Introduction - Prosecution
Request for prosecution, or “indictment” for short, is when the prosecutor seeks a guilty verdict from the court with respect to a particular defendant’s crime. If the prosecutor’s investigation reveals a suspicion of crime being committed and if there is a reason to punish, the prosecutor may request the suspect to be indicted.
Effect of indictment
When the accused is indicted, the case turns from a case involving an accused into one involving a defendant. The court has the authority and duty to decide such a case and the prosecutor and the defendant must subject themselves to the judgment of the court as parties to the action.
No duplicate indictments may be made with regards to a case that has already been indicted. If a person is indicted twice at a court for the same offense, the duplicate indicted is dismissed by a court order.
Upon indictment, the statute of limitation is tolled.
Method of indictment
Indictment is made upon the submission of indictment to the court of competent jurisdiction; it cannot be done orally.
The following must be indicated in the indictment:
① Name of the defendant, and other particulars to identify the defendant
② Criminal offense
③ Fact of indictment
④ Application of law
⑤ Whether defendant is detained or not