Section 2 Development of the Court-Appointed Defense Counsel System
The Amended Code of Criminal Procedure, etc. introduced the system to select court-appointed defense counsel for unindicted suspects from the viewpoint of effectively securing the right of unindicted suspects and defendants to receive support from defense counsels and realizing enhanced and prompt criminal trials. Furthermore, with regard to the system to select court-appointed defense counsel for defendants, the Amended Code develops the court-appointed defense counsel system by compiling requirements and procedures for selecting court-appointed defense counsel and newly establishing provisions concerning cases where court-appointed defense counsel are selected for juvenile unindicted suspects.
The Amended Code limits the application scope of the court-appointed defense counsel system for suspects only to those detained and is going to expand the scope of covering cases in a phased manner. At the first stage (to be implemented on October 2, 2006), the coverage shall be cases which are punishable by death penalty, life imprisonment, or short-term imprisonment with or without work for at least one year or more, and at the second stage (to be implemented on a date specified by a Cabinet Order within five years from the date of promulgation), the coverage shall be expanded to cases punishable by death penalty, lifetime imprisonment, or long-term imprisonment with or without work for up to three years or more.