Section 3 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 lawyers and realizing enhanced and prompt criminal trials. Furthermore, with regard to the system in the selection of 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 applicable scope of the court-appointed defense counsel system to suspects who are detained and is going to expand the scope of cases covered in a phased manner. For the first stage (implemented on October 2, 2006), the coverage shall be cases punishable by death penalty, life imprisonment, or imprisonment with or without work whose minimum term of imprisonment is one year or more. For the second stage (implemented on a date specified by Cabinet Order within five years from the date of promulgation), the coverage shall be expanded to cases punishable by death penalty, lifetime imprisonment, or imprisonment with or without work whose maximum term of imprisonment is in excess of three years.
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