Criminal 07Criminal Deposit
Criminal Deposit Procedure
When you cannot reach a settlement with the victim, this procedure lets you leave compensation money with the court (deposit) to show remorse and your wish to restore the damage. Before pronouncing the judgment, the court hears the victim's opinion on the deposit.
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Select your current step and the content for that step will appear below.
Process flowchart
Click a box to see its explanation below.
- Basic step
- Additional action / option
- Rejection / objection
- End of procedure
Preparing the Criminal Deposit Form
Basis: Deposit Act §5-2, Deposit Rules §82
Select criminal deposit as the type of deposit and state the case number, the trial panel, the victim's name as written in the indictment, records or other documents (including a pseudonym), and the facts giving rise to the deposit (when the damage occurred and the nature of the obligation) (Deposit Act §5-2(2), Deposit Rules §82).
Next: Preparing and Submitting Attached DocumentsExplanation
A criminal deposit (leaving compensation money with the court) is a procedure used after indictment when the victim's personal details (address, etc.) cannot be found. It is made to show your wish to restore the damage when a settlement or a general deposit is difficult.On the deposit form, write the case number, the trial panel, information that can identify the victim, and the reason for depositing the money. Do not write the victim's address or resident registration number. Instead, the victim is identified by the name written in the indictment or other documents (including a pseudonym) and the case number.
- Time required
- After the deposit money is paid, the public notice is posted by the next day unless there are special circumstances
- Cost
- Deposit money (no deposit application fee is set in the Deposit Act or Deposit Rules; payment to an account is requested by the depositor at their own expense)
Procedure guide
Read from start to finish in order. Red text marks deadlines set by law.
- 1
After indictment, if a general deposit is difficult because you cannot find the victim's personal details (address, resident registration number, etc.), you can make a deposit (leaving money with the court deposit office) by identifying the depositee (the person to receive the money) through the victim's name written in the indictment or other documents (including a pseudonym) and the court and case number, instead of the victim's address. This system is based on Deposit Act §5-2 (special rules on criminal deposits).
- 2
Select 'criminal deposit' as the type of deposit and prepare the criminal deposit form, stating the case number, the trial panel, the victim's name as written in the indictment or other documents (including a pseudonym), and the facts giving rise to the deposit (when the damage occurred and the nature of the obligation). Money once deposited cannot be taken back without the victim's consent to withdrawal, a notice of refusal to receive, or the like (Deposit Act §9-2(1)), so decide the deposit amount carefully, weighing the extent of the damage.
- 3
Attach a copy of the indictment, a document proving that the case is in progress (such as a notice of the trial date) and a document confirming that the victim's personal details cannot be found (Deposit Rules §83), and submit them to the deposit office in the area of the court where the criminal case is in progress. A criminal deposit can be made only in cases being tried, so this proof is needed.
Current step - 4
The deposit officer examines whether the requirements for a criminal deposit are met, such as whether the case is in progress and how the victim was identified. If the requirements are lacking, you are advised to correct them, and if you do not, the deposit is not accepted. Once it is accepted and the deposit money is paid, the fact of the deposit (case number, deposit amount, etc.) is posted on the electronic deposit website by the next day (Deposit Rules §84).
- 5
Pay the deposit money to the deposit custodian (the bank that keeps the deposit money) and print the deposit certificate. This is the document to submit to the trial panel.
- 6
Submit a copy of the deposit certificate to the trial panel as sentencing material (material considered when deciding the sentence). The deposit officer also notifies the court and the prosecution of the deposit (Deposit Rules §85), but it is good to submit it directly as sentencing material. Before pronouncing the judgment, the court must hear the victim's opinion on the deposit (Criminal Procedure Act §294-6).
- 7
The trial panel decides the sentence taking into account circumstances after the crime and other factors (Criminal Act §51). Before pronouncing the judgment, the court must hear the victim's opinion on the deposit (Criminal Procedure Act §294-6), so make the deposit with enough time to spare, not right before pronouncement. Also, the deposit money cannot be taken back unless the victim consents to withdrawal or gives notice of refusal to receive, an acquittal becomes final, or the like (Deposit Act §9-2).
Deadlines to keep from now
This procedure has no statutory deadlines.
Preparation and checks
- Organize the history of your attempts to settle with the victim, since it is the background to the deposit.
- Check the case number, the trial panel and the information identifying the victim in the indictment, since they are needed to identify the depositee.
- Prepare attached documents such as a copy of the indictment, the notice of the trial date and a document confirming that the victim's personal details cannot be found.
- Once deposited, the money is hard to get back, so decide the deposit amount by weighing the extent of the damage.
- So that the court can hear the victim's opinion before pronouncement, submit a copy of the deposit certificate to the trial panel with enough time before the closing of arguments.
When you need a lawyer
In cases like these, you need a lawyer's help before making a deposit: the victim refuses to settle or their contact details cannot be found, or you need to decide the deposit amount and timing.
This is because money once deposited cannot be taken back without the victim's consent to withdrawal, a notice of refusal to receive, a final acquittal or the like.
Current position (2/7)
Step 2 · Preparing and Submitting Attached Documents
What to do now
Attach the documents below to the deposit form and submit it to the deposit office of the court where the trial is held. First, you need a copy of the indictment and a document showing that the trial is in progress (such as a notice of the trial date).
Also attach a document showing why the victim's personal details cannot be found (such as restrictions on inspecting and copying the records).
A criminal deposit can be made only in cases being tried, so these documents are needed.
- Prepare attached documents such as a copy of the indictment, the notice of the trial date and a document confirming that the victim's personal details cannot be found.
What comes next
Step 3 · Receipt and Examination
The deposit officer (the court official in charge of deposits) checks the requirements, such as whether the trial is in progress and whether the victim has been properly identified.
Deadlines to keep from now
There are no statutory deadlines in later steps.
When to involve a lawyer
In cases like these, you need a lawyer's help before making a deposit: the victim refuses to settle or their contact details cannot be found, or you need to decide the deposit amount and timing.
This is because money once deposited cannot be taken back without the victim's consent to withdrawal, a notice of refusal to receive, a final acquittal or the like.
Frequently asked questions
Practical questions that come up right away in this procedure.
- QWhere and how do I make a criminal deposit? Can I do it online?
- Submit a criminal deposit form and attached documents to the deposit office of the court where the trial is in progress. For cash deposit cases, you can also apply by electronic document after registering as a user with a certificate on the electronic deposit system. No deposit application fee is set in the Deposit Act or the Deposit Rules.The deposit money is paid to the deposit custodian (a bank). Check the deposit form with the deposit office.
- QHow much should I deposit?
- The law sets no standard. Decide by weighing actual losses such as medical or repair costs and consolation money.Money once deposited cannot be taken back without the victim's consent to withdrawal, a notice of refusal to receive, or the like. So decide after discussing it with your defense lawyer.
- QWhat happens if the victim says they will not take the money?
- If the victim notifies the deposit office that they refuse to receive it, the depositor can withdraw the deposit money. If the victim does not collect it without stating a refusal, the deposit stays as it is. Before pronouncing the judgment, the court hears the victim's opinion on the deposit.The right to receive or withdraw the deposit money expires by prescription if not exercised for 10 years. The deposit money then goes to the national treasury.
- QCan I make a deposit without knowing the victim's name or address?
- Yes, you can. That is the purpose of the special rules on criminal deposits. Instead of the victim's personal details, the person to receive the money is identified by the case number, the trial panel and the victim's designation in the indictment.The deposit notice to the victim is given by the deposit officer posting a public notice on the electronic deposit website. So the depositor does not need to know the victim's information.
- QCan I make a criminal deposit at the police or Public Prosecution Office investigation stage?
- No. A criminal deposit, which identifies the victim by case number, can be made only in cases that have been indicted and are being tried. At the investigation stage, only a general deposit for performance, which requires the victim's name and address, is possible, so before then try to settle through your defense lawyer.
- QCan I make a deposit by myself without a lawyer?
- Yes, you can. Prepare the deposit form with a copy of the indictment, the notice of the trial date and a document confirming that the victim's personal details cannot be found, and submit it to the deposit office.However, money once deposited is hard to get back, and the court hears the victim's opinion before pronouncement. So it is good to discuss it with your defense lawyer, together with the schedule for the closing of arguments.
When you need a lawyer
- Before pronouncing the judgment, the court must hear the victim's opinion on the deposit (Criminal Procedure Act §294-6). So make the deposit with enough time to spare, not right before pronouncement.
- The law sets no standard for the deposit amount, so decide it after discussing with your defense lawyer, weighing the extent of the damage. Money once deposited cannot be taken back without the victim's consent to withdrawal or the like (Deposit Act §9-2(1)).
Related laws
- Deposit Act Article 5-2 (special rules on criminal deposits), Article 9-2 (restrictions on withdrawal of deposited items)
- Deposit Rules Articles 81 to 89 (special rules on criminal deposits)
- Criminal Procedure Act Article 294-6 (cash deposits and hearing the opinions of victims and others)
