Proceedings
Criminal procedure- In general
Trial procedure
Proceedings
Introduction - Procedure for court proceedings
In conjunction with the prosecution’s indictment of the defendant, the court proceeds with the trial as follows
- 01. Trial preparations
- 02. Submittal of opinions
- 03. Perusal and making copies of evidences
- 04. The defendant’s right to refuse to make a statement
- 05. Ascertaining the defendant’s identity
- 06. The prosecution’s opening statement
- 07. The defendant’s opening statement
- 08. The chief judge’s arrangement of the points in question
- 09. Investigation of evidence
- 10. Examination of the defendant
- 11. Statement of the prosecutor’s opinion on the punishment and the defendant’s pleadings
- 12. End of pleadings and the court’s announcement of the judgment
Perusal and making copies of evidences
Either party to the lawsuit may acquire evidential materials kept by the other party either via the perusal or reproduction of evidences prior to the first session of the trial. Either party to the lawsuit may ask the court to allow it to peruse or reproduce a document kept by the other party in the event that the other party refuses to allow it or limits the scope of perusal or reproduction or the prosecution does not serve a notice of refusal within 48 hours of the application. In such a case, the court may accept the request if it is found to be reasonable. If a party to a lawsuit fails to execute the court’s decision on the perusal, reproduction or distribution of a document kept by the other party immediately, it cannot apply for the use of the relevant witness and document as evidence.