White paper on crime 2015 Part2/Chapter1/1
The judicial police officials are to refer every case to public prosecuftors, except cases subject to disposition as trivial offenses (certain theft, fraud, embezzlement and other minor offenses with especially mitigating factors, that satisfy public prosecutor's predetermined criteria are not required to be referred to public prosecutors pursuant to the proviso of Article 246 of the Code of Criminal Procedure) and for certain road traffic violations subject to Hansokukin (administrativefine).The number of persons dispositionedas trivial offenses in 2014 was 73,907.The number of persons dispositioned as trivial offenses for non-traffic Penal Code offenses was 73,894, which accounts for 29.4% of the total number of persons cleared for non-traffic Penal Code offenses. (Source: Criminal Statistics of the National Police Agency)
Public prosecutor investigates cases referred by the police or other judicial police officials, including coast guard officers and narcotics agents. In addition, where necessary, public prosecutors may institute investigation by own initiatives or as response to the complaint or accusation directed to the office. In concluding the investigation, they decide whether or not to prosecute the suspect, based on the factors such as whether or not his/her act constitutes an offense and if the act needs to be punished.