Prior to a final conviction through trial, an accused is presumed to be innocent.
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The probative value of evidence shall be determined at the discretion and based on the firm confidence of the court, provided that it cannot be contrary to the rules of experience and logic. Evidence inadmissible, having not been lawfully investigated, shall not form the basis of a decision.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Confession of an accused not extracted by violence, threat, inducement, fraud, exhausting interrogation, unlawful detention or other improper means and consistent with facts may be admitted as evidence.
Confession of an accused, or a co-offender, shall not be used as the sole basis of conviction and other necessary evidence shall still be investigated to see if the confession is consistent with facts.
If the accused states that his confession was extracted by improper means, his confession shall be investigated prior to investigating other evidences; if the said confession is presented by the public prosecutor, the court shall order the public prosecutor to indicate the method to prove that the confession is obtained under the free will of the accused.
Where an accused has made no confession nor has there been any evidence, his guilt shall not be presumed merely because of his refusal to make a statement or remaining silent.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No evidence is needed to be adduced to prove facts commonly known to the public.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No evidence is required to be adduced to prove such facts that are obvious to the court or become known to it in performing its functions.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court shall give the parties opportunities to state his opinion regarding the facts that are not required to be proven as specified in the preceding two articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Any confession or other unfavorable statement obtained from the accused or suspect in violation of provisions of Paragraph 2 of Article 93-1 or Paragraph 1 of Article 100-3 shall not be admitted as evidence. The preceding provision does not apply to a situation where it is proved that the said violation was not in bad faith and the confession or statement concerned was made voluntarily out of free will.
The provision of the preceding paragraph shall apply mutatis mutandis to the situation where a public prosecutor investigator, judicial police officer, or judicial policeman violates the provisions of Paragraph 1, Subparagraphs 2 or 3 or Paragraph 2 of Article 95 in interrogating an accused or suspect arrested with or without a warrant.

If a witness or expert witness fails to sign an affidavit to tell the truth, as required by law, his testimony or expert opinion shall not be admitted as evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The admissibility of the evidence, obtained in violation of the procedure prescribed by the law by an official in execution of criminal procedure, shall be determined by balancing the protection of human rights and the preservation of public interests, unless otherwise provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Unless otherwise provided by law, oral or written statements made out of trial by a person other than the accused, shall not be admitted as evidence.
The provision of the preceding section shall not apply to the circumstances specified in section II of Article 161, nor to the case in a summary trial proceeding or where sentencing is ordered by a summary judgment; the same rule shall apply to the review of the application for detention, search, detention for expert examination, permission for expert examination, perpetuation of evidence and other compulsive measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made out of trial by a person other than the accused to the judge shall be admitted as evidence.
Statements made in the investigation stage by a person other than the accused to the public prosecutor, shall be admitted as evidence unless it appears to be obviously unreliable.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When the statements made, in the investigation stage, by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman are inconsistent with that made in trial, the prior statement may be admitted as evidence, provided that special circumstances exist indicating that the prior statements are more reliable, and that they are necessary in proving the facts of the criminal offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made in the investigation stage by a person other than the accused to the public prosecuting affairs official, judicial police officer, or judicial policeman may be admitted as evidence, if one of the following circumstances exists in trial and after proving the existence of special circumstances indicating its reliability and its necessity in proving the facts of criminal offense:
(1) The person died;
(2) The person has lost his memory or has been unable to make a statement due to physical or emotional impairment;
(3) The person cannot be summoned or has failed to respond to the summons due to the fact that he is staying in a foreign country or his whereabouts are unknown;
(4) The person has refused to testify in court without justified reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In addition to the circumstances specified in the preceding three articles, the following documents may also be admitted as evidence:
(1) Documents of recording nature, or documents of certifying nature made by a public official in performing his duty, unless circumstances exist making it obviously unreliable;
(2) Documents of recording nature, or documents of certifying nature made by a person in the course of performing professional duty or regular day to day business, unless circumstances exist making it obviously unreliable;
(3) Documents made in other reliable circumstances in addition to the special circumstances specified in the preceding two Items.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Statements made out of trial by a person other than the accused, although not consistent with the provisions of the preceding four articles, may be admitted as evidence, if the party consents to its admissibility as evidence in the trial stage and the court believes its admissibility is proper after considering the circumstances under which the oral or written statement was made.
The party, agent, or defense attorney shall be deemed to have granted his consent specified in the preceding section, if during the investigation of evidence in the court he has knowledge of the existence of the circumstances specified in section I of Article 159 as to the inadmissibility of the evidence and fails to object to its admission before the conclusion of oral argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Personal opinion or speculation of a witness shall not be admitted as evidence, unless it is based on his personal experience.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The accused may indicate methods of proof favorable to him against the facts charged.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The parties, agent, defense attorney or assistant of the accused shall present opinion concerning the scope, order, and methods of evidence to be investigated.
The court shall make the ruling according to the opinions presented under the preceding section; changes can be made based on the motion from the parties, agent, defense attorney, or assistant of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court shall not investigate the confession of the accused that is admissible as evidence prior to investigating other evidence concerning the facts of the crime, unless otherwise specifically provided by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A party, agent, defense attorney, or assistant may request to examine the evidence and may question a witness, an expert witness, or the accused during such examination. This shall not be prohibited unless the presiding judge of the court deems it inappropriate.
The court may, for the purpose of discovering the truth, sua sponte examine the evidence. For the purpose of maintaining justice or discovering facts that are critical to the interest of the accused, the court shall sua sponte examine the evidence.
Before examining the evidence in accordance with the preceding paragraph, the court shall provide the parties, agent, defense attorney or assistant the opportunity to state their opinions.
The complainant may state his/her opinions in relation to matters of the examination of evidence, and may petition to the public prosecutor to make a request to the court for the examination of evidence.

Motion filed by parties, agent, defense attorney, or assistance of evidence investigation shall be in writing and contain the following matters in detail:
(1) The evidence to be investigated and its relationship with the fact to be proven;
(2) The name, gender, domicile or resident of the witness, expert witness, or interpreter to be subpoenaed and the estimated time spent for examination;
(3) A list of the evidential document, or other documents to be investigated; if part of the same shall be investigated, only that portion shall be filed.
The copies of the written motion shall be filed, according to the number of persons in the other party; the court shall deliver it promptly after receiving the same.
In case the written motion specified in section I of this Article cannot be filed for good reasons, or in case of emergency, the motion may be made orally.
In circumstances specified in the preceding section, the oral motion shall state clearly, the matters specified in the Items of section I of this article and it shall be put in the record by the clerk; if the other party is not present, the record shall be delivered to him.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may overrule, by a ruling, the motion for investigation of evidence filed by a party, agent, defense attorney, or assistant, if it deems to be unnecessary.
The following circumstances shall be deemed unnecessary:
(1) Inability to investigate;
(2) It bears no critical relationship with the fact to be proven;
(3) It is unnecessary to investigate because the facts to be proven is clear;
(4) Filing the motion again for the same evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall show the exhibit to the party, agent, defense attorney, or assistant and ask him to identify it.
If the exhibit specified in the preceding section is a document and the accused does not understand its meaning he shall be informed of its essential points.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Records and other documents in the file which may be used as evidence shall be read, by the presiding judge, to the party, agent, defense attorney, or assistant, or their essential points explained.
If the documents referred to in the preceding section are those against morality, public safety, or possibly defamatory, it shall be handled to the party, agent, defense attorney, or assistant for reviewing instead of reading it to these persons; if the accused does not understand its meaning, the essential points shall be explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provision of the preceding article shall apply mutatis mutandis to other evidential items other than documents which have the same effect as the document.
Audio recording, video recording, electronic record or other similar evidential items that can be used as evidence, shall be played, by the presiding judge, with appropriate equipment to reveal the sound, picture, signals, or information to the party, agent, defense attorney, or assistant to identify, or their essential points explained.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.
The examination of a witness or an expert witness shall be in the following order:
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Direct examination shall be made on the facts to be proven and other matters concerned.
To examine the probative value of the statement of the witness or expert witness, the direct examination may be made as to the necessary points thereof.
No leading question may be asked in direct examination, except for the following circumstances:
(1) The personal identity, education, experience of the witness or expert witness, and matters necessary to his social relationships prior to getting into the substantive matter being examined;
(2) The matter clearly not in dispute;
(3) For the purpose of refreshing the memory of the witness or expert witness in case the witness or expert witness has a vague memory;
(4) The witness or expert witness appears to be hostile or antagonistic to the examiner;
(5) The matters which the witness or expert witness is trying to avoid answering;
(6) The prior statement of the witness or expert witness, if it is inconsistent with his current statement;
(7) Other special circumstances that will validate the necessity of a leading question.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of cross examination shall be limited to the matters or its related matter revealed in direct examination, or the matters necessary for examining the probative value of the statements made by the witness or expert witness.
Leading question may be asked in cross examination if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Matters in supporting of new allegation by the cross-examiner may be brought out in cross examination with the court's permission.
The examination made as specified in the preceding section shall be treated as direct examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of redirect examination shall be limited to the matters or its related matters revealed in cross examination.
The redirect examination shall apply the rules of direct examination.
The provision of the preceding article shall apply mutatis mutandis to this article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The scope of recross examination shall be limited to the matters necessary for examining the probative value of the evidence revealed in redirect examination.
The recross examination shall apply the rules of cross examination.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After examining a witness or an expert witness subpoenaed by the court on its own motion, the party, agent, or defense attorney may examine him, the order of doing the examination shall be determined by the court.
The presiding judge may continue to examine a witness or an expert witness after he has been examined by the party, agent, or defense attorney.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The examining of a witness or an expert witness and the answers thereof shall be specific as to a particular point.
The following ways of examination shall be prohibited, unless the circumstances specified in items 5 through 8 exist and there is a good reason not to apply it:
(1) The question is unrelated to the subject case or the matter revealed by examination;
(2) The examination is conducted by ways of threat, insult, inducement, fraud, or other improper means;
(3) The question is abstract and lack of specification;
(4) The question is unjustifiable leading;
(5) The examination is based on hypothetical facts or facts unsupported by evidence;
(6) Repeated question;
(7) Asking the witness to state his personal opinion, speculation, or comment;
(8) The testimony may seriously injure the reputation, credit, or property of the witness or the persons who have the relationship with him as specified in section I of Article 180;
(9) The examination is addressed to matters that the witness has not personally experienced, or things that the expert witness has not personally examined;
(10) Other ways prohibited by law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall not restrict or prohibit the examination of witness or expert witness by the party, agent, or defense attorney, unless the examination is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The party, agent, or defense attorney may object to the examination of witness or expert witness and the answer thereof for the reasons that it violates the law or regulation, or it is inappropriate.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The objection specified in the preceding article shall be made to a particular question or answer and it shall be immediately accompanied by brief reasons thereof.
The presiding judge shall make immediate ruling on the objection specified in the preceding section.
The opposing party, agent, or defense attorney may state his opinion about the objection prior to the presiding judge's making ruling.
The witness or expert witness shall not make statement between the time objection is made and the time a presiding judge's ruling is announced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall overrule an objection if it is determined that it was not timely made, it was made for delaying the proceeding or for other illegitimate purposes, unless the subject matter of objection, not timely made, has a critical relationship with the case at bar.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall overrule an objection if it is determined that it is was not supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The presiding judge shall make a ruling to order the termination, withdrawal, cancellation, alteration, or other appropriate measures of the question being asked and the answer thereto as the case may be, if the objection is supported by good reason.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

No appeal shall be made to the rulings specified in the preceding three articles.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of section II of Article 166-7, and Articles 167 through 167-6 shall apply mutatis mutandis to examination specified in section I of Article 163.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A witness or an expert witness may not leave the court without permission of the presiding judge notwithstanding that he has finished testifying.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The party, agent, defense attorney, or assistant may be present at the time a witness, an expert witness, or an interpreter is being examined.
The court shall send notice in advance regarding the date, time, and place of examination specified in preceding section, unless the unwillingness of being present had been declared ahead of time.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a presiding judge foresees that a witness, an expert witness, or the other co-defendants will not freely state what he knows in the presence of the accused, he may, after considering the opinion of the public prosecutor and defense attorney, order the accused to leave the court, provided that after the testimony is concluded, the accused shall be ordered to reenter the court and the important points of the testimony shall be related to him. Also, the accused shall be offered the opportunity to examine or to confront that person.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An associate judge who participates in a trial by panel of judges may, after informing the presiding judge, examine an accused, or examine a witness or expert witness by applying mutatis mutandis the provisions of section IV of Article 166 and section II of Article 166-6.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The provisions of Articles 164 through 170 shall apply mutatis mutandis to a court or commissioned judge in making examination according to the provisions of section I of Article 273, or Article 276 prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.