A prosecutor must resolve an application to exchange a person involved in an action within 3
days. An investigation or preliminaries continues until the time of the prosecutor’s resolution.
Article 27 (Treatment of an Application to Exchange a Person Involved in an Action in a
Trial)
An application to exchange a person involved in an action who participates in a trial shall be
resolved by ruling of the court that is hearing that case. An application to exchange a judge or
People’s Assessor shall be resolved by ruling of the members of the Court excluding the judge or
People’s Assessor who has been pointed out as the subject of the exchange. In this case, if even
one person among these members of the Court argues that he or she should be exchanged, he or
she shall be exchanged. In cases where a Court cannot be composed to hear the application to
exchange a judge or a People’s Assessor, the trial will be suspended and the court shall be
recomposed.
Article 28 (Abandonment of Persons Involved in a Criminal Action)
A detective, investigator, prosecutor, judge, People’s Assessor, judicial clerk, scribe, lawyer,
witness, expert witness, claimant for compensation, interpreter, translator, interpreter or observer
shall not participate in the handling of the criminal case concerned if he or she has a reason from
Article 16 to Article 23 of this law.
SECTION II. EVIDENCE
Article 29 (Handling of Criminal Cases Based on Scientific Evidence)
The handling of criminal cases shall be based on scientific evidence. Evidence may only be used
as the foundation to resolution of a case by being collected according to law and after being
objectively and sufficiently reviewed and confirmed
Article 30 (Types of Evidence)
Evidence shall be materials obtained from the words of a witness, analysis results, verification
results, exhibits, documentary evidence, and the words of the accused.
Article 31 (Subjects to be Finalized as Evidence)
Facts which may form the status of a crime or impact the determination of a penalty must be
finalized as evidence.
Article 32 (Collection and Use of Evidence)
A detective, investigator or Court may collect and use evidence necessary for the handling of a
criminal case as stipulated by law. The legal institution concerned must staunchly cooperate with
the activities of the investigation, preliminaries and trials of people’s safety and prosecutorial