Deferred prosecution system

• Publication Date： 2019-12-25
• Last updated：2024-07-01
• View count：2353

1. What is a deferred prosecution?
   According to Article 253-1 of the Code of Criminal Procedures, if an accused has committed an offense other than those punishable by the death penalty, life imprisonment, or a minimum term of imprisonment for not less than three years, the public prosecutor (after considering the matters specified in Article 57 of the Criminal Code and the maintenance and protection of public interest) deems that a deferred prosecution is appropriate, he may make a ruling to render a deferred prosecution by setting up a period not more than three years and not less than one year thereof, starting from the date the ruling of deferred prosecution is finalized.
2. Basis
   【The key operating points for the prosecutor office's handling of deferred prosecution】.
3. Matters that shall be ordered to be complied with in connection with deferred prosecution (Article 253-2 of the Code of Criminal Procedure)
   As the deferred prosecution handler, the prosecutor may order the defendant to observe or perform the following items within a certain period:
   1. Apologize to the victim.
   2. Write a penitence letter.
   3. Pay the victim an appropriate sum, as compensation for property or non- property damages.
   4. Pay a certain sum to the government treasury, public welfare organizations, or local self-governing bodies.
   5. Provide more than 40 hours and less than 240 hours of voluntary services to designated public welfare organizations, local self-governing bodies, and communities.
   6. Complete addiction treatment, psychotherapy, psychological counseling, or other appropriate intervention measures.
   7. Give orders as necessary for the protection of the victim's safety.
   8. Give orders as necessary for the prevention of recidivism.