A document prepared by a public official shall bear the date and name of the public office concerned and the signature of the official preparing it.

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

A document prepared by a public official may not be changed by erasing, cutting out, or pasting over; if a character is added, crossed out, or appended, a seal must be affixed and the number of characters recorded; a trace must remain of a character crossed out so that it is recognizable.

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

When examining an accused, a private prosecutor, a witness, an expert witness, or an interpreter, records of the following matters shall be made at the time and place of the examination:
(1) The questions asked of the person examined and his/her statements;
(2) The reason, if a witness, an expert witness, or an interpreter did not sign an affidavit affirming to tell the truth;
(3) The date and place of the examination.
The records made in accordance with the preceding paragraph shall be read aloud to the person examined or he/she shall be permitted to read the records before inquiring of the person examined whether any mistakes exist in the said records. Where the person examined is the accused, the defense attorneys present may assist the accused in reading the records and may express his/her opinions on whether any mistakes exist in the said records.
Where the person examined or the defense attorneys that are present request an addition to, a redaction from, or any change to the records, a statement describing such a request shall be added to the records. The addition of the statement of the defense attorneys present to the records may only be made after the contents of the addition is explained to the accused.
The person examined shall be asked to affix his/her signature, seal, or fingerprint on the records immediately following the last line therein. Where the person examined refuses to affix his/her signature, seal, or fingerprint, the surrounding circumstances of such an occurrence shall be added to the records.

Records shall be made of a search, seizure, or inspection recording date, time, place, and other necessary facts.
Things seized shall be enumerated in detail in the records, or a separate inventory shall be appended.
A drawing or photograph may be made in an inspection and appended to the records.
Persons ordered by this Code to be present shall be ordered to affix his signature, seal, or fingerprint on records.

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

The records referred to in the preceding two articles shall be prepared by a clerk who is present; the public official who asks questions or conducts the search, seizure, or inspection shall affix his signature on the records; in the absence of a clerk, the public official who asks questions or conducts the search, seizure, or inspection may either personally prepare the records, or appoint another on duty public official who is present to do it.

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

The provisions of Article 41 and Article 42 shall apply mutatis mutandis to a public prosecuting affairs official, a judicial police officer, and a judicial policeman in conducting interrogation, search and seizure.
The interrogation records of a suspect as referred to in the preceding section shall be prepared by a person other than the one conducting the interrogation; provided that if the said can not be followed due to emergency or practical difficulty and if the proceeding has been audio or video recorded, it shall not be subject to the provision of the preceding paragraph.

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

On the trial date, trial records shall be prepared by a clerk, which shall include the following items and the entire proceedings:
(1) The court and the date of trial;
(2) The title and full name of the judge, public prosecutor and clerk and the full name of the private prosecutor, accused, agent, defense attorney, assistant, and interpreter;
(3) The reason for the nonappearance of the accused;
(4) The reason for in camera proceedings;
(5) The principal points of the opening statements made by the public prosecutor or private prosecutor;
(6) The principal points of the arguments;
(7) The matter specified in Items 1 and 2 of Section I of Article 41. However, the presiding judge may, after consulting the persons concerned, order the inclusion of the principal point only if the judge deems proper;
(8) The document read or explained in principle points to the accused in open court;
(9) The exhibit shown to the accused in open court;
(10) The seizure or inspection made in open court;
(11) The items recorded by the presiding judge's order and upon motion of the parties concerned with the approval of the presiding judge;
(12) The opportunity of making the final statement of the accused;
(13) The decision pronounced.
A person examined may request that parts of the record specified in the preceding section related to his statement be read aloud or that he be permitted to read it; if he requests an addition, crossing out, or alteration, his statements shall be recorded.

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

The entire proceeding on the trial date shall be recorded in audio, and if necessary, in video.
If parties, agent, defense attorney, or assistant has suspicion about mistakes or missing in trial records, he may make a motion prior to the next court session, or within seven days thereafter in the case the court argument has been completed, to request the playing of the audio or video records for the purpose of comparing and correcting the contents thereof. With the court's approval, the persons named in the preceding sentence may within the time period specified by the court, reduce the contents of the examination of the accused, private prosecutor, witness, expert witness, or interpreter and their statements to writing, based on the contents of the audio or video records recorded at the trial date, and present them to the court.
The contents of the documents specified in the last sentence of the preceding section, after affirmed by the clerk and deemed to be proper, may be made an appendix to the trial records. In such a case, the provision of Article 48 shall apply mutatis mutandis to it.

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

Trial records shall be put in proper order within three days after each session.

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

Trial records shall be signed by the presiding judge. Where the presiding judge is unavailable, the records shall be signed by the senior associate judge. Where the single judge that heard a case is unavailable, the records shall be solely signed by the clerk. Where the clerk is unavailable, the records shall be solely signed by the presiding judge or other judges. Reasons for the unavailability shall be noted in the records respectively.

Trial records shall be the exclusive proof of the proceedings of the trial.

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

If trial records incorporate a document as a part thereof or refer to it as appended thereto, matters recorded in such document have the same validity as the trial records.

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

With the permission of the presiding judge, a defense attorney may bring a stenographer to the court on the trial date.

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

A court decision shall be made in writing by a judge in a judgment or a ruling. But a ruling which an interlocutory appeal may not be taken against and is pronounced in the court may be ordered to be only recorded in the records.

A written decision, unless otherwise specifically provided, shall give the full name, sex, date of birth, identification number, and domicile or residence of persons to whom the decision is addressed. Where the written decision is in the form of a judgment, the name of the public prosecutor or private prosecutor, agent, and defense attorney shall also be recorded.
The original copy of a written decision shall be signed by all the judges who participated in making the decision. Where the presiding judge is unavailable to sign the decision, the senior associate judge shall make a note of the reason for the unavailability. Where a judge is unavailable to sign the decision, the presiding judge shall make a note of the reason for the unavailability.

A true copy of a written decision or the records containing such decision shall be made from the original by the clerk with the seal of the court and the following words thereon: "It is certified that this is an exact copy of the original."
The provisions of the preceding section shall apply mutatis mutandis to an indictment or a written ruling not to prosecute by a public prosecutor.

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

A written document made by a person, other than a public official, shall be dated and signed; where it is not made by such person himself, he shall affix his signature thereon; where he cannot sign his name, he shall have someone else print his name for him and then affix his seal or fingerprint on the document, provided that the person printing his name for him shall indicate the reason thereof and sign his own name.

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

Case documents which the court should preserve shall be filed by the clerk.
Disposition of case involving loss of court files shall be separately prescribed by law.

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