Code of Criminal Procedure

the judge is a legal representative, supervisor of a guardian, curator, supervisor of a curator of a minor, assistant, or supervisor of an assistant for the defendant or the victim;

with regard to the case, the judge has participated in a ruling prescribed in Article 266, item (ii), summary order or the decision of the lower court, or in the original judgment of a case which was sent back or transferred pursuant to the provisions of Articles 398 to 400, 412, or 413, or in the examination of evidence which formed the basis of such decisions; provided, however, that this does not apply when said judge participated as a delegated judge.

The legal representative, curatorassistant, spouse, lineal relative or sibling of the defendant or suspect may independently appoint defense counsel.

The legal representative, curatorassistant, spouse, lineal relative or sibling of the defendant may become an authorized assistant at any time.

An authorized assistant may undertake a procedural action that the defendant is able to undertake insofar as it is not contrary to the intent expressed by the defendant; provided however, that this does not apply when otherwise provided for in this Code.

If the defendant has been detained, the defense counsel must be notified immediately. When no defense counsel has been appointed for the defendant, notification must be given to the person who has been specified by the defendant from among the legal representative, curatorassistant, spouse, lineal relatives and siblings of the defendant.

The defense counsel, legal representative, curatorassistant, spouse, lineal relative, sibling or other interested party of the defendant under detention may also request the disclosure prescribed in the preceding paragraph.

The requests prescribed in the preceding two paragraphs lose their effect when bail is granted or execution of detention is suspended or rescinded or when the detention warrant becomes ineffective.

When the grounds for or necessity of detention no longer exist, the court must, upon the request of a public prosecutor, the defendant under detention, the defense counsel of the defendant, legal representative, curatorassistant, spouse, lineal relative or sibling or ex officio, make a ruling to rescind the detention.

The defendant under detention or the defense counsel of the defendant, legal representative, curatorassistant, spouse, lineal relative or sibling may request bail.

Any person may refuse to give testimony when there is a concern that such testimony may result in criminal prosecution or conviction against:

said person's guardian, the of a minor, supervisor of said person's guardian or said person's curatora guardian of a minor, specified assistant or supervisor of an assistant (limited to one pertaining to a specified assistant; the same applies in the following item);

a person for whom said person is a guardian of a minor, supervisor of a guardian orof a curatorminor, specified assistant or supervisor of an assistant.

A person who has received the pronouncement of a judgment to impose imprisonment or a greater punishment, or the defense counsel, legal representative, curatorassistant, spouse, lineal relative or sibling of that person, may file a request for the permission under the preceding Article.

When the court finds that the grounds for the ruling under Article 345-2 no longer exist, it must make a ruling to rescind that ruling, upon the request of the public prosecutor, the person who has received that ruling, or that person's defense counsel, legal representative, curatorassistant, spouse, lineal relative or sibling, or ex officio.

A statutory agent or a curatorlegal representative or assistant of the defendant may appeal for the defendant.

A retrial may be requested by:

The person who has been found guilty;

The legal representative or curatorassistant of the person who has been found guilty; or

The spouse, lineal relative, brother, or sister or sibling of the person who has been found guilty, in the event that said person is deceased or is in a state of insanity.

Only the public prosecutor may file a request for retrial on the grounds prescribed in item (vii) of Article 435 or, item (ii) of paragraph (1) of Article 436(vii) or Article 436, paragraph (1), item (ii) when the person who was found guilty induces another to commit such crime.

When a person who has received a ruling under the provisions of Article 345-2 or Article 494-3 has been confined, notification to that effect must be given to one person specified by the person who received the ruling from among the person's legal representative, curatorassistant, spouse, lineal relatives and siblings.

A person subject to the execution of a decision, or his/her legal representative or curatorassistant may file an objection with the court that rendered said decision when he/she finds a measure taken by the public prosecutor in connection with the execution (excluding one under the provisions of the following Chapter) to be inappropriate.