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【Amendment to the Code of Criminal Procedure to Adhere to the Spirit of Two International Covenants】Strengthening the Protection of Procedural Right of Parties Concerned and Related Persons

To adhere to the spirit of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the amendment of the Code of Criminal Procedure was promulgated by the President on January 15, 2020. The Articles related to the protection of rights of parties concerned and related persons are as follows:


1. During the arrest with or without a warrant, the arrested shall be immediately informed of the reason for the arrest and his/her relevant rights, so that he/she may seek immediately remedy to the restriction on his/her personal freedom. His/her right to remain silent and right to counsel will be fully protected. (Article 89 of the Code of Criminal Procedure)

2. The discriminatory wording was removed to adhere to the regulations set forth in the People with Disabilities Rights Protection Act. Meanwhile, the court should request assistance from interpreters in order to protect the right of those with hearing impairment, speech impairment or language barriers to access to justice. (Article 99 of the Code of Criminal Procedure)

3. During the trial proceedings at the court, there should be an argument on the sentencing after the facts and oral arguments. Before the argument on the sentencing begins, the court should provide an opportunity for the complainant, the victim or his/her family or any other person allowed to make a statement according to the law to express an opinion regarding the sentencing range. (Article 289 of the Code of Criminal Procedure)

4. The reconsideration period is extended to ten days from seven days, the appeal period is extended to twenty days from ten days, so that the party concerned and the complainant have sufficient time to prepare for the reconsideration and appeal in order to protect their right in seeking remedy. (Article 256, Article 256-1, and Article 349 of the Code of Criminal Procedure)

  • Release Date : 2020-01-15
  • Update : 2021-07-09
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