Chapter 3 Criminal Procedure for Juveniles

A public prosecutor must, in principle, institute prosecution of a case referred to the public prosecutor by a family court if the prosecutor considers that there is sufficient suspicion to institute prosecution.

The criminal procedure for prosecuted juveniles is basically the same as that for adults. A court, however, shall, by a ruling, transfer a case to a family court if it is found appropriate to subject the juvenile defendant to protective measures as a result of the examination of the facts.

If a juvenile is to be punished with imprisonment with or without work for a definite term, the juvenile must be given a sentence within the minimum and maximum imprisonment terms determined within the limit of the sentence to be imposed (indeterminate sentence; the minimum and maximum terms cannot exceed 10 and 15 years, respectively) unless the execution of the sentence is suspended.

If a person who is under 18 at the time of the commission of an offense is to be punished with the death penalty, life imprisonment shall be imposed. If a person who is under 18 at the time of the commission of an offense is to be punished with life imprisonment, imprisonment with or without work for a definite term may be imposed. In this case, the term of imprisonment imposed shall be neither less than 10 years nor more than 20 years.