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Part IX Ancillary Civil Action
Article 487
(Parties and Plea under Ancillary Civil Action)
Those who injured by an offence may bring an ancillary civil action along with the criminal procedure, to request compensation from the defendant and those who may be liable under the Civil Code.
The scope of plea in the preceding paragraph shall comply with the Civil Code.
Article 488
(Filing Period)
An ancillary civil action shall be filed after criminal prosecution and after the close of oral arguments in the court of second instance; provided that it may not be filed after the close of oral arguments in the court of first instance and before the appeal.
Article 489
(Competent Court)
Where a court pronounced a ruling pursuant to Paragraph 2 of Article 6, and Articles 8 to 10 of the Code of Criminal Procedure, it is deemed to pronounce the same ruling for a supplement civil action.
A pronouncement of mistake in jurisdiction and case transfer under the criminal procedure shall also be made in the supplement civil action.
Article 490
(Applicable Law (I) – the Code of Criminal Procedure)
Ancillary Civil Actions, unless otherwise stipulated in this Part, shall apply mutatis mutandis rules regarding criminal procedure; provided that once a case is transferred, remanded, or sent to a civil court, the Code of Civil Procedure shall apply.
Article 491
(Applicable Law (II) – the Code of Civil Procedure)
The following rules in the Code of Civil Procedure shall apply mutatis mutandis to ancillary civil action.
1. Capacity to be parties and capacity to litigate;
2. Joinder of parties;
3. Intervention;
4. Advocates and assistants
5. Termination of the litigation;
6. Presence of the parties;
7. Settlement;
8. Judgment pursuant to abandonment of cause of action;
9. Withdrawal a suit, appeal or interlocutory appeal;
10. Provisional attachment, provisional injunction, and provisional Execution.
Article 492
(Initiation (I) - Complaint)
To file a Ancillary Civil Action, the complaint shall be filed to the court.
The complaint in the preceding paragraph shall apply mutatis mutandis the Code of Civil Procedure.
Article 493
(Service of the Complaint and Preparatory Pleading)
A party shall submit the complaint and preparatory pleading and copies of such documents pursuant to the number of the opposing party; the court shall serve such documents to the opposing party.
Article 494
(Summon the Party and Related Person)
On the trial date of criminal action, parties and related person in the Ancillary Civil Action may be summoned.
Article 495
(Initiation (II) - Verbal)
The plaintiff may file an ancillary civil action verbally when present at the trial date.
One who prosecutes verbally shall state and record items to be set forth in a complaint in the records.
Paragraphs 2 to 4 of Article 41 shall apply mutatis mutandis to the records in the preceding paragraph.
Where a plaintiff prosecutes verbally and the opposing party is absent or present but requests the service of records, such records shall be served to the opposing party.
Article 496
(Trial Period)
Trial of a supplement civil action shall be conducted subsequent to the trial of criminal action; provided that the presiding judge may order simultaneous investigation upon finding it necessary.
Article 497
(Prosecutor Participation)
A prosecutor there is no need to participate in the trial of supplement civil action.
Article 498
(Judgment without Statement)
A judgment may be pronounced without waiting for his testimony of a party if he/she is legally summoned but fails to appear without due reasons or does not argue while present at court; the same rule applies where a party leaves the court without being approved.
Article 499
(Discovery)
If the evidence is investigated during a criminal action, the evidence in an ancillary civil action may be considered as having been investigated.
A party or agent in the supplement civil action may state opinions regarding investigation in the preceding paragraph.
Article 500
(Fact Establishment)
A judgment for the supplement civil action shall be based on facts established in the criminal action; provided that this does not apply to a judgment pursuant to abandonment of cause of action.
Article 501
(Time of Judgment)
A judgment for supplement civil action shall be pronounced at the same time as the criminal action.
Article 502
(Ruling (I) – Overruled or Judgment against Defendant)
The court shall dismiss plaintiff’s suit by ruling upon finding it illegal or meritless.
The court shall enter a judgment against the defendant pursuant to plaintiff’s complaint upon finding the latter meritorious.
Article 503
(Ruling (II) – Overruled or Transferred to Civil Division)
The court shall dismiss plaintiff’s suit where the criminal action was pronounced not guilty, exempt from prosecution, or case dismissed; provided that the supplement civil action shall be transferred to the competent civil court where the plaintiff files a motion.
Unless an appeal is filed for criminal judgment, a ruling in the preceding paragraph cannot be appealed.
Litigation fees shall apply to cases transferred to the civil court specified in the proviso of Paragraph 1.
Where a private prosecution case is overruled by ruling, the court shall overrule by ruling plaintiff’s complaint and apply mutatis mutandis the preceding 3 paragraphs.
Article 504
(Ruling (III) – Transfer to the Civil Division)
The court may pronounce to transfer a supplement civil action to the civil division of the said court by a ruling of the collegiate bench upon finding such action complicated and cannot be resolved in a short time; provided that where the quorum for a collegiate bench cannot be reached, the president of the court may pronounce such ruling.
An action transferred pursuant to the preceding paragraph is exempt from the court costs.
One may not file an interlocutory appeal against ruling in the preceding paragraph.
Article 505
(Ruling (IV) – Transfer to the Civil Division)
Supplement civil action which applies the summary proceeding shall apply mutatis mutandis Articles 501 and 504.
An action transferred pursuant to the preceding paragraph is exempt from the court costs.
One may not file an interlocutory appeal against a ruling in the preceding paragraph.
Article 506
(Restriction to Appeal to the Third Instance)
Where a judgment in the second instance regarding a criminal action cannot be appealed to the court of third instance, the judgment of the second instance regarding the supplement civil action may be appeal to the court of third instance; provided that it is restricted by Article 466 of the Code of Civil Procedure.
An appeal in the preceding paragraph shall be tried in a civil division.
Article 507
(Omission of Reasons in Appeal to the Third Instance for a Supplement Civil Action)
Where a criminal judgment in the second instance has been appealed to the court of third instance, the reason for appeal may be omitted in the supplement civil action if it may be quoted from the written criminal appeal.
Article 508
(Judgment for Appeal to the Third Instance (I) - Overruled)
Where a court of third instance overrules an appeal for criminal action upon finding it meritless, it shall pronounce the following decisions for appeals regarding supplement civil action respectively:
1. Dismiss the appeal if there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action;
2. Where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the court shall set aside the original judgment and adjudicate the case; provided that where the hearing on facts is necessary, the court may transfer the case to the civil division of the original trial court or deliver it to or the civil division of other court of the same level as the original trial court.
Article 509
(Judgment for Appeal to the Third Instance (II) - Adjudication)
Where the court of third instance set aside the original judgment and adjudicates the case upon finding the appeal in criminal procedure meritorious, it shall pronounce the judgment in the appeal for supplement civil action as follows, respectively:
1. Where changes in the criminal judgment may affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the court shall set aside the original judgment and adjudicate the case; provided that where hearing on facts is necessary, the court may transfer the case to the civil division of the original trial court or deliver it to or the civil division of other court of the same level as the original trial court.
2. Where changes in the criminal judgment do not affect the supplement civil action, and where there is no violation of laws which may be a reason for appeal in the original judgment of the supplement civil action, the appeal shall be overruled.
Article 510
(Judgment for Appeal in the Third Instance (III) – Remand or Delivery)
Where the court of third instance set aside the original judgment and remands or delivers such case to the original trial court or other courts upon fining an appeal meritorious, it shall make the same judgment for the appeal for supplement civil action.
Article 511
(Ruling (V) – Transferred to a Civil Court)
Where a court shall only try a supplement civil action, it shall transfer the case to the civil division of the said court by ruling; unless the appeal for supplement civil action is illegal.
One may not file an interlocutory appeal against ruling in the preceding paragraph.
Article 512
(Retrial for Ancillary Civil Action)
Motion for retrial shall be filed to the division of the original judgment court pursuant to the Code of Civil Procedure for those who file a motion for retrial on the judgment of an ancillary civil action.