PART II TRIAL OF THE FIRST INSTANCE
CHAPTER I PUBLIC PROSECUTION
Section 2 - PROSECUTION
Article 264
A public prosecution shall be initiated by a public prosecutor by filing an indictment with a competent court.
An indictment shall include the following matters:
Full name, sex, age, native place, occupation, domicile, or residence of the accused and special identifying characteristics;
Facts of and evidence for the offense and article of the law violated.
When a prosecution is initiated, the record and exhibits shall be sent therewith to the court.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 265
Prosecution for a related offense or malicious accusation related to the instant case may be added before conclusion of argument at the trial of the first instance.
An additional prosecution may be verbally initiated with the court on the trial date.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 266
A prosecution shall not affect a person other than the accused charged by the public prosecutor.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 267
If part of the facts of a crime is prosecuted by a public prosecutor, all such facts are considered to be included.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 268
A court shall not try a crime for which prosecution has not been initiated.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 269
A public prosecutor may withdraw prosecution before conclusion of the argument at the trial of the first instance if circumstances indicate that prosecution should not have been initiated or that it is appropriate not to prosecute.
Withdrawal of a prosecution shall be in writing stating the reasons therefor.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 270
Withdrawal of a prosecution shall have the same effect as a ruling not to prosecute; written withdrawal of prosecution shall be considered to be a ruling not to prosecute and the provisions of Articles 255 through 260 shall apply mutatis mutandis.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.