Act On Special Cases Concerning The Punishment Of Specific Violent Crimes


Published: 2010-04-15

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 Article 1 (Purpose)   print
The purpose of this Act is to ensure the safety of life and body of the people and protect communities from crime by prescribing special cases concerning punishment of specific violent crimes which violate fundamental ethics and social order, and procedures therefor.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 2 (Coverage of Application)   print
(1) The term "specific violent crimes" in this Act means crimes falling under any of the following subparagraphs: <Amended by Act No. 10258, Apr. 15, 2010>
1. Crimes under Articles 250, 253, and 254 (excluding attempted criminals referred to in Articles 251 and 252), among the crimes of murder in Chapter XXIV of Part II of the Criminal Act;
2. Crimes under Articles 287, 288, 289, 293 and 294 (excluding attempted criminals referred to in Articles 291 and 292), among the crimes of abduction and enticement in Chapter XXXI of Part II of the Criminal Act;
3. Crimes under Articles 297, 298, 299, 300, 305, 301 and 301-2 committed by carrying a lethal weapon or other dangerous articles, or by not less than two persons in conspiracy, among the crimes of rape and an indecent act in Chapter XXXII of Part II of the Criminal Act;
4. Crimes under Articles 3 through 10 and 14 (excluding attempted criminals under Article 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
5. Crimes under Articles 333, 334, 335, 336, 337, 338, 339, 340, 341, and 342 (excluding attempted criminals under Articles 329 through 331, 331-2 and 332), among the crimes of theft and robbery in Chapter XXXVIII of Part II of the Criminal Act;
(2) Crimes which fall under the subparagraphs of paragraph (1) and are punished cumulatively in accordance with other Acts shall be deemed specific violent crimes.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 3 (Punishment of Repeated Offenses)   print
Where any person repeatedly commits a specific violent crime after having been sentenced to punishment for committing a specific violent crime within three years after the date on which the execution of punishment has been completed or exempted, his/her punishment shall be cumulated by up to twice the maximum term or the minimum term of his/her punishment inflicted on such crime.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
<By decision on unconstitutionality of the Constitutional Court of Korea on December 26, 2008, the part "when any person is punished cumulatively pursuant to Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes because he/she repeatedly commits a crime referred to in Article 337 of the Criminal Act or an attempted crime thereof within three years after the execution of his/her punishment on a specific violent crime is completed or exempted" of this paragraph shall cease to have effect.>
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 Article 4 (Punishment on Juveniles)   print
(1) Where a juvenile under 18 years of age should be punished by death penalty or life imprisonment at the time he/she commits a specific violent crime, despite Article 59 of the Juvenile Act, he/she shall be sentenced to limited imprisonment for 20 years.
(2) Where a juvenile who has committed a specific violent crime is sentenced to an indefinite term, despite the proviso to Article 60 (1) of the Juvenile Act, the maximum term shall not exceed 15 years, and the minimum term shall not exceed seven years.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 5 (Disqualified Period of Suspension of Execution)   print
Where any person in whose case ten years have not passed since the execution of his/her punishment on a specific violent crime was completed or exempted repeatedly commits a specific violent crime, the execution of his/her punishment shall not be suspended.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 6 (Revocation of Release on Bail)   print
Where there are reasonable grounds to believe that the accused of a specific violent crime may cause or is apprehended to cause an injury to the life or body or damage to property of his/her victims, persons who are deemed aware of facts necessary for a trial or his/her relatives, a court may, either ex officio or at the request of a public prosecutor, revoke a release on bail or the suspension of execution of detention by its decision.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 7 (Measures for Personal Safety on Witness)   print
(1) Where it is deemed that the accused or any other person may or is apprehended to harm the life or body of a witness of a specific violent crime, a public prosecutor shall request the chief of the competent police station to take necessary measures for the personal safety of the witness.
(2) A witness may demand that a public prosecutor take measures referred to in paragraph (1).
(3) The presiding judge may request a public prosecutor to take measures referred to in paragraph (1).
(4) The chief of the competent police station in receipt of the request pursuant to paragraph (1) shall promptly take necessary measures for the personal safety of a witness and shall notify a public prosecutor of such fact.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 8 (Protection of Victims from Publication)   print
With respect to the victims of specific violent crimes prescribed in Article 2 (1) 2 through 6 and (2) (excluding paragraph (1) 1) which are under investigation or trial or persons who have reported or accused specific violent crimes under investigation or trial, facts or photographs to the extent that they may presumedly be identified by their names, ages, addresses, occupations and appearance and so on as victims or persons who have reported or accused shall not be published in newspapers or other publications or broadcasted or broadcasted by wire: Provided, That this shall not apply in cases where victims, persons who have reported or accused, or their agents (their spouses, lineal relatives or brothers and sisters in cases where the victims or persons who have reported or accused decease) specifically consent to such publication or broadcasting.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 8-2 (Disclosure of Faces, etc. of Criminal Suspects)   print
(1) A public prosecutor and a judicial police officer may disclose the personal information, such as the face, name and age, on a criminal suspect of a specific violent crime, if all of the following requirements are satisfied:
1. It shall be a specific violent crime, the manner of the criminal act of which is atrocious and from which serious injury has been inflicted;
2. Sufficient evidence shall exist to prove that a criminal suspect has committed such crime;
3. Disclosure shall be required for the public good only, such as the people's right to know, the prevention of repetition of an offense of a criminal suspect and the prevention of crimes;
4. A criminal suspect shall not be a juvenile referred to in subparagraph 1 of Article 2 of the Juvenile Protection Act.
(2) Where a public prosecutor or a judicial police officer discloses the personal information on a criminal suspect pursuant to paragraph (1), he/she shall decide prudently in consideration of the human right of the criminal suspect and shall not abuse it.
[This Article Newly Inserted by Act No. 10256, Apr. 15, 2010]
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 Article 9 (Consultation about Progression of Litigation)   print
(1) A court may consult about designation of the date for a trial or other matters necessary for the progression of litigation on a specific violent crime with a public prosecutor and an attorney-at-law.
(2) Consultation under paragraph (1) shall be made to the minimum extent necessary for the progression of litigation and shall not affect a decision.
(3) Where one party requests an examination of documentary evidence or evidence on a specific violent crime, it shall provide an opportunity of perusal to the other party: Provided, That this shall not apply in cases where the other party does not object thereto.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 10 (Focused Trial)   print
(1) Where it takes at least two days to try a specific violent crime, the court shall have a focused trial by holding court continuously each day, as far as possible.
(2) The presiding judge shall designate the date for the next trial within seven days from the date for the preceding trial unless any specific circumstance exist to the contrary.
(3) The presiding judge shall request interested parties of litigation to keep the date for a trial and may take necessary measures therefor.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 11 (Bodily Detention in Court)   print
Where the presiding judge deems that the accused indicted for a specific violent crime is feared to use violence or take flight, he/she may order to detain the accused in custody in the court or take other necessary measures.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 12 (Decision of Summary Trial Procedures)   print
(1) Where the accused of a specific violent crime confesses the charges in court, a court may decide to judge the accused in accordance with summary trial procedures. The same shall also apply in cases where a specific violent crime has been committed in conjunction with other crimes.
(2) Articles 286-3, 297-2, 301-2 and 318-3 shall apply mutatis mutandis to cases of which decisions are made under paragraph (1).
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
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 Article 13 (Pronouncement of Judgement)   print
When a court concludes submissions on a specific violent crime case, it shall pronounce judgement expeditiously. The court shall pronounce judgement within 14 days from the date of conclusion of submissions, if the specific violent crime case is complicated or any extenuating circumstance exists.
[This Article Wholly Amended by Act No. 10209, Mar. 31, 2010]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1991.
(2) (Transitional Measures on Penal Provisions) Articles 2 through 5 shall not apply to crimes committed prior to the date this Act enters into force. In cases where a crime is committed before and after the date this Act enters into force, it shall be deemed committed before the date this Act enters into force.
(3) (Transitional Measures on Penal Provisions) Articles 6 through 13 shall not apply to cases of persons indicted prior to the date this Act enters into force.
ADDENDA<Act No. 4590, Dec. 10, 1993>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDUM<Act No. 7653, Aug. 4, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9765, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10209, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10256, Apr. 15, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.