Code of Criminal Procedure

When a public prosecutor finds it appropriate with regard to the case in which the public prosecutor is to institute prosecution taking into account that the details of the factual background of the case are clear and the case is minor, that the examination of evidence is expected to be completed promptly and other circumstances, the public prosecutor may file a petition for expedited trial proceedings in writing upon institution of prosecution; provided, however, that this does not apply to cases punishable by the death penalty, imprisonment for life or imprisonment whose minimum term is not less than one year.

A public prosecutor may not make the petition prescribed in the preceding paragraph without consent from the suspect to the case being tried by expedited trial proceedings.

When a public prosecutor is confirming whether or not the suspect gives the consent prescribed in the preceding paragraph, said prosecutor must do so in writing or by electronic or magnetic record. In this case, the public prosecutor must explain to the suspect the facts which are necessary to have said person understand the expedited trial proceedings (including the fact that, if said suspect does not have defense counsel, said suspect may appoint one pursuant to the provisions of the following Article) and notify said person that they may be tried pursuant to the provisions of regular rules.

When there is defense counsel for the suspect, the petition prescribed in paragraph (1) may be made only when the suspect gives the consent prescribed in paragraph (2) and when the defense counsel also gives consent or reserves giving consent to the case being tried by expedited trial proceedings.

When the suspect gives the consent prescribed in paragraph (2), and when the defense counsel gives or reserves giving the consent prescribed in the preceding paragraph, such opinions must be declared in writing or by electronic or magnetic record.

The documents or electronic or magnetic records prescribed in the preceding paragraph must be attached to the documents prescribed in paragraph (1).

When a suspect who is asked for confirmation under paragraph (3) of the preceding Article is to declare whether the suspect consents to being tried by expedited trial proceedings, and unable to appoint a defense counsel due to indigence or any other grounds, a judge must appoint a defense counsel for the suspect upon request from the suspect; provided, however, that this does not apply when the defense counsel is appointed by a person other than the suspect.

The provisions of Article 37-3 apply mutatis mutandis when a suspect makes the request under the preceding paragraph.

When there is a petition for expedited trial proceedings and there is no defense counsel for the defendant, the presiding judge must appoint the defense counsel ex officio as promptly as possible.

In a case in which expedited trial proceedings have been petitioned, when the public prosecutor is to give the defendant or the defense counsel an opportunity to inspect the documentary evidence (in the case where all or part of the documentary evidence is an electronic or magnetic record, with regard to that electronic or magnetic record, an opportunity to inspect what displays its contents or to view and listen to what reproduces its contents) or other opportunity pursuant to the provisions of Article 299, paragraph (1), the public prosecutor must give the opportunity as promptly as possible.

In a case in which expedited trial proceedings have been petitioned, when the defense counsel reserves consent to the expedited trial proceedings or is appointed after the petition has been filed, the court must ask the defense counsel for confirmation as to whether or not consent is given to the proceedings as promptly as possible.

When a defense counsel gives consent under the preceding paragraph, the consent must be declared in writing.

When a petition for expedited trial proceedings is filed, the presiding judge must, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a trial date after the petition (in the case provided in paragraph (1) of the preceding Article, after the consent under the same paragraph is given) as early as possible.

In a case in which expedited trial proceedings have been petitioned, the court must render a ruling to the effect that the case is to be tried by expedited trial proceedings when the defendant states that the defendant is guilty for the count written in the charging sheet during the proceedings under Article 291, paragraph (6), except for the following cases:

when the consent under Article 350-16, paragraph (2) or (4) is revoked;

in the case provided in Article 350-20, paragraph (1), when the consent under the same paragraph is not given or is revoked;

in addition to those set forth in the preceding two items, when the court finds that it is unable to try the case by expedited trial proceedings; or

when the court finds that the case is inappropriate for expedited trial proceedings.

When there is no defense counsel, the trial for the procedure under the preceding Article and the trial for the expedited trial proceedings may not be convened.

The provisions of Article 284, Article 285, Article 296, Article 297, Articles 300 through 302 and Articles 304 through 307-2 do not apply to the proceedings for a ruling under Article 350-22 and trials subject to expedited trial proceedings.

In expedited trial proceedings, evidence may be examined by means found to be appropriate on the trial date.

If a case in which a ruling under Article 350-22 has been rendered comes to fall under one of the following items, a court must revoke the ruling:

when the defendant or the defense counsel revokes the consent to expedited trial proceedings before the rendition of a judgment;

when the defendant revokes the statement that the defendant is guilty for the count written in the charging sheet before the rendition of a judgment;

in addition to those set forth in the preceding two items, when the court finds that it is unable to try the case by expedited trial proceedings; or

when the court finds that the case is inappropriate for expedited trial proceedings.

If a ruling under Article 350-22 is revoked pursuant to the provisions of the preceding paragraph, the trial procedure must be renewed; provided, however, that this does not apply when the public prosecutor and the defendant or the defense counsel raise no objection.

In a case in which a ruling has been rendered to dismiss a petition for expedited trial proceedings (except for the case in which the ruling is rendered on the grounds that it falls under the case set forth in Article 350-22, item (iii) or (iv)), if prosecution has been withdrawn without the examination of evidence after that ruling, and a ruling of dismissal of the prosecution based on withdrawal thereof becomes final and binding, prosecution for the same case may be instituted again notwithstanding the provisions of Article 340. The same applies in a case in which a ruling under Article 350-22 has been revoked on the grounds that it comes to fall under paragraph (1), item (i), (ii) or (iv) of the preceding Article (with regard to item (iv), only 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), if prosecution has been withdrawn without the examination of evidence after the revocation of the ruling, and a ruling of dismissal of the prosecution based on withdrawal thereof becomes final and binding.

The provisions of Article 320, paragraph (1) do not apply to evidence in a case for which a ruling has been rendered under Article 350-22; provided, however, that this does not apply when a public prosecutor, the defendant or the defense counsel objects against use as evidence.

With regard to a case for which a ruling has been rendered under Article 350-22, the court must render a judgment on the same day insofar as possible.

If a court renders a judgment of imprisonment in expedited trial proceedings, the court must render the suspended execution of the sentence in whole.