The victim of a crime may file a private prosecution, provided that where he is without, or of limited, legal capacity, or is dead, such private prosecution may be filed by his statutory agent, lineal relative, or spouse.
An attorney shall be retained to file a private prosecution under the preceding section.If a part of the facts of an offense has been prosecuted by a private prosecution, the remaining facts although may not be subject to a private prosecution is considered in the prosecution, but this may not be done if the remaining part, which may not be prosecuted by a private prosecutor, constitutes a more serious offense or its trial of the first instance is under the jurisdiction of the high court, or if the circumstances of Article 321 exist therein.

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

A private prosecution shall be initiated by filing a petition with a court having jurisdiction.
A petition in a private prosecution shall contain the following matters:
(1) Full name, sex, age, domicile or residence of the accused, or special identifying characteristics;
(2) Facts and evidence of the offense and article of the law violated.
The facts of the offense specified in the preceding section shall set forth the specific facts that constitute the offense and the date, time, place and methods of committing the offense.
The copies of the petition in a private prosecution shall be filed according to the number of the accused.

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

A private prosecution shall not be initiated against a lineal ascendant or spouse.

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

In a case chargeable only upon complaint or request, a private prosecution may not be initiated if such complaint or request is no longer permitted.

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

A private prosecution may no longer be initiated if a public prosecutor has already begun to investigate the same case in accordance with the provision of Article 228, provided that in a case chargeable only upon complaint, and if the immediate victim of the offense initiates the private prosecution, this rule shall not apply.
If a public prosecutor knows after the beginning of his investigation that a private prosecution has been initiated already or that the circumstance specified in the proviso of the preceding section exists, he shall immediately stop such investigation and refer the case to the court, provided that if urgent circumstances exist, the public prosecutor shall still take necessary measures.

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

Another complaint shall not be filed nor a request made under Article 243 in the same case in which a private prosecution has already been initiated.

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

In a case chargeable only upon complaint or request, a private prosecutor may withdraw the private prosecution prior to the conclusion of the argument in the trial of the first instance.
A private prosecution shall be withdrawn in writing, but it may be withdrawn verbally on the trial date or during an examination.
The clerk shall immediately notify the accused of the fact that the private prosecution has been withdrawn.
A person who has withdrawn a private prosecution shall not file another private prosecution, complaint, or request.

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

The court or commissioned judge may examine the private prosecutor and the accused before the first trial date and may collect or investigate the evidence; if the court or commissioned judge determines that this is a case for civil action or that the private prosecution procedure is being used to threaten the accused, the private prosecutor may be advised to withdraw the private prosecution.
The examination specified in the preceding section shall be held in camera; unless necessary, the accused shall not be called for examination.
If, as a result of the examination and investigation specified in section I, it is determined that the case contains the circumstances of one of the Articles 252 through 254, the private prosecution may be dismissed by a ruling and the provisions of Items I through IV of section I, sections II and III of Article 253-2 shall be applied mutatis mutandis.
After a ruling to dismiss a private prosecution has been final, another private prosecution may not be initiated for the same case unless one of the Items of Article 260 exists.

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

Ordering the agent of a private prosecutor to be present shall be in the form of a written notice; if it is necessary to order the private prosecutor to be present he shall be summoned by a summons.
The provisions of Articles 71, 72 and 73 shall apply mutatis mutandis to the summoning of a private prosecutor.

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

The court shall, upon receipt of a petition in a private prosecution, immediately send a copy thereof to the accused.

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

Any procedural act which may be performed by a public prosecutor on the trial date can be performed by the agent of a private prosecutor in the proceedings of a private prosecution.
If a private prosecutor has not retained an agent, the court shall order him, by a ruling, to retain an agent within a prescribed period; if no agent has been retained within the said period, a judgment of "Case Not Entertained" shall be pronounced.

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

The court shall notify the public prosecutor of the trial date of a private prosecution.
A public prosecutor may appear in court and express his opinion on the trial date of a private prosecution.

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

In case the agent of a private prosecutor fails to appear in court without good reasons after having been legally notified, the court shall re-notify him and notify the private prosecutor of the same. If the agent of a private prosecutor fails to appear in court again, without good reason, then a judgment of "Case Not Entertained" shall be pronounced.

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

Where a private prosecutor loses his legal capacity or dies prior to the conclusion of the argument, one of the persons capable of initiating the private prosecution as specified in section I of Article 319 may apply to the court within one month for undertaking the litigation. Where there is no such person to undertake the litigation or such person fails to do so within the prescribed period, the court shall, depending on the circumstances, immediately give a judgment on the case or notify the public prosecutor to take over the litigation.

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

Where establishment of a crime or remission of punishment therefor is to be determined by certain civil legal issues and no civil action has been brought, the court shall suspend trial of the case and order the private prosecutor to bring a civil action within a prescribed period and, failing to do so within the said period, shall dismiss the private prosecution by a ruling.

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

A judgment of "Case Not Entertained" shall be pronounced for a private prosecution which should not have been initiated.

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

If a judgment of "Mistake in Jurisdiction" is pronounced, it shall not be necessary to refer the case to a competent court unless application therefor is made by the private prosecutor.

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

The written judgment in a private prosecution shall also be sent to the competent public prosecutor.
If a public prosecutor considers, after receipt of a written judgment of "Case Not Entertained" or "Mistake in Jurisdiction," that a public prosecution should be initiated, he shall immediately begin or continue an investigation.

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

The provisions of section I of Article 314 shall apply mutatis mutandis to a private prosecution.

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

If a victim who has initiated a private prosecution commits an offense and the victim in such offense is the accused in the private prosecution, such accused may institute a counter-action before the conclusion of the argument in the trial of the first instance.

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

The provisions relating to a private prosecution shall apply mutatis mutandis to a counter-action.

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.

Judgment in a counter-action shall be given at the time of giving the judgment in a private prosecution, provided that in case of necessity, it may be given after judgment in a private prosecution had been given.

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

Withdrawal of a private prosecution shall not affect a counter-action.

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

The provisions of Articles 246, 249, and Sections 2 and 3 of the preceding Chapter relating to a public prosecution shall apply mutatis mutandis to the procedures of a private prosecution except as otherwise specially provided in this Chapter.

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