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Table of Petitions Procedures for Businesses Operated by the Prosecutors' Office

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  • Last updated:2019-01-03
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Petition for

For a certificate to show the completion of execution

For returning the bail

For returning evidence and seizure

Content

Stating the case number and the fact that the execution of the sentence is completed

The case is established or a prosecutor is appointed to execute the sentence, or the execution is completed.

The case is established or the execution has been completed.

Petitioner

The sentenced person

1. The guarantor (usually, the bail will be returned after the sentence is executed without the petition.)
2. If the guarantor is dead, his or her inheritor.

1.Owner, provider
2.The inheritor of the legacy

Procedure

1. Written petition
2. Oral petition
3. Telephone petition

1.Written petition
2.Oral petition 3.Telephone petition

1.Written petition
2.Oral petition 3.Telephone petition

Documents to be attached

Evidence and documents on completing the execution of the sentence

A photocopy of the receipt

Certificate for proof

Organization in charge

This office

This office

This office

Time for petition

After completing the execution

The case is established or a prosecutor has been assigned to carry out the execution or the execution has been completed.

The case is established or a prosecutor has been assigned to carry out the execution or the execution has been completed.

Time required for processing

Immediately, anytime

Immediately, anytime

Immediately, anytime

Examination standard and results

Issuing a certificate after examination

1. If the petition is accepted after examination, fill a money-returning form in triplicate and inform the petitioner to get back the money. 2.If the bail was ordered by the court, inform the court to return it and notify the petitioner at the same time.

After examination by the prosecutor, inform the petitioner on the return

Petition for

For combining the sentences to be executed

For converting an imprisonment to fines

For suspending (or postponing) the execution of a case

Content

When there are different sentences of different crimes, a petition is made for combination.

In case the verdict says that the imprisonment may be converted to fines, the sentenced person may petition for converting to fines for health, educational, occupational, or family reasons that will make execution obviously difficult.

A petition for suspending (or postponing) the execution of a sentence for one of the following reasons:
1.Insanity 2.Pregnancy over five months
3.Childbirth within two months
4.afflicted with a disease that may endanger the life during imprisonment

Petitioner

1.The sentenced person 2.The legal proxy
3.The spouse

1. The sentenced person 2.The legal proxy.
3. he spouse.
4. A relative.
5.An interested party

The sentenced person the legal proxy, spouse, interested party

Procedure

Petition in writing

Filing a written petition or making an oral presentation during the interrogation by a prosecutor. The presentation shall be recorded.

Presenting a written petition

Documents to be attached

Original copy of verdict

Documents proving that the sentence is difficult to execute, such as: 1. a diagnosis, 2.an in-school certificate, 3.an in-service certificate, 4.household registration booklet.

Household registration booklet or other certificate

Organization

in charge

This office

This office

This office

Time for petition

After the final verdict is made and before the execution of the sentence.

Between the final verdict and the completion of execution

Between the definitive verdict and the completion of execution

Time required for processing

Immediately, anytime

Immediately, anytime

Immediately , anytime

Examination standard and results

1. After examining the case according to law and finding it is consistent with the provisions of Article 50 of the Criminal Code, the prosecutor shall petition the court to combine all the sentences for execution.
2.If the final verdict is made by the high court, it should be submitted the case to the high court prosecutors' office for a decision.

If the prosecutor finds the petition is consistent with the provisions, he or she will immediately notify the petitioner of the approval for converting to fines.

When the prosecutor examines the document and finds the petition is consistent with Article 467 of the Code of Criminal Procedure, he or she will order to suspend the execution before the disappearance of the cause and notify the petitioner accordingly.

Petition for

For an entrusted execution

For removing the name from the wanted list

For putting into jail

Content

To facilitate the sentenced persons to report on his or her availability for execution

The wanted criminal has presented himself or herself, or the cause of listing has disappeared.

A sentenced person asks for execution

Petitioner

The sentenced person, his or her legal proxy, spouse, interested party.

1.The wanted criminal 2.Legal proxy
3.Spouse
4.interested party

The sentenced person

Procedure

Presenting a written petition or making a oral petition during an interrogation, which must be recorded.

Presenting a written petition or an oral petition during Interrogation by the prosecutor. In the latter case, the presentation must be recorded.

Filing a written petition

Documents to be attached

Household registration booklet or other certificate.

1.Certificate for the completion of execution or closure of the case 2.Presenting the evidence to justify the removal from the wanted list (such as death, military service, imprisoned for another criminal case).

1.Original copy of the verdict
2.ID card

Organization

in charge

This office

This office

This office

Time for petition

After the final verdict is made

Completion of execution or the cause for putting on the wanted list has disappeared

After the final verdict is made

Time required for processing

Immediately, anytime

Immediately, anytime

Immediately, anytime

Examination standard and results

If the prosecutor approves the case, he or she will forward the case to the entrusted Prosecutors' office to carry out the execution on his or her behalf and notify the petitioner accordingly.

Removing the name from the wanted list if the prosecutor thinks it's no longer necessary or the cause has disappeared

Putting the sentenced person into jail according to law after the prosecutor has examined all the data

Petition for

For understanding the progress of a case

For changing the destination of delivery

For summoning the witness or the expert witness

Content

Looking into the progress of a case

Changing the destination of delivery

The defendant petitions to summon the witness or the expert witness for his or her own interests or the convenience or investigation.

Petitioner

The complainant or the defendant

Persons related to the litigation and the litigation parties

The complainant or the defendant

Procedure

1.Presenting a written petition 2.Petitioning by telephone

1. Filing a written petition bearing the case number. 2. Presenting an oral petition during the trial, which must be recorded.

1. Presenting a written petition bearing the case number. 2.Making an oral petition during a trial, which must be recorded

Documents to be attached

Documents proving the identity of the complainant or the defendant

The address of the new destination

1.Giving the name, age, address or the witness or expert witness. 2.The fact and item to be witnessed or expert testified.

Organization in charge

This office

This office

This office

Time for petition

Between accepting the case by this office and the end of investigation

After the original destination has changed

Between the accepting of the case and the end of investigation

Time required for processing

Immediately, anytime

Immediately, anytime

Immediately, anytime

Examination standard and results

1.If the case is not closed, the prosecutor will consider necessity before making reply or putting the petition on file
2.If the case is closed, make a reply.

After the prosecutor receives the petition, all messages and documents will be sent to the new destination.

The prosecutor will examine the content of the petition before taking an action

Petition for

For a change of date to appear

For a change of jurisdiction

For withdrawing a complaint

Content

When one is unable to appear on the date fixed by the prosecutor

To avoid travel inconvenience, a petition is made to transfer the case to an appropriate prosecutors' office

The complainant withdraws his or her complaint in a case chargeable only upon complaint

Petitioner

The summoned person

The complainant or the defendant

The complainant

Procedure

Presenting a written petition bearing the case number

Presenting a written petition and giving the reasons

Presenting a written petition or an oral petition during the interrogation by the prosecutor, which must be recorded

Documents to be attached

Giving the reasons and evidence

Evidence showing the need for the change

If the petition for withdrawing the case is made in writing, it shall bear the case number, the name of the defendant and the reason. If it bases on reconciliation, the agreement shall be presented.

Organization in charge

This office

This office

This office

Time for petition

Presenting before the fixed date

Between accepting the case and finishing the investigation

Before the conclusion of argument in the first instance

Time required for processing

Immediately, anytime

Immediately, anytime

Immediately anytime

Examination standard and results

After examining the document, the prosecutor will designate another date if he or she thinks it is necessary.

If the prosecutor thinks it's justified after examination, he or she will report the case to the higher prosecutors' office for an action

1. The prosecutor finds that the petition is consistent with the requirements for filing a withdrawal after the examination, he or she will make a decision of non-prosecution and inform the concerned parties accordingly.
2.If the petition is filed after prosecution, he or she will refer it to the court for an action

Petition for

For withdrawal a petition for reconsideration

For a reply to a complainant, victim, defendant, or other interested parties on other petition of lawsuit

 

Content

Petitioning for withdrawing the request for reconsideration

Matters which the petitioner thinks to be necessary

 

Petitioner

The complainant

A complainant, victim, defendant, interested parties

 

Procedure

Presenting a written petition

Presenting a written petition

 

Documents to be attached

A written petition carrying the main content of the request

Statement on the intent

 

Organizationin charge

This office

This office

 

Time for

Between reconsideration

Before or after the

 

petition

and closure

closure of the case

 

Time required for processing

Immediately, anytime

Within ten days after accepting the petition

 

Examination standard and results

1.If the case is still in this office, the petition will be put on file and the case is over completely.
2.If the case has been forwarded to the high court prosecutors' office, the petition will be sent to the high court prosecutors' office for an action.

If the prosecutor thinks it's necessary to take an action and make a reply, he or she will inform the concerned parties

 

 

 

 

 

 

 

 

 

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