Criminal Trial Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Institution of Prosecution
2. 2Service of the Copy of the Indictment
3. 3Submitting the Written Opinion and Inspecting Evidence
4. 4Pretrial Preparation Date
5. 5Trial Date - Opening Procedure
6. 6Examination of Evidence and Witnesses
7. 7Defendant Examination and Closing Arguments
8. 8Pronouncement of Judgment
9. 9Appeal and Final Appeal

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

It depends on the case. In detention cases, the 1st-instance detention period is up to 6 months, renewed twice by 2 months each

Cost

Defense lawyer's retainer fee (a court-appointed defense lawyer may be appointed). If found guilty, you may have to bear the litigation costs.

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   The trial begins when a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) files the indictment with the court. If the case is eligible for a citizen participation trial (a trial in which ordinary citizens take part as jurors), the court checks whether the defendant wants a participation trial. The type of trial is decided at this point, so it is good to decide together with your defense lawyer.

2. 2

   The court sends the defendant a copy of the indictment, a written opinion form and information on appointing a court-appointed defense lawyer (Criminal Procedure Act §266). When you receive the indictment, read the facts charged and sort out what you admit and what you contest. This sorting is the basis for the written opinion and your later defense strategy.

   Current step
3. 3

   Submit a written opinion within 7 days from the day you receive the copy of the indictment (§266-2). The defense lawyer inspects and copies the evidence records of the Public Prosecution Office to plan the defense strategy, and decides carefully whether to consent to the prosecution's evidence. This is because documents you consent to can become evidence (§318(1)), and consent cannot be withdrawn after the examination of evidence is finished (Supreme Court 96Do2507).

4. 4

   In cases with complex issues, a pretrial preparation date is used to sort out what will be contested and what evidence will be examined, and to confirm whether you consent to the evidence (§266-5). Narrowing the issues in advance lets the main trial focus on those points.

5. 5

   A trial date begins with the identity questioning (confirming the defendant is who they say they are), the prosecutor's reading of the facts charged, and the opening statements of the defendant and defense lawyer (a first statement saying whether the facts charged are admitted) (§284 to §296-2). Then the documentary evidence and physical evidence requested by the prosecutor and defense lawyer are examined and witnesses are questioned. For a witness statement record that the defense did not consent to, the original declarant (the person who made the statement) is called as a witness to confirm that it was recorded as stated (§312(4)), and a suspect interrogation record of the defendant prepared by the police becomes evidence only if the defendant admits its content (§312(3)).

6. 6

   After the defendant examination, the prosecutor's sentencing request (the punishment the prosecutor asks for), the defense lawyer's closing argument and the defendant's final statement follow, and the arguments are closed (§302, §303). Submit sentencing materials (materials considered when deciding the sentence), such as a settlement agreement, deposit certificate and letter of apology, before the closing of arguments. The judge takes into account circumstances after the crime and other factors when deciding the sentence (Criminal Act §51).

7. 7

   In principle, the judgment is pronounced on the day arguments are closed. If a separate pronouncement date is set, the judgment is pronounced within 14 days after closing (§318-4). If a prison sentence is pronounced, you may be taken into custody in the courtroom right away (court arrest), so prepare for this possibility before the pronouncement date.

8. 8

   If you find the judgment hard to accept, submit a petition of appeal within 7 days from the date of pronouncement, and submit a statement of grounds for appeal within 20 days from the day you receive the notice of receipt of the trial record (a notice that the appellate court has received the file) (§358, §361-3). If you miss the 20 days, the appeal may be dismissed (§361-4(1)), so be sure to write down the date you received the notice.

Frequently asked questions

Practical questions that come up right away in this procedure.

QI received the indictment. Do I really have to submit a written opinion within 7 days?

The law requires you to submit a written opinion within 7 days from the day you receive the copy of the indictment. In the written opinion, state whether you admit the facts charged, your opinion on the pretrial preparation proceedings and so on.If you refuse to make a statement, you can submit a note to that effect. The defense lawyer may submit it instead of the defendant.

QHow do I apply for a court-appointed defense lawyer, and how much does it cost?

When a prosecution is brought, the court informs a defendant without a defense lawyer in writing that they can request the appointment of a court-appointed defense lawyer, among other things. Check how to apply and the costs with the court handling the case.However, if you are found guilty and sentenced, you may have to bear the court-appointed defense lawyer's fee as part of the litigation costs. In some cases one is appointed even without an application: when the defendant is detained, is a minor or is 70 or older, has impairments in both hearing and speech, or is suspected of a mental disability.The same applies to cases punishable by death, life imprisonment, or imprisonment with or without labor for a minimum of 3 years or more. When applying on grounds such as financial hardship, submit materials explaining the reason.

QDo I have to go to the trial in person?

In principle, the trial cannot be held if the defendant does not appear. However, in cases punishable by a fine of KRW 5,000,000 or less or a minor fine, you do not have to appear and may send a representative. In cases such as those punishable by imprisonment with or without labor for a maximum of 3 years or less, you can apply for permission not to appear.Even then, you must appear for the identity questioning (the procedure to confirm who you are) and on the pronouncement date. If you do not appear without a good reason, a detention warrant may be issued.If a defendant who requested a formal trial against a summary order fails to appear twice, the judgment may be given without the defendant. So if your schedule clashes, apply in advance to change the date.

QHow many hearings are held, and is the result given on the first day?

On the first date, the court checks whether you admit the facts charged and whether you consent to the evidence. The judgment is pronounced on the day arguments are closed or on a separately set pronouncement date.The pronouncement date is set within 14 days after the closing of arguments. The trial panel decides how many hearings will be held depending on the case, so follow the trial panel's guidance on the next date.

QCan my family observe the trial? How do I get the written judgment?

Yes, family members can observe. This is because hearings and judgments are, in principle, open to the public. After the pronouncement, the defendant and other parties to the proceedings can get the judgment by applying to the court's civil service office for a certified copy of the judgment (issuance of a copy of the judgment).A set fee is paid for this. If you are considering an appeal, apply right after the pronouncement.

QCan I stand trial alone without a lawyer?

You can stand trial alone. However, there are cases in which the trial cannot be held without a defense lawyer.These include when the defendant is detained, is a minor or is 70 or older, and cases punishable by imprisonment with or without labor for a minimum of 3 years or more. In these cases the court appoints a court-appointed defense lawyer.Cases in which you do not consent to the evidence, or that involve witness examination or legal disputes, are hard to handle alone. If it is hard to hire a private lawyer, you can request the appointment of a court-appointed defense lawyer.