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
Examination of Criminal Defendant
After the examination of evidence is completed, the criminal defendant may be questioned about the facts charged and circumstances. If deemed necessary, the presiding judge may permit such examination even before the examination of evidence is completed.
The prosecutor questions the criminal defendant first, followed by the defense counsel and then the presiding judge. However, whenever deemed necessary, the presiding judge may examine the defendant and also change the order of examination.