1 Prosecution

The judicial police officials are to refer every criminal case to public prosecutors, except cases subject to disposition as trivial offenses (certain theft, fraud, embezzlement and other minor offenses with especially mitigating factors which satisfy the public prosecutor's predesignated criteria are not required to be referred to public prosecutors pursuant to the proviso of Article 246 of the Code of Criminal Procedure) and certain road traffic violations subject to Hansokukin (administrative fine). The number of persons dispositioned as trivial offenses in 2015 was 71,507. The number of persons dispositioned as trivial offenses for non-traffic Penal Code offenses was 71,496, which accounts for 29.9% of the total number of persons cleared for non-traffic Penal Code offenses (Source: Criminal Statistics of the National Police Agency).

Public prosecutors investigate cases referred by the police or other special judicial police officials (officials of investigative agencies other than police with a specific jurisdiction; e.g. Coast Guard officers, Narcotics Agents, etc.). In addition, where necessary, public prosecutors may institute investigation as their own initiative or as a response to a complaint or accusation directed to the office. In concluding the investigation, they decide whether or not to prosecute the suspect, based on factors such as whether or not his/her act constitutes an offense and if the act needs to be punished.