Investigation and indictment

The investigation of a criminal case is initiated by the law enforcement officers and the prosecutor. In general rule, the law enforcement officers and prosecutors conduct investigation and question the suspects without being arrested or held in custody. However, under certain circumstances, the investigative authorities can arrest or detain a suspect after they obtain a warrant from a judge. If a suspect is caught in the act of committing a crime or exigent circumstances exist, a warrant may be obtained after arrest. A judge issues a warrant only if a suspect has no fixed dwelling or there are reasonable grounds to believe that a suspect may attempt to flee or to destroy evidence. Criminal proceedings only begin with the indictment of a public prosecutor unless otherwise provided by law unlike the U.S or the UK where the jury or the crime victim may file a complaint against the offender. The public prosecutor may bring a case before the court by summary proceedings when it is deemed that the offense is punishable by fine. In such a case, the judge usually issues the summary order without holding a trial. If the judge deems it inappropriate to issue the summary order, he/she can refer the case to regular trial proceedings. The accused may also request regular trial proceedings within seven days from the date of the notification of the summary order.