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@article{ART001318286},
author={CHOI BYUNG GAK},
title={Widening and Controlling of the Prosecutorial Discretion},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={43},
pages={637-663}

TY - JOUR
AU - CHOI BYUNG GAK
TI - Widening and Controlling of the Prosecutorial Discretion
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 43
PB - The Institute for Legal Studies Dong-A University
SP - 637
EP - 663
SN - 1225-3405
AB - The prosecutor monopolizes the authority to prosecute all crimes except that petty offences may be charged by the chief police officer in korea. Prosecutors exercise discretion to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges. The decision to prosecute or not shall be based on the sentencing factors related to the offender, the victim, the offence and the circumstance. The prosecutorial discretion is essential to avoid unnecessary prosecution and achieve early diversion. But in order to prevent prosecutors from abusing their power, some form of review of the resulting decisions should be permitted. The prosecutorial discretion widens by allowing partial prosecution and conditional suspension of prosecution. Prosecutors may opt to charge and try a defendant in separate prosecutions or under a multi-count indictment. Though there are some controversies on the boundary, the prosecutor is allowed to present secondary charges or alternative charges in a single prosecution. The conditional suspension of prosecution, in which the prosecutor put a burden on the offender, has been introduced with regard to handling juvenile delinquency, domestic violence and prostitution cases. The devices to control the power of the prosecutor are as follows. The appeal to higher prosecutors' office, the motion for order to the high court, the petition to the constitutional court and the special prosecutor by legislation. The new Criminal Procedure Act of 2007 has widened the object of the motion to all crimes and transformed court's order from quasi-prosecution to compulsory prosecution. But the right to initiate the motion should be endowed to the complainant who is not a victim. Providing for additional levels of review will improve decision-making of the prosecutor.
KW - prosecutorial discretion;partial prosecution;conditional suspension of prosecution;compulsory prosecution; prosecution
DO -
UR -
ER -

CHOI BYUNG GAK. (2009). Widening and Controlling of the Prosecutorial Discretion. DONG-A LAW REVIEW, 43, 637-663.

CHOI BYUNG GAK. 2009, "Widening and Controlling of the Prosecutorial Discretion", DONG-A LAW REVIEW, no.43, pp.637-663.

CHOI BYUNG GAK "Widening and Controlling of the Prosecutorial Discretion" DONG-A LAW REVIEW 43 pp.637-663 (2009) : 637.

CHOI BYUNG GAK. Widening and Controlling of the Prosecutorial Discretion. 2009; 43 : 637-663.

CHOI BYUNG GAK. "Widening and Controlling of the Prosecutorial Discretion" DONG-A LAW REVIEW no.43(2009) : 637-663.

CHOI BYUNG GAK. Widening and Controlling of the Prosecutorial Discretion. DONG-A LAW REVIEW, 43, 637-663.

CHOI BYUNG GAK. Widening and Controlling of the Prosecutorial Discretion. DONG-A LAW REVIEW. 2009; 43 637-663.

CHOI BYUNG GAK. Widening and Controlling of the Prosecutorial Discretion. 2009; 43 : 637-663.

CHOI BYUNG GAK. "Widening and Controlling of the Prosecutorial Discretion" DONG-A LAW REVIEW no.43(2009) : 637-663.