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Questions and Answers
In criminal proceedings, what does the 'internal investigation' (내사) phase primarily involve?
In criminal proceedings, what does the 'internal investigation' (내사) phase primarily involve?
- Conducting a preliminary inquiry into potential criminal activity. (correct)
- Pronouncing a final verdict on the case.
- Formally appointing a defense attorney.
- Initiating formal trial proceedings.
Which action can anyone, regardless of being a direct victim, initiate?
Which action can anyone, regardless of being a direct victim, initiate?
- Filing an indictment (고소).
- Only a victim can file an indictment (고소) and accusation (고발).
- Filing an accusation (고발). (correct)
- Both filing an indictment (고소) and accusation (고발).
Under which circumstance is an arrest warrant NOT required?
Under which circumstance is an arrest warrant NOT required?
- In all arrest scenarios.
- During an exigent arrest or when apprehending a criminal in the act. (correct)
- For a standard arrest.
- When the judge is undertaking the arrest.
Which of the following is NOT a legitimate ground for detention?
Which of the following is NOT a legitimate ground for detention?
What is the pre-detention questioning of a suspect by a judge called?
What is the pre-detention questioning of a suspect by a judge called?
What is it called when the police close a case without sending it to the prosecutor's office?
What is it called when the police close a case without sending it to the prosecutor's office?
What is it called when the prosecutor decides not to send a case to court?
What is it called when the prosecutor decides not to send a case to court?
Under what circumstances is a 'suspension of prosecution' (기소유예) likely to be applied?
Under what circumstances is a 'suspension of prosecution' (기소유예) likely to be applied?
If dissatisfied with a summary indictment (약식기소), within how many days can a formal trial be requested?
If dissatisfied with a summary indictment (약식기소), within how many days can a formal trial be requested?
What is the primary purpose of the Preliminary Hearing Date (공판준비기일)?
What is the primary purpose of the Preliminary Hearing Date (공판준비기일)?
Flashcards
What is the 'Investigation' (내사) stage?
What is the 'Investigation' (내사) stage?
The initial stage of a criminal case where authorities investigate whether a crime has occurred.
Who can file a 고발 (accusation)?
Who can file a 고발 (accusation)?
Anyone can file an accusation of a crime to authorities, whereas a formal legal accusation can only be filed only by a victim.
When is an arrest warrant not required?
When is an arrest warrant not required?
Cases where an arrest must happen immediately such as during the commission of a crime
What is NOT a reason for 구속 (detention)?
What is NOT a reason for 구속 (detention)?
Having a permanent address reduces this risk, making it an insufficient reason for detention.
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What is 영장실질심사 (Warrant Review)?
What is 영장실질심사 (Warrant Review)?
A judge's pre-trial questioning of a suspect
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What does 불송치 mean?
What does 불송치 mean?
When police close a case without sending it to the prosecution.
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What is 불기소 처분?
What is 불기소 처분?
When the prosecutor decides not to send a case to court.
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What is 기소유예 (Suspension of Prosecution)?
What is 기소유예 (Suspension of Prosecution)?
This is granted when the suspect committed the act, but it is in the better interest of justice that they are not prosecuted.
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What is a formal trial after 약식?
What is a formal trial after 약식?
A chance for someone to get a retrial by a judge.
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공판준비기일 (Trial Preparation) purpose?
공판준비기일 (Trial Preparation) purpose?
To organize evidence and legal points before the trial.
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- These are test questions about understanding criminal case litigation procedures.
Objective Questions (15 questions)
- "Internal investigation" in a criminal case refers to the initial stage of briefly investigating whether a crime has occurred.
- Anyone can file both an accusation and a report.
- Situations where an arrest warrant is not necessary involve urgent arrest or arrest of a flagrant offender.
- A reason for detention is not when there is no fixed address.
- A judge's direct questioning of a suspect before detention is called a warrant review.
- When the police close a case without sending it to the prosecutor's office, it is called non-referral.
- When the prosecutor finishes a case without sending it to court, it is a non-prosecution disposition.
- Suspension of prosecution occurs when the need for punishment is minimal.
- If dissatisfied with a summary indictment, a formal trial can be requested within 7 days.
- The purpose of a pre-trial hearing is to organize evidence and issues in dispute.
- A defendant can request bail after the trial has begun.
- The purpose of examining a witness is to elicit favorable testimony.
- The period for filing an appeal or a final appeal against a judgment is 7 days.
- In Korea, a criminal trial can be received up to 3 times.
- The best time to receive assistance from a lawyer is in the early stages of the investigation.
Subjective Questions (5 questions)
- When the police formally begin a criminal investigation, it is called investigation.
- Arresting without a warrant, such as in cases of urgent arrest or arrest of a flagrant offender, is called an arrest.
- The decision made by the police when closing a case without forwarding it to the prosecutor's office is called non-referral to the prosecutor's office.
- The procedure where a prosecutor requests a simple punishment for a minor offense is a summary order.
- Disagreeing with a court ruling and requesting a retrial from a higher court is called an appeal.
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