CHAPTER  X DETENTION OF ACCUSED

Article 101
An accused may be detained after he has been examined by a judge and is strongly suspected of having committed an offense, and due to the existence of one of the following circumstances it is apparent that there will be difficulties in prosecution, trial, or execution of sentence unless the detention of the accused is ordered:
(1) He has absconded, or there are facts sufficient to justify an apprehension that he may abscond;
(2) There are facts sufficient to justify an apprehension that he may destroy, forge, or alter evidence, or conspire with a co-offender or witness;
(3) He has committed an offense punishable with the death penalty, life imprisonment, or a minimum punishment of imprisonment for no less than five years.
At the time a judge is making the examination in accordance with the provision of the preceding section, the public prosecutor may be present and state the reason for applying detention order and present necessary evidence.
The accused and his defense attorney shall be informed of the facts based to support the detention of an accused as specified in section I of this article.  The same shall be stated in the record.

Article 101-1
An accused may be detained, if necessary, after he has been examined by a judge and is strongly suspected of committing one of the following offenses, and if there are facts sufficient to justify an apprehension that he may re-commit the same offense again:
(1) The offense of Arson as provided in sections I, II, and IV of Article 174, and sections I and II of Article 175, and the offense of constructive arson as provided in Article 176 of Criminal Code;
(2) The offense of Forced Sexual Intercourse as provided in Article 221, the offense of Forced Obscene Act as provided in Article 224, the offense of Aggravated Forced Obscene as provided in Article 214-1, the offense of Sexual Intercourse or Obscene Act against an insane person as provided in Article 225, the offense of Sexual Intercourse or Obscene Act against under aged child as provided in Article 227, the offense of Battery as provided in Article 277-1 of the Criminal Code.  For the case chargeable only upon a complaint, if a complaint is not filed or has been withdrawn, or if the period of time for filing the compliant has lapsed, then this section shall not apply;
(3) The offense of False Imprisonment as provided in Article 302 of Criminal Code;
(4) The offense of Forcing as provided in Article 304, and offense of Threaten to Personal Security as provided in Article 305 of Criminal Code;
(5) The offense of Larceny as provided in Articles 312 and 322 of Criminal Code;
(6) The offense of Abrupt Taking as provided in Articles 325 through 327 of Criminal Code;
(7) The offense of commission of Fraudulent as an Occupation as provided in Article 340 of Criminal Code;
(8) The offense of Extortion as provided in Article 346 of Criminal Code.
The provisions of sections II and IV of the preceding article shall apply mutatis mutandis to the preceding section.

Article 101-2
After examining the accused, despite the existence of the circumstances specified in section I of Article 101 and section I of Article 101-1, the judge may nevertheless order that the accused be released on bail, or to the custody of another, or with a limitation on his residence if the detention is deemed unnecessary.  If the circumstances specified in Article 114 exist, detention shall not be permitted unless that the accused is released on bail, or to the custody of another, or with a limitation on his residence is not workable.

Article 102
A writ of detention is necessary to detain an accused.
A writ of detention shall be fingerprinted by the accused, and specify the following matters:
(1) Full name, sex, age, place of birth, and domicile or residence of the accused;
(2) Offense and article of the Code charged;
(3) Reason for detention and the facts based upon;
(4) Place of detention;
(5) Time period of detention and its starting date;
(6) Remedy available for challenging the order of detention.
The provisions of section III of Article 71 shall apply mutatis mutandis to a writ of detention.
A writ of detention shall be signed by a judge.

Article 103
The execution of detention shall be, during the stage of investigation, administered by a public prosecutor, and during the stage of trial, administered by the presiding or commissioned judge.  A writ of detention shall be executed by a judicial policeman by sending the accused to the specified detention house; the officer in charge of the house shall, after confirming the identity of the accused, note the date and time of the admission on the writ of detention and sign his name.
In the execution of a writ of detention, the writ shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused.
The provisions of Articles 81, 89, and 90 shall apply mutatis mutandis to the execution of detention.

Article 103-1
In the proceeding of investigation, if the public prosecutor, the accused, or his defense attorney deems that it is necessary for the protection of the detention house and for the preservation of the safety of the accused detained, or for other proper reasons, he may apply to the court to change the place of detention.
A notice of change shall be sent to the public prosecutor, the detention house, the defense attorney, the accused, and the relative or friend appointed by the accused, if the court makes a change in the place of detention based on the application according to the provisions of the preceding section.

Article 104
(Deleted)

Article 105
A detained accused may be placed under restraint only if such restraint is necessary to accomplish the purpose of the detention house or to maintain order in the detention house.
An accused may have his own food and daily necessities, may receive visitors, may send and receive mail, and receive books or other things, but the detention house may censor them.
If a court deems that the meeting with visitors, and the sending or receiving of mails or things as specified in the preceding section produce facts sufficient to justify an apprehension that the accused may escape or destroy, forge, or alter evidence or conspire with a co-offender or witness, the court may, upon the application of the public prosecutor or muto proprio, prohibit the meeting, sending and receiving or seize the things received.  In case of emergency, the public prosecutor or the detention house may take necessary actions, provided that the same shall be referred immediately to the court concerned for approval.
The object, scope, and time period subject to the prohibition or seizure made in accordance with the provisions of the preceding section shall be decided, in the stage of investigation, by the public prosecutor, and in the stage of trial, by the presiding judge or commissioned judge.  The same shall be enforced by the detention house under the instruction of the above referenced persons, provided that nothing can be done to restraint the accused's justified right of defending himself.
No restraint shall be placed upon the body of an accused unless sufficient facts exists to support the apprehension of violence, escape, or suicide; such restraint shall be taken by the officer in charge of the detention house only in the case of urgent necessity, and such action shall be referred immediately to the court for approval.

Article 106
A public prosecutor shall diligently inspect a place where an accused is detained, report the result of his inspection to the competent superior officer, once every ten days, and notify the court.

Article 107
As soon as the reason for detention ceases to exist, the detention shall be canceled immediately and the accused released.
An accused, the defense attorney, and the person qualified to be the assistant of the accused may apply to the court for cancellation of the detention; the public prosecutor may, also make the said application during the stage of investigation.
The court in deciding whether to approve the application for cancellation of detention referred to in the preceding section may consider statements made by the accused, the defense attorney, or the person qualified to be the assistant of the accused.
During the stage of investigation, upon the public prosecutor's application, the court shall cancel the detention; the public prosecutor may release the accused prior to submitting the application.
During the stage of investigation, the court shall consult with the public prosecutor prior to cancellation of the detention except the application for cancellation of detention is made by the public prosecutor.

Article 108
Detention of an accused may not exceed two months during the stage of investigation and three months during the stage of trial, provided that if it is necessary to continue the detention, the court may, prior to the expiration of the period, after examining the accused in accordance with the provision of Article 101 or Article 101-1 extend such period by a ruling.  Application for a ruling for extension of the detention period during the stage of investigation shall be made by the public prosecutor with reasons and submitted to the court no later than 5 days prior to the expiration of the period.
The ruling made in accordance with the provision of the preceding section shall, unless pronounced in court, be effective upon serving a true copy on the accused prior to the expiration of the detention period and the period shall be extended accordingly.  If the ruling has not been legally served by the expiration of the detention period, the detention shall be deemed canceled.
During the stage of trial, the detention period shall be counted from the date the case file and exhibits had been sent to the court; the detention period from the date the prosecution has initiated or judgment is rendered, but prior to being sent out shall be counted against the detention period at the investigation stage or that of the original trial court.
Detention period shall be counted from the date the writ of detention is issued; the period of time that the accused is kept in custody after the arrest is made with or without a warrant shall be counted as the detention period before final judgment on a day-by-day basis.
Extension of the period of detention, during the investigation stage, may not exceed two months, and only one extension is allowed; during the trial stage, each extension may not exceed two months; if the maximum punishment for the offense charged does not exceed imprisonment of ten years, extension may be allowed three times during the first instance and the second instance, and one time only during the third instance.
If a case is remanded, the number of extensions for the period of detention shall be counted anew.
If no prosecution has been initiated or no judgment has been rendered at the expiration of the detention period, the detention shall be deemed canceled, and the public prosecutor or the court shall release the accused; if the accused is released by the public prosecutor, the public prosecutor shall immediately notify the court of the same.

Article 109
If a case is appealed and the period during which the accused has been detained exceeds the term of imprisonment imposed by the original judgment, the detention shall be immediately canceled and the accused released; if the public prosecutor appeals against the interests of the accused, the accused may be released on bail or to the custody of another, or with a limitation on his residence.

Article 110
An accused or persons who may act as his assistants or the defense attorney may at any time apply to the court for the suspension of detention of the accused on bail..
During the investigation stage the public prosecutor may apply to the court for the suspension of detention of the accused on bail.
The provision of section III of Article 107 shall apply mutatis mutandis to the examination of the application for suspension of detention on bail as specified in the preceding section.
The court, in deciding whether to grant the suspension of detention, during the investigation stage, shall consult the public prosecutor for his opinion, unless the circumstances specified in Article 114 or section II of this Article exist.

Article 111
If an application for suspension of detention is permitted, an order shall be issued requiring a bail bond and specifying an appropriate amount of bail.
The bail bond shall be signed only by a reliable person within the judicial district of the court; it shall contain a statement of the amount of the bail and a statement that payment will be made in accordance with law.
If an applicant is willing to provide the specified bail or a third party is permitted to supply it, a bail bond is not necessary.
A negotiable instrument may be substituted for the bail.
In cases where an application for suspension of detention is permitted, the residence of an accused may be limited.

Article 112
If the offense charged is punishable only by a fine, the amount of bail may not exceed the maximum amount of the fine.

Article 113
If an application for suspension of detention is permitted, the accused shall be released upon receipt of the bail bond or bail.

Article 114
An application for suspension of detention of an accused under detention who has provided a bail bond, shall not be denied if one of the following circumstances exists:
(1) The maximum punishment for the offense charged is imprisonment for a period of less than three year, detention, or a fine.  If the accused detained is a recidivist, or a person who makes the commission of crime a habit or occupation, a person who commits a crime during the period of parole, or a person detained under section I of Article 101, then the said rule shall not apply;
(2) The accused has been pregnant for five months or more or has given birth during the preceding two months;
(3) The accused is ill, and it appears that cure will be difficult unless he is released for medical treatment.

Article 115
Detention of an accused may be suspended without bail and the accused committed to the custody of a person who may act as his assistant or another suitable person within the judicial district of the court.
A person who has been given custody of an accused shall give a written assurance obligating himself for the appearance of such accused at any time summoned.

Article 116
Detention of an accused may be suspended without bail, but limitation on his residence imposed.

Article 116-1
The provisions of section II through section IV of Article 110 shall apply mutatis mutandis to the release of the accused to the custody of another or with a limitation on his residence.

Article 116-2
In granting the suspension of detention, the court may set the following conditions to be complied by the accused:
(1) Report to the court or public prosecutor periodically;
(2) No threat of causing personal injury or property damage made to or action taken against the victim, witness, expert witness, the public official in charge of investigation or trial of the subject case, or the spouse, lineal blood relatives, collateral blood relatives within the third degree of kinship, relative by marriage within the second degree of relationship, family head or family member of the said public official;
(3) If suspension of detention is granted under the provisions of Item III of Article 114, no activities unrelated to medical treatment are permitted without consent of the court or public prosecutor, except for the activities necessary to maintain normal life or profession;
(4) Other activities the court deems suitable.

Article 117
An accused who has been released from detention may be detained again under one of the following circumstances:
(1) He has failed to appear without due reasons after having been legally summoned;
(2) He has violated the limitation placed upon his residence;
(3) The circumstances specified in section I of Article 101 or section I of Article 101-1 have newly arisen;
(4) Violation of  the conditions needs to be complied with as set forth by the court under the preceding article;
(5) He has committed an offense punishable with death penalty, life imprisonment or with a minimum punishment of imprisonment for no less than five years, and was released under Item III of Article 114, but the reasons for suspension of detention have disappeared and there is a necessity for his detention.
If one of the circumstances specified in the preceding section exists at the investigation stage, the public prosecutor may apply for the re-detention of the accused to the court.
The time period of re-detention shall be counted together with the time period of detention prior to the suspension of the detention.
A court in re-detaining the accused in accordance with the provision of section I of this article may apply mutatis mutandis the provision of section I of Article 103.

Article 117-1
The provisions of the preceding two articles shall apply mutatis mutandis to the situations where the public prosecutor releases the accused on bail, to the custody of another, or with a limitation on his residence in accordance with the proviso of section III of Article 93, or section IV of Article 228.  The same rule applies when the court releases the accused on bail, to the custody of another, or with limitation on his residence under Article 101-2.
In detaining the accused under the preceding section by court, the provisions of Article 101 and 101-1 shall apply; if the public prosecutor applying for the detention of the accused to the court, the provision of section II of Article 93 shall apply.
The bail bond obligation shall be terminated, if the detention of an accused is made under the provision of section I of this article.

Article 118
If an accused who has been released on bail absconds or conceals himself, the court shall order the surety to pay the amount of money specified in the order fixing bail and forfeit it; if the bail is not paid, compulsory execution shall be levied; if the cash bail bond has already been supplied, it shall be forfeited.
The provision of the preceding section shall apply mutatis mutandis to the case where the public prosecutor orders the release of the accused on bail under the proviso of section III of Article 93, and section IV of Article 228.

Article 119
The obligation under a bail bond shall be terminated, if the detention of an accused is canceled, or if he is again detained, or if the detention is nullified by a decision not to indict or a judgment or ruling.
If a third party who furnished a written or cash bail bond reports to the court, public prosecutor, or judicial police officer the circumstances of an attempt by an accused to abscond or to conceal himself so that such abscondence or concealment may be prevented, his application to withdraw the bond may be granted, unless the law provides otherwise.
If the obligation under a bail is terminated or a bail bond is withdrawn, the bond shall be canceled or the cash bail bond which has not been forfeited shall be returned.
The provisions of the preceding three sections shall apply mutatis mutandis to a person who has been given custody of an accused.

Article 120
(Deleted)

Article 121
The cancellation of detention specified in section I of Article 107, the release on bail, to the custody of another, or with a limitation on residence specified in Article 109, the suspension of detention specified in section I of Article 110, Article 115, and Article 116, the forfeiture of cash bail bond specified in section I of Article 118, the withdrawal of the bond specified in section II of Article 119, shall be made by a court in the form of a ruling.
A ruling relating to the matter specified in the preceding section shall be made by the court of the second instance while the case appeal is pending at the court of the third instance and the case file and exhibits have already been sent to the said court.
In making the ruling specified in the preceding section, the court of the second instance may request the delivery of the case file and exhibits from the court of the third instance.
During the investigation stage, the forfeiture of cash bail bond specified in section II of Article 118, the withdrawal of the bond specified in section II of Article 119 and the order to furnish bail, release to the custody of another, or with limitation on residence specified in the proviso of section III of Article 93 and section IV of Article 228, shall be made by a public prosecutor in the form of an order.