detective who has received a request to investigate shall correctly investigate and report back in
time.
Article 140 (Restriction on Collection of Evidence by Detective)
A detective who has identified a criminal may not collect evidence. However, in cases where the
collection of evidence cannot be postponed for reasons such as the traces of the crime
disappearing or the evidence becoming unable to be obtained, he or she may collect evidence.
Article 141 (Transfer of Investigation of the Case)
In cases where a detective hands over a criminal case for which a decision to open an
investigation to another investigating institution according to jurisdiction, he or she shall make
the decision to transfer the investigation of the case, inform the prosecutor and hand it over to the
investigating institution concerned. In this case, in cases where the criminal suspect or the
criminal is in custody, a decision is made to transfer the case and the person. Crime data
uncovered during the investigation process that is unrelated to the criminal case shall also be
handed over to the investigating institution concerned.
Article 142 (Reasons to Arrest, Search and Seize a Criminal Suspect or Criminal without
the Approval of the Prosecutor)
Cases where a detective may arrest a criminal suspect or criminal, search his or her person or
residence, and seize exhibits without the approval of the prosecutor are the following:
1. In cases where the criminal has commenced the crime, or has been discovered during the
commission or immediately upon committing the crime;
2. In cases where a victim or a person who has seen the crime being committed has detained or
pointed out the person said to be the criminal;
3. In cases where traces of having committed the crime have appeared from the person or
residence of the criminal suspect;
4. In cases where the criminal suspect or criminal is trying to commit suicide or escape or is
being pursued;
5. In cases where the criminal suspect or criminal has no fixed residence.
Article 143 (Treatment of an Arrested Criminal Suspect or Criminal)
In cases where a detective has an arrested criminal suspect or criminal in custody following
Article 142 of this law shall make a written decision of custody within 48 hours of the time of
arrest, receive the approval of the prosecutor, investigate within 10 days from the day of arrest,
and hand him or her over to preliminaries. If the approval of the prosecutor has not been released
or if it is not confirmed within 10 days of the day of arrest that he or she is a criminal, he or she