Proceedings
Criminal procedure- In general
Instituting Public Prosecution
Proceedings
Introduction - Instituting Public Prosecution
Instituting public prosecution, or “indictment” for short, means when a prosecutor seeks a guilty verdict from the court with respect to a particular criminal defendant’s crime. If the prosecutor’s investigation reveals a suspicion of an offense has been committed and if there is a reason for punishment, the prosecutor may request an indictment.
Effect of Instituting Public Prosecution
When an indictment is instituted, the case turns from a case involving a suspect into one involving a criminal defendant. The court will have the authority and the duty to decide such a case and the prosecutor and the criminal defendant, as parties to the case, must subject themselves to the judgment of the court.
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 indiction is dismissed by a court order.
Upon indictment, the limitation period shall be suspended.
Methods of Instituting Public Proseuction
The institution of public prosecution shall be made by filing a bill of indictment with a competent court. This cannot be instituted orally.
The bill of indictment shall contain following matters:
① The names of the criminal defendants and other matters by which the criminal defendants can be identified;
② The name of the crime;
③ The facts charged;
④ The applicable provisions of Acts;
⑤ Whether the criminal defendants are arrested or not.