Code of Criminal Procedure

When a public prosecutor, the defendant or the defense counsel requests the examination of the recorded statement documents of a person other than that defendant, which have been prepared by the person based on an agreement under Article 350-2, paragraph (1), or in or on which statements made by the person based on an agreement under the same paragraph have been recorded and taken down in writing or recorded, or a court decides to examine those documents ex officio, the public prosecutor must request the examination of the statement of agreement, etc. without delay. In this case, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis.

When a public prosecutor, the defendant or the defense counsel requests the examination of a witness or a court decides to examine a witness ex officio, and there is an agreement with the person who is to be the witness under Article 350-2, paragraph (1) with regard to the witness's examination, the public prosecutor must request the examination of the statement of agreement, etc. without delay. In this case, the provisions of Article 350-7, paragraph (3) apply mutatis mutandis.

When there are any of the grounds set forth in the following items, the person provided in that item may pull out of an agreement under Article 350-2, paragraph (1):

when the party to the agreement under Article 350-2, paragraph (1) violates the agreement, the other party to the agreement;

on the following grounds, the defendant:

when a public prosecutor requests the addition, withdrawal or alteration of a count or an applicable penal statute based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (d) of the same paragraph, and a court does not approve the request;

when a court, with regard to the case in which a public prosecutor has stated an opinion to the effect that the specific sentence should be rendered to the defendant, in the statement of opinions pursuant to the provisions of Article 293, paragraph (1), based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (e) of the same paragraph, renders a sentence heavier than that sentence;

with regard to the case for which a public prosecutor has filed a petition for expedited trial proceedings based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (f) of the same paragraph, when a court renders a ruling to dismiss the petition (only on the grounds that it falls under the case set forth in Article 350-22, item (iii) or (iv)), or revokes the ruling under Article 350-22 on the grounds that it comes to fall under Article 350-25, paragraph (1), item (iii) or (iv) (with regard to item (iv), except when it falls under the same item due to a statement made by the defendant, which is contrary to or substantially different from the statement that the defendant is guilty for the count written in the charging sheet);

with regard to the case for which a public prosecutor has filed a request for a summary order based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (g) of the same paragraph, when a court decides to try the case in accordance with regular provisions pursuant to the provisions of Article 463, paragraph (1) or (2), or the public prosecutor requests a formal trial pursuant to the provisions of Article 465, paragraph (1); or

on the following grounds, a public prosecutor:

when it becomes clear that the content of a statement made by a suspect or the defendant during a consultation under Article 350-4 with regard to another person's criminal case is not true; or

in addition to those set forth in item (i), when it becomes clear that the content of a statement made by a suspect or the defendant based on the agreement under Article 350-2, paragraph (1) is not true, or evidence submitted by a suspect or the defendant based on the agreement under the same paragraph is a counterfeit or an altered article.

The party to an agreement shall pull out of the agreement pursuant to the preceding paragraph by notifying the other party to the agreement that the party is to pull out of the agreement, in a document or electronic or magnetic record stating or recording the reasons; provided, however, that this notification by means of an electronic or magnetic record to a suspect or the defendant may not be given if the person receiving it has an objection.

With regard to the case in which a public prosecutor has made a disposition not to institute prosecution based on an agreement under Article 350-2, paragraph (1), pertaining to item (ii), (a) of the same paragraph, if a decision under Article 39-5, paragraph (1), item (i) or (ii) of the Act on Committee for Inquest of Prosecution or a decision for institution of prosecution under Article 41-6, paragraph (1) of the same Act is made, the agreement ceases to be effective.

In the case of the preceding Article, even when prosecution is instituted for the case pertaining to the decision, the statement made by the defendant during a consultation under Article 350-4, evidence obtained by the act of the defendant based on the agreement and evidence obtained based on the statement or evidence may not be used as evidence in the defendant's criminal case.

The provisions of the preceding paragraph do not apply in the following cases:

when it becomes clear that any act performed by the defendant before the decision provided in the preceding Article is made violates the agreement, or the case comes to fall under the grounds set forth in Article 350-10, paragraph (1), item (iii), (a) or (b);

when any act made by the defendant as it is based on the agreement or during the consultation falls under a crime under Article 350-15, paragraph (1), or Article 103, 104, 169 or 172 of the Penal Code, or a crime under Article 7 of the Organized Crime Punishment Act pertaining to the person set forth in the provisions of paragraph (1), item (i) or (ii) of the same Article, and is used in the case involving the crime; or

when the defendant does not object to use as evidence.

If a public prosecutor, in violation of the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (a) through (d), (f) or (g) of the same paragraph (with regard to the agreement pertaining to (c) of the same item, limited to that made to the effect that prosecution is instituted using the specific count and applicable penal statute), institutes prosecution, does not withdraw prosecution, institutes prosecution using a different count and applicable penal statute, maintains prosecution without requesting the addition, withdrawal or alteration of the count or applicable penal statute, or with requesting the addition or withdrawal of a different count or applicable penal statute or the alteration of the count or applicable penal statute to a different count or applicable penal statute, or institutes prosecution without filing a petition for expedited trial proceedings or a request for a summary order at the same time, a court must render a judgment to dismiss the prosecution.

If a public prosecutor requests the addition or alteration of a count or an applicable penal statute in violation of an agreement under Article 350-2, paragraph (1), pertaining to item (ii), (c) of the same paragraph (limited to that made to the effect that prosecution is maintained using the specific count and applicable penal statute), a court must not approve the request notwithstanding the provisions of Article 312, paragraph (1).

When a public prosecutor violates an agreement under Article 350-2, paragraph (1), a statement made by the defendant during a consultation under Article 350-4 and evidence obtained by the act of the defendant based on the agreement may not be used as evidence.

The provisions of the preceding paragraph do not apply when the defendant does not object to use as evidence for the defendant's criminal case, and when a person other than that defendant does not object to use as evidence for the person's criminal case.

A person who has made a false statement or submitted evidence that is a counterfeit or an altered article to a public prosecutor, a public prosecutor's assistant officer or a judicial police official in violation of an agreement under Article 350-2, paragraph (1) is punished by imprisonment for not more than five years.

When a person who has committed the crime under the preceding paragraph confesses before both judgments on another person's criminal case and the person's criminal case pertaining to the agreement become final and binding, the confession may lead to the punishment being reduced or exculpate the offender.