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
The Prosecutor’s Proposal of Punishment and the Criminal Defendant’s Pleadings
After the interrogation of the defendant and examination of the evidence, the prosecutor must provide an opinion as to the facts and the application of the law. In other words, the prosecutor will make a proposal of punishment. The court, however, will not be swayed by the prosecutor’s proposal of punishment. After the presiding judge hears the opinion of the prosecutor, he/she will give the defendant and the defense counsel an opportunity to offer a final statement.