The following are a copied
version of the webpage from the Korean Prosecutors Office.
1. Initiation
Investigation is initiated
upon discovery of the possibility that a crime may have been committed. The
ultimate responsibility in all investigative procedures is in the hands of the
prosecutor. Based on evidence collected by prosecutors (or police officers
under the prosecutors' direction), prosecutors assess the validity of the
judgment that a crime has occurred, and take appropriate measures upon this
ascertainment.
2. Booking, Arrest & Detention
Booking denotes the
formation of a criminal case after initiation. An individual subject to
investigation becomes a criminal suspect once a criminal charge has been
determined by the investigation agency. In principle, prosecutors or police
officers must obtain a warrant issued by a judge to arrest a suspect; however,
there exist exceptions to these warrant requirements in cases that necessitate
"Emergency Arrest" and "Arrest of Flagrant Offender". The
prosecutor may detain the arrested suspect with a warrant of detention issued
by the judge upon request by the prosecutor within 48 hours from the time of
arrest. A suspect may request a preliminary hearing prior to detention, and an
arrested or detained suspect may request a review of legality to the court.
Through such process, the suspect may be released.
3. Prosecution
Suspects are indicted in
cases when there is a prosecutor’s decision that such suspects must stand
trial. On the other hand, prosecutors may dismiss a case without indictment.
The ground such as ambiguous location of the suspect, in which case further
proceedings are unfeasible, will lead to a stay of prosecution.
4. Trial and Sentencing
A judge hears trial upon
motions filed by prosecutors. Sentencing occurs when defendants are found
guilty of their charges. The punishment may include death penalty,
imprisonment, fine, etc.
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