Proceedings
Criminal procedure- In general
Summary order
Proceedings
Introduction - Summary order
The summary trial is for minor offenses which may result in punishment of fine. In proceedings, the court reviews only records and reports on the case without conducting formal proceedings. The court's judgment followed by the review is summary order. The summary trial expedites the criminal trial, it also helps defendants concerned lessen the psychological stress and cut expenses to carry out formal trials.
The application for summary order
The cases, subject to summary order, are minor offences which could be punished with fine or seizure. The prosecutor may apply for summary order for a case in writing when filing a lawsuit against it.
Summary proceedings
If the prosecutor applies for summary order, the court decides the case without having a formal trial after reviewing the records. However, if the court finds that the case shall not be handled through summary proceedings as it involves a felony or serious crime, or requires to hear arguments, the court may proceed by trials. If the judge orders the summary order, the copy of the order is served to both the prosecutor and the defendant. Generally, the summary judgment becomes final seven days after the defendant receives the judgment and does not appeal against the order. The summary order carries the same legal effect of the court's judgment.
Application for formal trial
The defendant who is dissatisfied with the summary order could apply for formal trial to the court. Prosecutor, defendant and anyone who is legally permitted could file an appeal on behalf of the defendant (e.g., spouse, lineal relatives or siblings of the defendant, or legal representative).
The defendant shall apply for formal trial to the court which renders the summary order within seven days from the order is served. When the defendant applies for formal trial, the court shall not impose any type of punishment heavier than the punishment imposed by the summary order.
Formal trial claim on summary order
The summary order becomes final if the defendant does not apply for formal trial within seven days from the day of receiving the summary order. However, the defendant may claim formal trial only when there are uncontrollable reasons for which the defendant or any legal representative is not able to file the application for formal trial. To file an application for formal trial, reasons to request formal trial shall be submitted to the court of summary order. When the formal trial claim is accepted by the court, a new case number is issued and the trial chamber where the case is assigned will hear the case following formal proceedings.