Supplementary Provisions, Article 5Transitional Measures Concerning Orders to Appear Issued by the Court of Second Instance

①If the court of second instance is to pronounce a judgment on or after the item (iii) Effective Date, then notwithstanding the provisions of Article 390 of the Code of Criminal Procedure, even before the item (iii) Effective Date, it may, in accordance with the provisions of Article 390-2 of the New Code of Criminal Procedure, order a defendant who has been indicted for a crime punishable by imprisonment or a heavier sentence and who has been granted bail or suspension of execution of detention to appear on the trial date on which the judgment is to be pronounced. In this case, on or after the item (iii) Effective Date, that order is deemed to be an order made pursuant to the provisions of that Article.

②With regard to the application of the provisions of the preceding paragraph during the period from the day on which the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into effect (hereinafter referred to as the "item (ii) Effective Date") until the day preceding the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, the term "imprisonment" in that paragraph is deemed to be replaced with "imprisonment without work".

③With regard to a crime relating to an act committed before the 2022 Act Amending the Penal Code and Other Laws comes into effect, for the application of paragraph (1) on or after the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, a crime punishable by imprisonment with work prescribed in Article 12 of the Penal Code prior to amendment by the provisions of Article 2 of the 2022 Act Amending the Penal Code and Other Laws (hereinafter in this paragraph and Article 8, paragraph (6) of the Supplementary Provisions referred to as the "Penal Code Before the 2022 Amendment") (referred to as "imprisonment with work" in paragraph (3) of the following Article, Article 8, paragraphs (5) and (7) and Article 11, paragraphs (3) and (4) of the Supplementary Provisions) or imprisonment without work prescribed in Article 13 of the Penal Code Before the 2022 Amendment (referred to as "imprisonment without work" in paragraph (3) of the following Article, Article 8, paragraphs (5) and (7) and Article 11, paragraphs (3) and (4) of the Supplementary Provisions) is deemed to be a crime punishable by imprisonment, respectively.