Proceedings
Introduction - Procedures for Trial
In cases where a prosecutor instituted an indictment against a criminal defendant, the court will conduct the trial in the following manner:
- 01. Preparation of and Procedures for Trial
- 02. Submission of Written Opinion
- 03. Inspection and Copying of Evidence
- 04. Criminal Defendant’s Right to Remain Silent
- 05. Identification Question
- 06. Opening Statement of the Prosecutor
- 07. Opening Statement of Criminal Defendant
- 08. Presiding Judge’s Organization of Issues and Other Matters
- 09. Examination of Evidence
- 10. Examination of Criminal Defendant
- 11. The Prosecutor’s Proposal of Punishment and the Criminal Defendant’s Pleadings
- 12. Closure of Pleadings and Pronouncement of Judgment
Preparation of and Procedures for Trial
When a trial has been instituted, the court shall serve the criminal defendant or his/her defense counsel with a copy of the bill of indictment, designate/modify the hearing date, and if required, may put a case to prepatory proceedings for trial.
In the prepatory proceedings, the court may order the prosecutor, criminal defendant, or his/her defense counsel to prepare their arguments, a plan for proving, and other matters in writing. And for the purpose of clarifying the issues and discussing the arguments from the prosecutor, the criminal defendant, and the defense counsel, the court may hold prepatory proceedings after considering the opinions from the prosecutor, the criminal defendant, and the defense counsel.