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Chapter IV Juvenile Criminal Cases
Article 65
Criminal prosecution and punishment against juvenile offenses are limited to matters transferred in accordance with Paragraphs 1 and 2 of Article 27.
Rules regarding private prosecution in the Code of Criminal Procedure shall not apply to juvenile criminal cases.
Rules in this Chapter apply to a juvenile who has reached the age of 18 after committing the crime.
Article 66
The prosecutor shall promptly initiate investigations on a juvenile criminal matter once such a matter is transferred from a juvenile court.
Article 67
Where a juvenile commits an offense with a maximum punishment of five (5) years imprisonment, a prosecutor, after conducting the investigation and taking into consideration Article 57 of the Criminal Code, deems it appropriate not to subject the juvenile to criminal prosecution but to apply protective measures, the prosecutor may make a decision to exempt the prosecution and transfer the matter to the juvenile court to be handled as a matter of juvenile protection. Where the prosecutor is of the view that the matter should be subject to criminal prosecution, the prosecutor shall prosecute the case before the juvenile court.
Where a matter has been transferred to a juvenile court to be handled as a matter of juvenile protection but the juvenile court made a renewed transfer for criminal prosecution, the prosecutor may not make a decision to exempt the prosecution and transfer the matter back to the juvenile court again to be handled as a matter of juvenile protection in accordance with the foregoing paragraph.
Article 68
(Deleted)
Article 69
Where a juvenile offence has already be covered by the pronouncement of protective measures in accordance with Article 42, no criminal action or punishment may be charged against the same matter, unless such protective measures had already been revoked in accordance with Article 45 or 47.
Article 70
Relevant regulations in Sections I and III of Chapter III shall apply mutatis mutandis to the investigation and trial of a juvenile criminal matter.
Article 71
A juvenile defendant may not be detained unless there are no alternatives.
A juvenile defendant shall be detained in a juvenile detention center; once reaching twenty (20) years of age, he/she shall be sent to a detention center.
The detention during investigation of a juvenile criminal matter by the juvenile court shall be deemed as detention before sentencing, to that Article 46 of the Criminal Code regarding sentence deduction shall apply mutatis mutandis.
Article 72
(Deleted)
Article 73
The trial may be held in private.
The qualifying provisions of Article 34 shall apply mutatis mutandis to a private hearing.
The court may not deny a request to make the trial public by a juvenile, his/her statutory agent, or a person who currently protects the juvenile, unless there are statutory reasons for a private hearing.
Article 74
For a juvenile criminal matter in Article 27 where a juvenile commits an offence with a maximum punishment of ten (10) years imprisonment, if the court finds such a juvenile forgivable, that a sentence reduced in accordance with Article 59 of the Criminal Code is still too heavy, and that a disposition of protective measures would be more appropriate, the court may remit the punishment and pronounce protective measures in accordance with Article 42, Paragraph 1, Subparagraphs 2 to 4 and may also pronounce dispositions pursuant to subparagraphs of Paragraph 2 of the same article in tandem.
Relevant rules in Section II of Chapter III shall apply to the execution of the disposition made in accordance with the foregoing paragraph.
Article 75
(Deleted)
Article 76
(Deleted)
Article 77
(Deleted)
Article 78
A juvenile may not be sentenced to deprivation of citizen’s rights or forced labor.
A juvenile shall be deemed to have never committed an offence when regulations related to citizen’s rights apply, if he/she is sentenced and has completed the punishment or been pardoned.
Article 79
Article 74 of the Criminal Code regarding sentence suspension shall only be applied to juveniles sentenced with punishments of less than three (3) years imprisonment, detention or fine.
Article 80
Articles 3, 8 and Paragraph 2 of Article 39 of the Prison Act shall be complied with when enforcing the sentencing on a juvenile inmate.
Article 81
A juvenile may be bailed out if he/she repents after seven (7) years of serving for life imprisonment, or after serving for more than one-third of limited imprisonment.
Where a juvenile was under punishment of imprisonment before the promulgation of this Act, or where a juvenile received a final sentence of imprisonment before the promulgation of this Act but was executed after the promulgation of this Act, the foregoing paragraph shall apply mutatis mutandis.
Article 82
A juvenile protection officer in the juvenile court shall execute the probation during sentence suspension or bail period.
Where the person subject to probation is less than twenty-three (23) years old, the prosecutor shall entrust a juvenile protection officer of a juvenile court to execute probation in the foregoing paragraph.