Seoul, South Korea – The Supreme Court of Korea has announced amendments to its Criminal Procedure Rules, aimed at preventing trial delays caused by changes in the presiding judge. The move comes in response to criticism that criminal trial renewals were excessively time-consuming.
Key Changes
Simplified Renewal Process: The revised rules introduce a provision allowing for a more streamlined review of previous trial proceedings. Instead of requiring the entire playback of audio recordings, judges can now review written transcripts or receive summaries from both parties.
Selective Audio Review: Audio recordings will only be played if discrepancies arise between the transcript and the recording, or if deemed necessary by the court.
Evidence Selection: The rules now mandate that prosecutors, defendants, and lawyers select only evidence that is relevant to the facts they intend to prove and necessary for that proof.
Rejection of Delayed Evidence: The court is granted the power to reject evidence applications that violate these rules or cause undue delays.
Background
Previously, if a judge was replaced on a case, the entire trial proceedings had to be repeated, including listening to all audio recordings. While a simplified process was possible with the agreement of both parties, if one party disagreed, the full process had to be followed.
Impact
The new rules, which take effect immediately upon publication in the Official Gazette, will apply to all ongoing cases. This includes the high-profile case of Lee Jae-myung, leader of the Democratic Party, who is facing corruption charges. The replacement of the presiding judge in his case had raised concerns about potential delays.
Court's Stance
The Supreme Court stated that these changes will not only prevent unnecessary delays but also ensure more efficient and focused trials.
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