shall be immediately released. In cases where a reason under Article 96 of this law has appeared
in relation to a person in custody, the custody shall be discontinued, and in cases where there is a
reason under Article 105 of this law the discontinuance of the custody shall be revoked or
cancelled. In this case, the prosecutor shall be informed.
Article 144 (Treatment of a Criminal Who Will Not Be Placed in Custody)
In cases where a detective does not place an arrested criminal suspect or criminal in custody, he
or she shall inform the prosecutor of things like the day of arrest and reason within 48 hours of
the time of arrest.
Article 145 (Decision to Hand over a Case to Preliminaries)
A detective who has identified a criminal shall soon make the decision to hand him or her over to
preliminaries and shall hand the case over to preliminaries. In this case, a criminal who has
escaped or who has no fixed place of residence shall be arrested and handed over to
preliminaries.
Article 146 (Surveillance of Investigation)
A prosecutor who is in charge of surveillance of the investigation shall draft a written decision of
surveillance. A prosecutor may participate in the investigation of or review the documents in the
action of the criminal case he or she is in charge of, and may remedy unlawful investigations or
may direct the detective to do required investigations in writing. In cases where the detective has
an opinion about the directions of the prosecutor, he or she shall first execute the directions and
may raise it with a higher Public Prosecutors Office. A higher Public Prosecutors Office which
has received an opinion raised shall resolve it within 3 days.
CHAPTER IV: PRELIMINARIES
SECTION I: DUTIES AND PERIOD OF PRELIMINARIES
Article 147 (Duties of Preliminaries)
The duties of preliminaries are to finalize the defendant and completely and correctly state the
full account of the criminal case.
Article 148 (Content to State in the Preliminaries)
In the preliminaries, all facts based on objective evidence that are significant to resolve the
criminal case shall be stated without exception, such as the character of the crime the defendant
has committed, the motives and the aim, the ways and means of the crime, the degree of the act
and its results, and the role and degree of responsibility in committing the crime.
Article 149 (Prohibition on Repeated Investigations)