Table of Petitions Procedures for Businesses Operated by the Prosecutors' Office
- Publication Date:
- Last updated:2024-08-22
- View count:1512
Petition for |
For a certificate to show the completion of execution |
For returning the bail |
For returning evidence and seizure |
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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. |
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Petitioner |
The sentenced person |
1. The guarantor (usually, the bail will be returned after the sentence is executed without the petition.) |
1.Owner, provider |
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Procedure |
1. Written petition |
1.Written petition |
1.Written petition |
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Documents to be attached |
Evidence and documents on completing the execution of the sentence |
A photocopy of the receipt |
Certificate for proof |
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Organization in charge |
This office |
This office |
This office |
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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. |
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Time required for processing |
Immediately, anytime |
Immediately, anytime |
Immediately, anytime |
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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 |
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Petition for |
For combining the sentences to be executed |
For converting an imprisonment to fines |
For suspending (or postponing) the execution of a case |
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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: |
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Petitioner |
1.The sentenced person 2.The legal proxy |
1. The sentenced person 2.The legal proxy. |
The sentenced person the legal proxy, spouse, interested party |
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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 |
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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 |
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Organization in charge |
This office |
This office |
This office |
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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 |
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Time required for processing |
Immediately, anytime |
Immediately, anytime |
Immediately , anytime |
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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. |
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. |
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Petition for |
For an entrusted execution |
For removing the name from the wanted list |
For putting into jail |
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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 |
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Petitioner |
The sentenced person, his or her legal proxy, spouse, interested party. |
1.The wanted criminal 2.Legal proxy |
The sentenced person |
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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 |
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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 |
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Organization in charge |
This office |
This office |
This office |
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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 |
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Time required for processing |
Immediately, anytime |
Immediately, anytime |
Immediately, anytime |
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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 |
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Petition for |
For understanding the progress of a case |
For changing the destination of delivery |
For summoning the witness or the expert witness |
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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. |
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Petitioner |
The complainant or the defendant |
Persons related to the litigation and the litigation parties |
The complainant or the defendant |
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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 |
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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. |
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Organization in charge |
This office |
This office |
This office |
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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 |
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Time required for processing |
Immediately, anytime |
Immediately, anytime |
Immediately, anytime |
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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 |
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 |
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Petition for |
For a change of date to appear |
For a change of jurisdiction |
For withdrawing a complaint |
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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 |
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Petitioner |
The summoned person |
The complainant or the defendant |
The complainant |
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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 |
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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. |
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Organization in charge |
This office |
This office |
This office |
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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 |
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Time required for processing |
Immediately, anytime |
Immediately, anytime |
Immediately anytime |
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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. |
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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 |
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Content |
Petitioning for withdrawing the request for reconsideration |
Matters which the petitioner thinks to be necessary |
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Petitioner |
The complainant |
A complainant, victim, defendant, interested parties |
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Procedure |
Presenting a written petition |
Presenting a written petition |
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Documents to be attached |
A written petition carrying the main content of the request |
Statement on the intent |
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Organizationin charge |
This office |
This office |
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Time for |
Between reconsideration |
Before or after the |
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petition |
and closure |
closure of the case |
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Time required for processing |
Immediately, anytime |
Within ten days after accepting the petition |
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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. |
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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