Criminal Procedure Code (Hyeongsa Sosong Beop)
The Criminal Procedure Code (Hyeongsa Sosong Beop) governs the procedures for criminal investigation, prosecution, trial, and appeals in South Korea. Enacted in 1954, the Code establishes the framework for arrest, detention, search and seizure, interrogation, trial proceedings, and sentencing. The Code has been substantially amended to strengthen due process protections and improve the fairness of criminal proceedings.
Legal area: Law governing criminal offences, penalties, and the administration of criminal justice.
Year enacted: 1954
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-criminal-procedure-code
Key Provisions
- Part I: General provisions (jurisdiction, parties)
- Part II: Investigation (arrest, detention, search, interrogation)
- Part III: Prosecution and trial (opening, evidence,辩论)
- Part IV: Judgments and sentencing
- Part V: Appeals (first and second instance)
- Part VI: Extraordinary remedies (retrial, habeas corpus)
- Article 275: Exclusionary rule for illegally obtained evidence
- Article 312: Confession testimony exclusion criteria
Significance
The Criminal Procedure Code has been progressively reformed to strengthen defendants’ rights. The 2007 amendments introduced the exclusionary rule for illegally obtained evidence and strengthened protections against coerced confessions. The Code has been further amended to introduce the pre-trial detention review system and improve the rights of suspects during investigation. South Korea has been working to balance effective crime control with the protection of fundamental rights.