Overall Criminal Case Procedure

Which step are you at?

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

1. 1Start of Investigation
2. 2Police Investigation
3. 3Referral / Non-referral Decision
4. 4Public Prosecution Office Review and Supplementary Investigation
5. 5Decision on Indictment
6. 6Pretrial Preparation and Trial Dates
7. 7Pronouncement of Judgment
8. 8Appeal and Final Appeal

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

Time required

Each stage of investigation, indictment and trial varies greatly from case to case; ask the investigator, prosecutor's office or trial panel in charge about the time for each stage

Cost

Hiring a defense lawyer costs a retainer fee. If you are sentenced, the court in principle makes the defendant bear all or part of the litigation costs, such as witnesses' travel expenses

Procedure guide

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

1. 1

   An investigation starts when a criminal complaint, accusation or report is filed, or when the investigative agency learns of a crime by itself (인지). The suspect receives a request to appear from the police (a notice telling you to come in for questioning). At this point, first check the summary of the alleged facts and the investigator in charge written on the document (Investigation Rules §19(3)). Before appearing, organize the facts of what happened.

2. 2

   The police question the complainant and witnesses and carry out the suspect interrogation (the police ask questions and the suspect answers). A defense lawyer can take part in this questioning (Criminal Procedure Act §243-2). What you say here is written in a record of statement and stays in the case file (§244), so it is good to plan what you will say in advance. If needed, search and seizure, digital forensics (analysis of phones and computers) and confrontation questioning follow.

   Current step
3. 3

   If the police find the charges are supported, they send the case to a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) (송치, referral); if not, they close it without sending it (non-referral). In the case of non-referral, the complainant is told the reasons within 7 days (§245-6), and the complainant and others may file an objection within 3 months from the day they receive the notice if they find the decision hard to accept (§245-7). If an objection is filed, the case goes to a prosecutor of the Public Prosecution Office, so the procedure can continue even after non-referral.

4. 4

   The prosecutor of the Public Prosecution Office reviews the file sent by the police. If something is missing, the prosecutor asks the police for a supplementary investigation (§197-2), so you may be questioned by the police again. The prosecutor does not interrogate the suspect directly but may hear opinions or receive a written opinion to confirm the facts (§245-13). Note that the Prosecutors' Office was abolished as of 2026.10.2. Investigations are now handled by the police (serious crimes by the Serious Crimes Investigation Agency), and indictment and maintaining the prosecution at trial are handled by prosecutors of the Public Prosecution Office.

5. 5

   The prosecutor decides whether to indict (request a formal trial or request a summary order) or not to indict (no suspicion, suspension of indictment, no right to prosecute, etc.). If you find a summary order (a trial that sets a fine on the documents alone without going to court) hard to accept, request a formal trial within 7 days from the day you are notified (§453). Once this deadline passes, you lose the chance to contest it, so be sure to write down the date you received it. A complainant or accuser may file an appeal against a non-indictment decision (Public Prosecution Office Act §57) within 30 days from the day they receive the notice, and as the next step the complainant may file an application for a ruling (재정신청) with the High Court (§260) within 10 days from the day they receive notice that the appeal was dismissed.

6. 6

   When you are formally indicted, you receive a copy of the indictment. Submit a written opinion within 7 days from the day you receive it (§266-2). The issues for the later trial are organized only if you state in the written opinion what you admit and what you contest. If needed, the issues to be contested are first organized in pretrial preparation proceedings, and then evidence examination, witness examination and defendant examination take place on the trial dates (hearings held in the courtroom). The victim can apply for a compensation order and state an opinion.

7. 7

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

8. 8

   If you find the judgment hard to accept, appeal within 7 days from the date of pronouncement. Then 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 file has been received by the appellate court) from the court (§358, §361-3). Against the appellate judgment, file a final appeal within 7 days and submit the statement of grounds for final appeal within 20 days (§374, §379). Each deadline starts counting from a different day, so it is safer to write the dates down separately.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere can I check what stage my case is at now?

At the police stage, ask the investigator in charge. After the case is sent to the prosecutor, ask the prosecutor's office in charge at the Public Prosecution Office (formerly the Prosecutors' Office). After indictment, ask the court (trial panel) handling the case. Wherever you ask, you will be asked for the case number, so write down the number on your notice.

QHow long does it take from the police investigation to the judgment?

It differs from case to case, so it is hard to give a clear answer. What the law sets is the deadline for each stage.For example, a request for a formal trial against a summary order and an appeal must be made within 7 days. Ask the investigator, prosecutor's office or trial panel in charge how long each stage takes.

QWhen should I hire a lawyer? When is a court-appointed defense lawyer assigned?

If you hire a defense lawyer before you appear at the police, the lawyer can take part in the suspect interrogation (the investigative agency questioning the suspect). What you say in the interrogation is written in a record of statement and stays in the case file. A court-appointed defense lawyer (국선변호인, a lawyer chosen by the state) is appointed by the court.So one is appointed for the hearing to examine an arrest warrant, for the review of the legality of arrest or detention, and at the court stage after indictment. At other points in the police investigation, only a private lawyer you hire yourself can be with you.

QDoes just a fine give me a criminal record?

Yes, it becomes a criminal record. Once a sentence of a fine or heavier becomes final, it stays in your criminal history record (a so-called criminal record).A suspension of indictment is not a criminal record; it stays only in your investigation history record for a certain period. A suspension of sentence is treated as an acquittal-like dismissal (면소, the case ending without punishment) once 2 years have passed.

QAt what stage is a settlement with the victim most effective?

Crimes such as assault or intimidation that cannot be punished if the victim does not want punishment are called crimes not punishable against the victim's wishes. For these crimes, the victim can state that they do not want punishment until the 1st-instance judgment is pronounced. At the police stage, the case is not sent to the prosecutor on the ground of 'no right to prosecute' (ending the case because it cannot be punished).After indictment, the case ends with a judgment dismissing the prosecution (ending the trial without deciding the merits). For other crimes, a settlement does not end the case.However, it is taken into account, as the relationship with the victim and the circumstances after the crime, when the sentence is decided. So discuss with your defense lawyer when to settle, depending on the crime charged.

QCan my family be questioned or submit documents on my behalf?

You must be questioned yourself. Your spouse, lineal relatives or siblings can hire a defense lawyer on your behalf. Whether family members can submit documents such as a settlement agreement or a petition for leniency on your behalf should be checked with the investigative agency or court handling the case.