the arrest is not necessary the suspect will be released with approval from the prosecutor, and a suspect who is issued with a warrant will be held at the police station for up to 10 days, and the lawyer or representative of the suspect must be notified within 24 hours.
  • Wanted Criminals Is a suspect who is believed to have committed a crime accountable for capital punishment, life imprisonment, or a 3 year prison term or more or is believed to get rid of any evidence or runaway A person is issued with a warrant in the case of suspected crimes(If required, a person will become wanted without actually issuing a warrant)Suspects: The person who is believed to have committed a crime, with reasonable doubt, and who doesn't have a regular abode, or might runaway or destroy criminal evidence.
  • If the suspect fits into the category of no arrest applicable, no suspicion, the category of non-applicable crime, or in the case of no-prosecution right the suspect will be released under the supervision of the prosecutor.
06. Actual Assessment of warrants and propriety assessment of arrest and prosecution procedures.

Actual Assessment of Warrants

  • This means that the suspect can be interrogated by request of the suspect or representing lawyer or the judge.
  • Suspects held for Arrests, emergency arrests or arrested criminals caught during the act, or the representing lawyer, representative, spouse, immediate family, siblings, head of family, or partners can appeal for actual assessment of the warrant to the court.

Propriety Assessment of Arrest and Prosecution

  • This means that the court assess the arrest and the propriety of the arrest and the necessary reasons for being held, and if the arrest and prosecution is against the law, the judge will release the suspect.
  • Suspects held for Arrests, emergency arrests or arrested criminals caught during the act, or the representing lawyer, representative, spouse, immediate family, siblings, head of family, or partners can appeal for actual assessment of the warrant to the court.Suspects arrested by warrant or prosecution warrants or by a representing lawyer, representative, spouse, immediate family, siblings, head of family, partners can request to the District Court.
07. The investigation of each case in which the suspect is not arrested.
  • According to the nature and importance of each case, the investigation will resume by delegating the Detective in charge, investigation squad, or the Investigation Headquarters.
  • Case Investigations will be conducted in various ways in order to complete the case quickly with cooperative investigation or suspect or referee investigation, such as, suspect investigation, identification investigation, interrogation, criminal record investigation, identified criminals, stolen goods investigation, and other investigations.
  • The investigation period of criminal cases is valid for a limited period of time. If the suspect has runaway overseas, the time limit will be seized and the suspect will be placed on the wanted category.
08. Case Dispatch
  • When a suspect is arrested, the suspect is later dispatched to the prosecutor with the investigation record along with the entire evidence of the crime.
  • When the suspect is dispatched, the judicial police officer gives his opinion, (prosecution, no-charge, non-applicable crimes, invalid prosecution rights) which is named a dispatch opinion.
  • In the case of Non-arrest of suspect, no-charge, non-applicable crimes, invalid prosecution rights and cases involving suspects that aren't prosecuted, the investigation record and evidence will only be dispatched.

·Out of cases involving suspects that aren't prosecuted, cases with confirmed suspects is dispatched with an opinion of the suspended prosecution and important unsolved cases in which there is no confirmation of a suspect will be dispatched with an opinion of the suspended prosecution and later when the suspect is arrested, the case will resume.
·Out of the unsolved cases involving no confirmation of a suspect, the insignificant crimes are not dispatched to the prosecutor but remain under investigation until the suspect is arrested, and the case will then resume.

Complaints

In the case of General Criminal Cases or Traffic Accidents, if at any time there was any unfair illegal accusations or mistreatment, the case can be appealed and then sent to a higher authority (from Police Stations to Regional Police Agencies). The case will then be reinvestigated by the Regional Police Agencies and the person who made the appeal will be notified with the result.

Indictments

Disobedience of investigation of complaints, indictment and petition cases.

Petitions and entreaty

The investigation will be re-conducted in order to investigate whether or not there has been any unfair decision, and if so, the concerned official party will be investigated on matters concerning bribery or corruption, and the initial investigation bureau will be reprimanded accordingly, and the case will be retried

Inspector Officer in charge in each regional police agency or the investigation appeal center.
Classification & Contacts
Classification Contacts
Investigation Division 055-263-3726

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