There are 3 (three) types of detention, as follows:

1. detention in a state detention center, the state detention center shall be managed by the minister who organizes government affairs in the correctional sector in the regency/city in the jurisdiction of the district court that determines the detention or the district court that tries the case. Should there be no state detention center in a regency/city, the detention shall be carried out in another detention center managed by either, (a) the minister who organizes government affairs in the correctional sector, or (b) a law enforcement institution that has the authority to carry out detention in coordination with the minister who organizes government affairs in the correctional sector, which is in the nearest regency/city.
    

2. house detention, the house detention shall be carried out at the residence or home of the suspect or defendant by supervising him/her to avoid anything that could cause difficulties in the investigation, prosecution, or examination in court. The time spent in house detention has a permanent legal force and shall act as a 1/3 (one-third) reducing factor of the total period of detention.
    

3. city detention, the city detention shall be carried out in the city where the suspect or defendant lives or resides, with the obligation for the suspect or defendant to report at the specified time. The time spent in house detention has a permanent legal force and shall act as a 1/5 (one-fifth) reducing factor of the total period of detention.

​

Under Law 20/2025, the suspension of detention may be granted by the investigator, public prosecutor, or judge according to their respective authorities, with or without a cash guarantee or personal guarantee based on specific conditions. Such personal guarantee may be provided by the family of the suspect or defendant, an advocate, or another person who has no relationship with the suspect or defendant, as long as they are willing and responsible to bear all risks and consequences that arise if the detainee escapes.

​

However, the investigator, public prosecutor, or a judge, may at any time revoke a suspension of detention if the suspect or defendant violates the conditions of guarantee. Specifically, should the public prosecutor files for an objection against the suspension of detention, the defendant shall remain in detention until the receival of Chief Judge of District Court.

The suspension of detention might be given should the suspect or defendant suffer from illness and is treated in hospital. Any time period spent in the suspension of detention and the re-detention is not counted as the period of detention.
 

• search

 

Investigator could carry out a search of (i) houses or buildings, (ii) clothing, (iii) bodies, (iv) means of transportation, (v) electronic information, (vi) electronic documents, and/or (vii) other objects. Prior to carrying out such search, the investigator shall submit an application for permission to the Chief Judge of the District Court, accompanied by the description of (i) the location of search, and (ii) the basis or facts believed that there is evidence related to the crime in that location. The investigator may only examine and/or confiscate evidence related to the crime during the search.

 

In the event of urgent circumstances, such as (i) difficulty in reaching geographical location, (ii) being caught in the act, (iii) potential attempts to damage and eliminate evidence, and/or (iv) situations based on the investigator’s assessment, then search could be carried out prior to receiving the permission from the Chief Judge of the District Court.[10] However, the investigator must request for such permission after the search, specifically within 2x24 (two times twenty-four) hours, and if the Chief Judge of the District Court rejects said request with his/her reasonings, then the result of such search could not be used as an evidence.

 

The investigator is required to provide the letter of assignment and the search permit from the Chief Judge of the District Court to the suspect or owner/occupant of the house or building, then carry out the search under the supervision of 2 (two) witnesses.[12] In the event the suspect or owner/occupant refuses the search, the search must then be witnessed by the village head/sub-district head or the head of the neighborhood association/neighborhood unit on top of 2 (two) witnesses. After every search, the investigator shall make minutes of search of the house or building, signed by the investigator, the suspect or owner/occupant of the house or building, witnesses, and the village head/sub-district head or the head of the neighborhood association/neighborhood unit.

 

Additionally, there are 3 (three) types of places in which the investigator is prohibited from conducting search, namely:

 

1. a room in which a session of the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, or the Regional People's Representative Council is taking place;

2. a room in which a religious service and/or ceremony is taking place; or

3. a room in which a court hearing is taking place.

 

​

• confiscation
   

The investigator must obtain permission from the Chief Judge of the District Court where the object is located to carry out confiscation. The request to such permission, at the very least, must contain: (i) type, (ii) quantity and value of the objects, (iii) location, and (iv) reason for confiscation. The Chief Judge of the District Court is required to carefully examine such letter within a maximum period of 2 (two) days from the date of the request, is able to request additional information, and must issue a decision on whether to approve or reject such request. In the event the objects are located in many locations, then the investigator may choose one of the District Courts whose jurisdiction covers the location of the object. In the event the object requested for confiscation are located abroad, then the Central Jakarta District Court has the authority to examine, adjudicate, and decide on the confiscation request.

 

In the event of urgent circumstances, such as (i) difficulty in reaching geographical location, (ii) being caught in the act, (iii) potential attempts to damage and eliminate evidence, and/or (iv) the objects or assets are easily moved, (v) there is a serious threat to national security or a person’s life that requires immediate action, and/or (vi) a situation based on the investigator’s assessment, then confiscation against movable objects could be carried out prior to receiving the permission from the Chief Judge of the District Court. However, the investigator must request for such permission after the confiscation within 5 (five) business days, and the Chief Judge of the District Court must issue a decision on whether to approve or reject such request within 2 (two) business days.

 

In the event of refusal, then such refusal must be accompanied by reasonings, and the confiscated object cannot be used as evidence.[8] Consequently, the investigator must immediately return the confiscated object or asset to the owner or party in control of the object at the time the confiscation is carried out within a maximum period of 3 (three) days from the date of the refusal.[9] The investigator may resubmit a request for confiscation for the same object only 1 (one) time.

 

The investigator is required to provide the confiscation order and the confiscation permit from the Chief Judge of the District Court to the owner or party in control of the object when carrying out confiscation, then carry out the confiscation under the supervision of 2 (two) witnesses. After carrying out confiscation, the investigator must provide a minutes of confiscation, signed by the investigator, the owner or party in control of the confiscated object, and witness. Within 2 (two) days after the confiscation, the investigator shall provide a copy of said confiscation order and confiscation permit as well as the minutes of confiscation to the owner or party in control of the object and to the Chief Judge of the District Court. In the event the owner or party in control of the object being confiscated is not present, then the foregoing procedure must be witnessed by the village head/sub-district head or the head of the neighborhood association/neighborhood unit on top of 2 (two) witnesses.

 

Principally, objects that may be confiscated are:

 

1. objects or bills of the suspect or defendant which are wholly or partly suspected of being obtained from a crime or as a result of a crime;

2. objects that have been used to commit a crime or to prepare for it;

3. objects used to obstruct the investigation of a crime;

4. objects specifically made or intended to commit a crime;

5. objects created from a crime; and/or

6. objects suspected of being the result of a crime, but the owner is unknown. Considering that the owner is unknown, then Chief Judge of the District Court shall announce the confiscation request so that the owner of the object can exercise his/her rights to file an objection. If there is no objection, then a Judge shall examine such confiscation request and decide within a maximum of 7 (seven) business days on whether the object is a state asset or is to be returned to the rightful party.

 

In the event of urgent circumstances, the investigator may confiscate: (i) objects that have been used to commit a crime, (ii) objects that are reasonably suspected of having been used to commit a crime, and/or (iii) other objects that can be used as evidence.[3] In addition, the investigator also has the authority to confiscate packages, letters, or objects  which transportation or delivery is carried out by the postal and telecommunications office, communications company, or transportation services company as long as the package, letter, or object is intended for the suspect or originates from the suspect.

 

The confiscated objects may be stored in, either, (i) a state-confiscated objects storage house, (ii) a place provided by investigators for the purposes of investigation, or (iii) a place provided by prosecutors for the purposes of prosecution.

 

In the event the confiscated objects are easily damaged or dangerous to the point that it is impossible to store them until the issuance of a final and legally binding court decision, then the objects may be secured, destroyed, or auctioned by the investigator or public prosecutor with the approval of the suspect or defendant and/or their advocates and witnessed by the investigator, public prosecutor, suspect, or defendant and/or their advocate. In the event the confiscated objects are auctioned, then it cannot be repurchased by the suspect or defendant and/or parties who have blood relations up to the second degree, marriage relations, and work or financial relations. The proceeds of such object are given to the entitled party no later than 30 (thirty) days after the issuance of a final and legally binding court decision in the event it is determined that said objects are not seized for the state.

 

Similarly, confiscated objects which are dangerous and prohibited from being circulated shall be destroyed with the permission of the Chief Judge of the District Court, with or without being witnessed by the suspect, defendant, or their advocate.

 

Confiscated objects shall be returned to the person who owns or controls the confiscated objects, or to the person who has the most right in the event that: (i) they are no longer needed for the purposes of investigation and prosecution, (ii) the case shall not be prosecuted because there is insufficient evidence or it turns out not to be a criminal act, or (iii) the case is set aside for the public interest or the case is closed by law, except if the object was obtained from a criminal act or was used to commit a criminal act. The return of confiscated object shall be carried out no later than 7 (seven) days form the time the objects are not needed. Likewise, if the case has been decided, the confiscated objects shall be returned to the entitled person, unless in accordance with the Judge's decision the objects are seized for the state or destroyed or if the objects are still needed as evidence in another case.

​​

• wiretapping, provisions regarding wiretapping are regulated by the law regarding wiretapping.
   

• examination of letters

 

The investigator has the right to open, examine, and confiscate letters sent via the post office, telecommunications company, or transportation company, if the letter is suspected for strong reasons to have a connection with the criminal case being investigated. Consequently, the investigator may request the head of the post office, the head of the telecommunications company, or the head of the transportation company to submit the letter in question and must provide a receipt. Examination of letters could be carried out at each stage of the examination in the judicial process.

 

In the event the letters are proven to be related to the case examined, then said letters shall be attached to the case file. On the contrary, the letters which do not have any relations to the case shall be returned after being stamped with the words “opened by the investigator” and the date, signature, and identity of the investigator. Investigator must keep the contents of such letter confidential at each stage of the examination.

 

After carrying out examination of letters, the investigator must prepare an official report and forward the copy of such report to the head of the post office, the head of the telecommunications company, or the head of the transportation company.

 

• blocking
   

The blocking may be carried out by the investigator, public prosecutor, or judge after obtaining permission from the Chief Judge of the District Court. Such application permission must, at the very least, contain the following information: (i) a description of the criminal act being processed, (ii) the basis or facts that indicate the object to be blocked has relevance to the crime being processed and the source of the basis or facts, and (iii) the form and purpose of the blocking that will be carried out on each object to be blocked.

 

The Chief Judge of the District Court must carefully examine the permit application within a maximum period of 2 (two) days from the date the permit application is submitted, and may request additional information from the investigator if needed. Blocking may only be carried out for a period of 1 (one) year and may be extended 2 (two) times for a period of 6 (six) months.

 

In the event of urgent circumstances, such as (i) the potential for the transfer of assets, (ii) the existence of a crime related to electronic information and transactions, (iii) there has been a conspiracy in an organized crime, and/or (iv) situations based on the Investigator's assessment, then blocking could be carried out prior to receiving the permission from the Chief Judge of the District Court. However, the investigator must request for such permission after the blocking, specifically within 2x24 (two times twenty-four) hours, and if the Chief Judge of the District Court rejects said request with his/her reasonings, then the result of such blocking must be revoked. Specifically, in the event the case is stopped at the investigation, prosecution stage, or based on a pre-trial decision regarding the invalidity of the determination of the suspect, the blocking must be opened within a maximum period of 3 (three) business days by the official who ordered the blocking by issuing a letter of order to revoke the blocking.

 

• prohibition for suspects or defendants to leave the territory of Indonesia
   

For the purposes of investigation, prosecution, or examination in court, investigators, public prosecutors, or judges have the authority to carry out prevention which is implemented in the form of a temporary prohibition against suspects or defendants from leaving the territory of Indonesia based on reasons in accordance with the law. This is carried out by coordinating and requesting the ministry that administers government affairs in the field of immigration. Such prevention shall be effective for a maximum of 6 (six) months and may be extended 1 (one) time for a maximum period of 6 (six) months.

 

​

Rights of the Suspects and Defendants

 

Both the suspects and the defendants are entitled to:

 

1. immediately undergo examination;

2. choose, contact, and receive assistance from an Advocate in every examination;

3. be clearly informed in a language they understand regarding what they are suspected or accused of;

4. be informed of their rights;

5. provide or refuse to provide information related to the suspicion or charge imposed on them;

6. receive assistance from a Translator or interpreter at all times;

7. receive Legal Services and/or Legal Aid;

8. contact, communicate, and receive visits from representatives of their country for Suspects or Defendants who are foreign citizens;

9. appoint a representative of a country to be contacted;

10. contact, communicate, and receive visits from doctors for the purposes of their health examination;

11. contact, communicate, and receive visits from clergy;

12. contact, communicate, and receive visits from Family, relatives, or other relations directly or through an Advocate;

13. send and receive letters from and to the Advocate and the Family of the Suspect or Defendant;

14. submit a request for a restorative justice mechanism;

15. seek and submit Witnesses and/or people with special expertise;

16. file claims for Damages and Rehabilitation; and/or

17. be free from torture, intimidation, inhumane or degrading acts of human dignity during the legal process carried out based on Law 20/2025.

​

Rights of Witnesses, Victims, Persons with Disabilities, Women, and Eldery People

 

Witness Rights
 

Witnesses are entitled to the following rights::

​

1. not to be prosecuted, either criminally or civilly, for testimony and/or reports that they will, are, or have given, unless the testimony or report is not given in good faith;

2. to choose, contact, and receive assistance from an advocate in every examination;

3. to receive legal aid;

4. to provide information without pressure;

5. to receive a translator or interpreter;

6. to be free from ensnaring questions;

7. to refuse to provide information that could incriminate themselves even though the witness has taken an oath or promise;

8. to receive protection for the security of their person, family, and property, and to be free from threats related to the testimony they will, are, or have given;

9. to have their identity kept confidential;

10. to receive reimbursement for transportation costs during the case handling process;

11. to participate in the process of selecting and determining the form of protection and security support;

12. to receive reimbursement for transportation costs during the service fulfillment process; and/or

13.  to be free from torture, intimidation, inhumane acts or degrading human dignity during the legal process carried out based on the provisions of this law.

​

Victim’s Rights

Victims are entitled to the following rights:

​

1. not to be prosecuted, either criminally or civilly, for testimony, reports, and/or complaints that will be, are being, or have been given, unless the testimony, reports, and/or complaints are not given in good faith;

2. choose, contact, and receive assistance from an advocate in every examination;

3. to provide information without pressure;

4. to receive a translator or interpreter;

5. to be free from ensnaring questions;

6. to receive information regarding the progress of the case;

7. to receive information regarding the court's decision;

8. to receive information in the event that the convict is released;

9. to receive protection for the security of themself, family, and property, and be free from threats related to the testimony that will be, are being, or have been given;

10. to have their identity kept confidential;

11. to receive reimbursement for transportation costs during the case handling process;

12. to submit restitution through a lawsuit;

13. to carry out the restorative justice mechanism;

14. to participate in the process of selecting and determining the form of protection and security support;

15. to receive medical assistance and psychosocial and psychological rehabilitation;

16. to receive legal advice;

17. to receive assistance from a companion at every examination in the judicial process;

18. to receive temporary residence;

19. to receive temporary financial assistance until the protection period ends;

20. to receive reimbursement for transportation costs during the service fulfillment process;

21. to receive a new identity;

22. to receive restitution through a court decision submitted after the court decision had permanent legal force;

23. to receive a new residence;

24. to submit a written or verbal statement regarding the impact of the criminal act they experienced; and/or

25. to be free from torture, intimidation, inhumane or degrading acts of human dignity during the legal process;

26. carried out based on the provisions of this law.

27. Rights of Persons with Disabilities

​

Persons with disabilities are entitled to appropriate services and infrastructure tailored to the type of disability they have at every stage of the examination process.

 

For perpetrators of criminal acts who cannot be held criminally responsible due to severe mental and/or intellectual disabilities, as referred to in the Criminal Code, the court may impose measures in the form of rehabilitation or treatment.

​

Women’s Right

 

Women who are in conflict with the law may hold the status of suspects, defendants, convicts, witnesses, or victims. In such circumstances, they are entitled to the following rights:

 

1. to receive treatment free from attitudes and testimonies that are demeaning, blaming, and/or
   intimidating in every stage of the examination;

2. to receive consideration of the situation and interests of disproportionate losses due to gender inequality;

3. to receive a companion in every stage of the examination;

4. to have their testimonies heard through long-distance audio-visual communication in the local court or elsewhere, if their mental condition is unhealthy due to fear/psychological trauma based on the assessment of a doctor or psychologist; and/or

5. to receive specific considerations based on gender vulnerabilities and needs in every decision of the investigator, public prosecutor, or judge in carrying out all the authorities in this law.

 

Rights of the Elderly

 

Elderly persons may hold the status of suspects, defendants, convicts, witnesses, or victims. They are entitled to the following rights:

​

1. special services, facilities, and infrastructure that are appropriate to their physical and psychological condition at each stage of the examination;

2. receive advanced health services; and/or

3. as far as possible not to be sentenced to prison for defendants aged over 75 (seventy-five) years based on the judge's consideration in accordance with the provisions of the law governing the criminal code.

​

Advocates and Legal Aid

 

Advocates

 

Advocates are law enforcers who carry out legal services in accordance with professional ethics and are guaranteed protection under the law and applicable regulations. Advocates are entitled to the following rights:

 

1. provide legal services and/or legal aid at the request of a suspect, defendant, witness, or victim;

2. contact, communicate, and visit a suspect, defendant, witness, or victim from the time of arrest or detention at all stages of the examination and at any time for the purpose of defending their case;

3. provide legal advice to a suspect, defendant, witness, or victim regarding their rights and obligations in the criminal justice process;

4. accompany suspect, defendant, witness, and victim at all stages of the examination;

5. request the relevant official to provide a copy of the official report of the suspect's examination for the purpose of the suspect's defense immediately after the completion of the examination;

6. send and receive letters from the suspect or defendant whenever desired by them;

7. attend court hearings and submit defenses for the defendant;

8. be free to issue opinions or testimonies at every stage of the court examination to provide defense for the defendant;

9. request information from witnesses and experts in court hearings;

10. request relevant documents and evidence to assist the defense; and/or

11. submit evidence that mitigates the defendant in the examination process in court hearing.

 

Advocates are obligated to provide legal aid, adhere to the professional code of ethics, and comply with all applicable laws and regulations.

​

Legal Aid

Legal aid shall be provided to suspects or defendants, as well as reporters, complainants, witnesses, or victims who are financially unable, at every stage of the examination process.

 

Official Report

An official report shall be prepared for every action required in the resolution of a case, including: (a) examination of the suspect, (b) arrest, (c) detention, (d) search, (e)confiscation of objects, (f) wiretapping, (g) examination of letters, (h) blocking, (i) taking testimonies from witnesses, (j) examination at the scene, (k) taking expert testimony, (l) implementing the judge's decision and court decision, (m) auctioning evidence, (n) eliminating evidence; and (o) implementing other legal actions in accordance with the provisions of this law.

 

Damage, Rehabilitation, Restitution, and Compensation
 

Damage

 

Suspects, defendants, or convicts have the right to claim damages for being arrested, detained, prosecuted, tried, or subjected to other actions without a valid reason based on the law or because of an error regarding the person or the law applied. Claims for damage by a suspect or their heirs for arrest or detention and other actions without a valid reason based on the law or due to an error regarding the person or law applied shall be decided in a pre-trial hearing.

​

The decision to award damage shall be in the form of a decision. Payment of damage that has been determined by the court comes from an endowment fund for the payment of damage, rehabilitation, restitution, and compensation. Damage payments shall be made within a maximum period of 14 (fourteen) business days from the date the damage application is received by the institution that manages the endowment fund for damage, rehabilitation, restitution, and compensation payment.
 

Rehabilitation

 

A person has the right to receive rehabilitation if the court acquits or dismisses them from all legal charges, the decision of which has permanent legal force. Rehabilitation shall include social rehabilitation, medical rehabilitation, social empowerment, and social reintegration. This rehabilitation shall be granted and included simultaneously in the court decision.

 

Restitution

 

Victims shall be entitled to receive restitution. Restitution shall be in the form of: (a) damages for loss of wealth or income, (b) damages for losses incurred due to suffering directly related to the result of the crime; and/or (c) reimbursement of medical and/or psychological care costs.

 

Investigators, public prosecutors, and judges must notify the right to restitution to victims and institutions carrying out duties and functions in the field of witness and victim protection in accordance with the provisions of laws and regulations. Restitution shall be returned to the perpetrator if the defendant is acquitted or released from all legal charges. Restitution shall be given within a maximum period of 30 (thirty) days from the date a copy of the court decision is received.

 

Compensation

 

The victim shall be entitled to receive compensation. Compensation shall be in the form of (a) damages for loss of wealth or income, (b) damages caused by suffering directly related to the result of the crime; and/or (c) reimbursement of medical and/or psychological care cost. Compensation shall be provided within a maximum of 30 (thirty) days from the date a copy of the court decision is received. The prosecutor shall prepare an official report on the implementation of compensation and submit it to the victim.

 

Merging Damages Cases

 

If an act that forms the basis of an indictment in a criminal case trial by a district court causes harm to another person, the presiding judge at the request of that person may decide to merge the damages lawsuit with the criminal case. If the injured party requests the merging of their lawsuit case with the criminal, the district court shall consider its authority to Adjudicate the lawsuit, the truth of the basis of the lawsuit, and the penalty for reimbursement of costs incurred by the injured party. The decision regarding damages automatically has permanent legal force, if the criminal decision also has permanent legal force.

 

Examination in Court Session

 

Summons and Indictments

 

The public prosecutor shall legally summons the defendant to appear at the court hearing at their residential address.

​

1. if the defendant's address or residence is unknown, the summons shall be served at the defendant's last residence;

2. if the defendant is not at their residence or at their last residence, the summons shall be served through the village head/sub-district head or other name in the jurisdiction where the defendant lives or last resides; and

3. if the defendant is detained in a state detention center, the summons shall be served to the defendant through the state detention center official.

 

In the case where the defendant is a corporation, the summons shall be delivered to the management at the corporation's domicile as stated in the corporation's articles of association.

​

The public prosecutor shall deliver a summons to the defendant containing the date, day, and time of the trial, as well as the type of case.

 

Deciding on Disputes Regarding the Authority to Adjudicate

 

After the district court receives a letter of transfer of the case from the public prosecutor, the head of the district court shall study whether the case submitted falls within the authority of the court they lead.

 

In the event that the head of the district court is of the opinion that the criminal case does not fall within the authority of the court they lead, but falls within the authority of another district court, the head of the district court shall submit a letter of transfer of the case to another district court which is deemed to have the authority to Adjudicate it with a decision letter containing the reasons for the transfer of the case.

​

In the event that the public prosecutor objects to the decision letter of the district court, the public prosecutor shall submit the objection to the high court which jurisdiction covers the location of the relevant district court within a maximum period of 7 (seven) Days from the date the decision letter is received.

​

Disputes regarding the authority to adjudicate shall occur if (a) 2 (two) or more courts declare themselves authorized to adjudicate the same case; or (b) 2 (two) or more courts declare themselves not authorized to adjudicate the same case. The high court shall decide disputes regarding the authority to adjudicate between 2 (two) or more district courts domiciled within its jurisdiction.

​

Odinary Examination Procedure

 

If the district court receives a letter of transfer of the case and is of the opinion that the case falls within its jurisdiction, the chief justice shall appoint a judge who will hear the case. On the day and date of the examination hearing:

 

1. the public prosecutor, defendant and/or defendant's advocate shall present witnesses and/or experts to have their testimonies heard; and/or

2. the public prosecutor and/or defendant shall appear in person to have their testimonies heard, unless there is a strong reason not to present the defendant.

 

On the appointed trial day, the court must open the trial.[3] The presiding judge shall lead the examination at the court hearing which shall be conducted orally in indonesian which is understood by the defendant and the witness.

​

If the defendant has been legally summoned but does not appear at the hearing without a valid reason, the examination of the case cannot be carried out and the presiding judge will order that the defendant be summoned once again.

​

At the beginning of the trial, the presiding judge shall ask the defendant about their full name, place of birth, age or date of birth, gender, nationality, place of residence, religion, and occupation, and remind the defendant to pay attention to everything they hear and see in the trial.

 

Evidence

 

Evidence shall consist of: a. witness testimony, b. expert testimony; c. letters; d. defendant's testimony; e. evidence; f. electronic evidence; g. judge's observations; and h. anything that can be used for the purposes of proof in court proceedings as long as it is obtained in a legal manner.

 

 

Brief Examination Procedure

 

Cases examined according to the short examination procedure are cases in which the public prosecutor considers the proof and application of the law easy and simple in nature. In the examination of cases, the public prosecutor presents the defendant along with witnesses, evidence, experts, and interpreters if necessary.

 

Quick Examination Procedure

 

The examination of minor crimes as referred to in the criminal code is conducted through a quick examination procedure. Cases examined according to the quick examination procedure are cases that are threatened with a maximum prison sentence of 6 (six) months and/or a maximum fine of category II. The investigator, under the authority of the public prosecutor, within a period of 3 (three) days from the completion of the quick examination report, will bring the defendant along with evidence, witnesses, experts, translators, or interpreters to court.

 

Ordinary Legal Remedies

​

Appellate Remedy

​

All costs incurred for the purposes of examination in the court hearing shall be borne by the State. An appeal may be filed by the Defendant or the Defendant’s counsel, as well as by the Public Prosecutor.  The appeal application must be received by the Clerk of the District Court within seven (7) days after the judgment is rendered, or after the judgment is served upon a Defendant who was not present. In the event the District Court receives an appeal filed by: (a) the Public Prosecutor or the Defendant or the Defendant’s counsel; or (b) both the Public Prosecutor and the Defendant or the Defendant’s counsel concurrently, the Clerk shall notify the opposing party of the appeal filed by the other party. If the period for filing the appeal has elapsed without an appeal being filed, then the Defendant or the Defendant’s counsel and/or the Public Prosecutor shall be deemed to have accepted the court’s judgment.

​

So long as the appeal has not yet been decided by the High Court, the appeal may be withdrawn at any time.[6] If the appeal has been withdrawn, no further appeal may be filed in respect of that case.

​

Within no later than fourteen (14) days from the date the appeal is filed, the Clerk shall transmit to the High Court a copy of the District Court’s judgment, the case file/record, and the documentary evidence. The appellant shall be given an opportunity to review the case record at the District Court no later than seven (7) days prior to the transmission of the case record to the High Court.

​

Where the Public Prosecutor files an appeal, the Public Prosecutor shall submit an appellate brief (memorandum of appeal). Where the Defendant files an appeal, the Defendant may submit an appellate brief (memorandum of appeal). The appellate brief (memorandum of appeal) shall be filed no later than seven (7) days after the appeal is filed. If the seven (7)-day period has elapsed and the Public Prosecutor, as the appellant, fails to file an appellate brief (memorandum of appeal), the appeal shall be deemed withdrawn.

​

In the appellate brief (memorandum of appeal), the Public Prosecutor and/or the Defendant may request that a witness and/or expert who has already testified at the first instance be re-examined by the High Court. Such request shall be accompanied by the reasons why the witness and/or expert must be heard again by the High Court.

​

Appellate review shall be conducted by the High Court, sitting in a panel of at least three (3) judges, on the basis of the case file received from the District Court, consisting of: the investigation records prepared by the Investigator; the minutes/transcript of proceedings before the District Court; all documents generated in the hearing related to the case; and the District Court’s judgment Authority to determine detention shall transfer to the High Court as of the time the appeal is filed. Within no later than three (3) days from the date the appellate case file is received from the District Court, the Chief Judge of the High Court shall appoint the judge/panel of judges to hear the appeal. Within no later than three (3) days after the appointment of the judge/panel, the judge/panel of the High Court shall review the case file in order to determine: (a) whether the Defendant should remain in detention or be released, either on the court’s own motion or at the Defendant’s request; and/or (b) whether any witness and/or expert should be summoned and re-examined to provide further testimony. The judge/panel of the High Court may, if deemed necessary, summon and examine the Defendant, the Public Prosecutor, and any witness and/or expert to hear their testimony directly, even if no request has been made for them to be heard again. If the period of detention imposed on the Defendant has reached a duration equal to the sentence imposed by the District Court, the Defendant shall be released immediately.

​

If, in the appellate proceedings, a convicted Defendant is held in custody, the High Court shall, in its decision, order that the Defendant either remain in custody or be released. The High Court shall notify the Defendant and the Public Prosecutor of the date scheduled for the pronouncement of the decision. The High Court’s decision shall be pronounced in a hearing open to the public. In the event the date for pronouncement of the decision is changed, the High Court shall notify the Defendant and the Public Prosecutor accordingly. The hearing for the pronouncement of the decision may be attended by the Defendant and/or the Public Prosecutor, either in person or by electronic means.

 

Cassation Remedy

​

Against a criminal judgment rendered at the final instance by a court other than the Supreme Court, the Defendant or the Public Prosecutor may file a petition for cassation review with the Supreme Court. A petition for cassation review as referred to in paragraph (1) may not be filed against: (a) an acquittal; (b) a judgment granting judicial pardon; (c) a judgment imposing a measure; (d) a judgment for an offense punishable by imprisonment of no more than five (5) years or a Category V fine; and (e) a judgment reviewed under the summary (expedited) procedure. The petition for cassation shall be submitted by the petitioner no later than fourteen (14) days from the date the judgment sought to be reviewed on cassation is pronounced in a hearing open to the publicIn the event the District Court receives a petition for cassation filed by: (a) the Public Prosecutor or the Defendant; or (b) both the Public Prosecutor and the Defendant concurrently, the Clerk shall notify the opposing party of the petition filed by the other party.

​

If the fourteen (14)-day period for filing a petition for cassation elapses without a petition being filed by the relevant party, the Defendant or the Defendant’s counsel, or the Public Prosecutor, as applicable, shall be deemed to have accepted the judgment. If the petitioner files the petition for cassation after the fourteen (14)-day period, the right to seek cassation shall be forfeited.

​

So long as the cassation petition has not yet been decided by the Supreme Court, the petition for cassation may be withdrawn at any time. In the event of withdrawal of the cassation petition, no subsequent petition for cassation may be filed. Where examination of the case has commenced and no decision has yet been rendered, but the petitioner withdraws the petition for cassation, the petitioner shall bear the court costs incurred up to the time of such withdrawal. A petition for cassation may be filed only once.

​

The cassation petitioner shall submit a cassation memorandum setting forth the grounds for the petition and, within fourteen (14) days after filing the petition, must deliver it to the Clerk, who shall issue a written receipt therefor.[9] Where the cassation petitioner is a Defendant with limited understanding of the law, the Clerk, upon receiving the petition for cassation, shall inquire as to the grounds for the petition and shall prepare the cassation memorandum accordingly. If the cassation petitioner fails to submit the cassation memorandum within the fourteen (14)-day period, the right to seek cassation shall be forfeited. A copy of the cassation memorandum filed by either party shall be served by the Clerk upon the other party, and that other party shall be entitled to submit a counter-memorandum in cassation. If either party considers that something further should be added to the cassation memorandum or the counter-memorandum in cassation, the relevant party shall be afforded an opportunity to submit such supplement no later than fourteen (14) days after the filing of the petition for cassation.

​

Cassation review shall be conducted by the Supreme Court upon the parties’ petition to determine whether: (a) a statutory or regulatory provision was not applied or was misapplied; (b) the manner of adjudication was not carried out in accordance with applicable laws and regulations; and/or (c) the court exceeded its jurisdiction. Cassation review shall be conducted by a panel of at least three (3) judges on the basis of the case file received by the Supreme Court from the lower court. Where the Supreme Court accepts a petition for cassation, the Supreme Court shall decide questions of law only and shall not review questions of fact or evidentiary matters. If the Supreme Court grants the petition for cassation, it shall set aside the judgment sought to be reviewed on cassation.

 

Extraordinary Legal Remedies

 

Cassation Review in the Interest of the Law

 

A final and binding judgment rendered by a court other than the Supreme Court may be the subject of a petition for cassation in the interest of the law, filed once by the Attorney General. A cassation decision in the interest of the law as referred to in paragraph (1) shall not prejudice the interested party. The petition for cassation in the interest of the law shall be submitted in writing by the Attorney General to the Supreme Court through the Clerk of the court that rendered the first-instance decision, accompanied by a statement setting forth the grounds for such petition. The Chief Judge of the court shall, within no later than two (2) days, forward such petition to the Supreme Court. A copy of the Supreme Court’s cassation decision in the interest of the law shall be transmitted to the Attorney General and to the relevant court, together with the case file.

 

Judicial Review of a Court Judgment Having Final and Binding Legal Force

 

Against a court judgment that has obtained final and binding legal force, the convicted person may submit a request for judicial review to the Supreme Court. Such request for judicial review may be filed only by the convicted person or the convicted person’s heirs. Where the convicted person has died, the request may be filed by the surviving spouse, parent(s), child(ren), or sibling(s). A request by the convicted person, or by the surviving spouse, parent(s), child(ren), or sibling(s), may be made through an advocate specifically authorized for that purpose. A request for judicial review may be made on the following grounds: (a) where there are new circumstances or newly discovered evidence giving rise to a strong presumption that, had such circumstances or evidence been known while the trial was ongoing, the outcome could have been an acquittal, a dismissal of all charges, a finding that the Public Prosecutor’s charges are inadmissible, or the application of a more lenient penal provision; (b) where one or more judges who imposed the sentence are proven, by a final and binding decision, to have wrongfully accepted a gift or promise from a person in the criminal case in which such judge sat, with the intent of influencing a finding of guilt against the Defendant or of imposing a heavier sentence than warranted; and/or (c) where the judgment clearly demonstrates a judicial mistake or an obvious error. A request for judicial review may be filed only once, except where there are new circumstances or newly discovered evidence, or where there is a conflict between two (2) judgments that have obtained final and binding legal force.

​

The applicant shall file the request for judicial review with the Clerk of the court that rendered the first-instance judgment, stating the grounds therefor. A request for judicial review is not subject to any filing time limit. The request for judicial review shall be filed no later than six (6) months from the date the judgment becomes final and binding.

​

After receiving the request for judicial review, the Chief Judge of the District Court shall appoint a judge who did not hear the original case that is the subject of the judicial review to examine whether the request satisfies the stated grounds for seeking judicial review.[8] Where the Supreme Court is of the view that the request for judicial review is admissible for examination, the following provisions shall apply: (a) if the Supreme Court does not uphold the applicant’s grounds, it shall deny the request for judicial review and declare that the judgment sought to be reviewed remains in force, stating its reasons; and (b) if the Supreme Court upholds the applicant’s grounds, it shall set aside the judgment sought to be reviewed and render a decision that may take the form of: (1) an acquittal; (2) a decision releasing the accused from all legal charges; (3) a decision declaring the Public Prosecutor’s charges inadmissible; or (4) a decision applying a more lenient penal provision. Where the convicted person has already served the sentence under the judgment for which judicial review is sought, and the judicial review decision results in an acquittal, a release from all legal charges, a decision declaring the Public Prosecutor’s charges inadmissible, or the application of a more lenient penal provision, the applicant for judicial review or the applicant’s heirs shall be entitled to compensation and rehabilitation. Except for the execution of the death penalty and the destruction or disposal of evidence, a request for judicial review of a judgment shall not suspend or stay the enforcement of that judgment. Where the Supreme Court has accepted the request for judicial review and the applicant dies, the decision as to whether the judicial review proceedings will be continued shall rest with the applicant’s heirs.

​

A request for judicial review of a judgment shall not suspend or stay the enforcement of that judgment. Where the Supreme Court has accepted a request for judicial review and, in the meantime, the applicant dies, the determination as to whether the judicial review proceedings will be continued shall rest with the applicant’s heirs.

 

Corporation

 

Criminal liability for offenses committed by a corporation shall be imposed on the corporation and the persons responsible for the corporation. The persons responsible for the corporation include: (a) managers or officers holding functional positions within the corporation’s organizational structure; (b) the person giving the order; (c) the controlling person; or (d) the beneficial owner.

 

Inquiry and Investigation

 

A summons to a corporation at the inquiry stage may be represented by the persons responsible for the corporation.The Investigator conducting the examination of a corporation shall summon the corporation—represented by the persons responsible for the corporation—by means of a valid summons. The persons responsible for the corporation shall be required to appear at the corporation’s examination. Where a corporation has been lawfully summoned but fails to appear, refuses to appear, or does not designate a person responsible for the corporation to represent it in the examination, the Investigator shall designate one of the persons responsible for the corporation to represent the corporation and shall issue a second summons, with an order to the officer to compel the appearance of such person responsible for the corporation. The provisions governing the restorative justice mechanism for corporations shall apply subject to the following conditions: (a) the offense is the corporation’s first offense; (b) the corporation provides compensation or restitution to the victim and/or compensation to the State; and/or (c) other corrective measures deemed necessary by the Investigator.

 

Deferred Prosecution Agreement

 

A Deferred Prosecution Agreement is intended to promote legal compliance, provide remediation for losses arising from criminal offenses, and improve efficiency in the criminal justice process.[8] A Deferred Prosecution Agreement may be applied only to offenses committed by a corporation. An application for a Deferred Prosecution Agreement may be submitted by the Suspect, the Defendant, or counsel to the Public Prosecutor before the case is referred to the court. The Public Prosecutor may approve or deny the application based on considerations of justice, the victim’s interests, and the Defendant’s compliance with applicable laws and regulations. Where the Public Prosecutor approves the application, the Public Prosecutor shall notify the relevant court that the Deferred Prosecution Agreement process will be carried out, and such notification shall be recorded in the official minutes. Where the Judge approves the Deferred Prosecution Agreement, such approval shall be set forth in a court order, and the case shall be deferred in accordance with the agreement. Where the Judge denies the Deferred Prosecution Agreement, the case shall proceed to trial under the ordinary procedure. The terms of a Deferred Prosecution Agreement may include: (a) payment of compensation or restitution to the victim; (b) implementation of a legal compliance program or corporate governance improvements aimed at preventing corruption; (c) reporting obligations and cooperation with law enforcement during the deferral period; or (d) other corrective measures deemed necessary by the Public Prosecutor. Where the Suspect or Defendant fulfills all obligations under the Deferred Prosecution Agreement within the prescribed period, the case may be dismissed without further prosecution by order of the court.[16] Where the Suspect or Defendant fails to fulfill the obligations under the Deferred Prosecution Agreement, the Public Prosecutor is authorized to resume the prosecution without requiring any further approval.

 

Indictment

 

The indictment against a corporation shall be prepared in accordance with the provisions of this Law. The indictment shall include the following:

 

• the corporation’s identifying information, consisting of:
   

1. the corporation’s name;

2. the place and date of establishment and/or the number of its articles of association/deed of establishment/bylaws/document/agreement, as well as the most recent amendments;

3. its registered office (domicile);

4. the corporation’s nationality;

5. the type of corporation;

6. the nature of its business/activities; and

7. the identifying information of the person responsible for the corporation acting as its representative.

 

• a careful, clear, and complete description of the charged criminal offense, stating the time and place where the offense was committed.

​

Corporate Liability
 

A corporation may be held liable in the event of a merger, consolidation, separation (spin-off), or dissolution of the corporation.

 

Imposition of Criminal Penalties and Measures
 

The Judge may impose a sentence and/or measures against the corporation. In imposing the sentence and/or measures as referred to in paragraph (1), the Judge shall act pursuant to any Law that prescribes criminal penalties applicable to corporations. The imposition of criminal penalties and/or measures against a corporation as referred to in paragraph (1) shall not preclude the imposition of criminal penalties on other perpetrators who, pursuant to applicable laws and regulations, are proven to have been involved in the offense. The corporation and the persons responsible for the corporation may be jointly charged as co-defendants.

 

Judgement

​

The Judge shall impose on the corporation a sentence consisting of principal penalties and/or additional penalties. The principal penalty that may be imposed on a corporation is a fine. Additional penalties may be imposed on a corporation in accordance with applicable laws and regulations.

​

Enforcement of Judgment

​

Enforcement of the judgment shall be carried out on the basis of a court judgment that has become final and binding. An official extract of the judgment may serve as the basis for enforcement of the judgment. Where a corporation is sentenced to pay a fine, the fine shall be paid within one (1) month from the date the judgment becomes final and binding. Where there are compelling reasons, the one (1)-month period may be extended for up to an additional one (1) month. If the convicted corporation fails to pay the fine, the corporation’s assets shall be seized by the Prosecutor with the authorization of the Chief Judge of the District Court and auctioned with the assistance of the State Auction Office to satisfy the fine. Enforcement of the judgment shall be attended by the supervising judge and the prosecutor handling the case.

​

Where a person responsible for the corporation is sentenced to pay a fine, the fine shall be paid within one (1) month from the date the judgment becomes final and binding. Where there are compelling reasons, the one (1)-month period may be extended for up to an additional one (1) month. If a person responsible for the corporation fails to pay the fine, in whole or in part, the corporation’s assets shall be seized by the Prosecutor with the authorization of the Chief Judge of the District Court and auctioned with the assistance of the State Auction Office to satisfy the unpaid fine.

 

Enforcement of Additional Penalties Against a Corporation

​

Additional penalties against a corporation shall be enforced pursuant to the court’s judgment. Where a corporation is subject to an additional penalty in the form of forfeiture of property obtained from the offense, such forfeiture shall be carried out no later than one (1) month from the date the judgment becomes final and binding. Where there are compelling reasons, the one (1)-month period may be extended for up to an additional one (1) month. Where there are proceeds in the form of corporate assets arising from the criminal offense, all such proceeds shall be seized and forfeited to the State.

​

Where a corporation is subject to an additional penalty in the form of compensation or restitution, the procedure for its enforcement shall be carried out in accordance with applicable laws and regulations. Where a corporation is subject to an additional penalty in the form of compensation or restitution, such compensation or restitution shall be paid no later than one (1) month from the date the judgment becomes final and binding. Where there are compelling reasons, the one (1)-month period may be extended for up to an additional one (1) month. If the corporation fails to pay compensation or restitution, the corporation’s assets shall be seized by the Prosecutor with the authorization of the Chief Judge of the District Court and auctioned with the assistance of the State Auction Office to satisfy the compensation or restitution.

 

​