CHAPTER  V DOCUMENTS

Article 39
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.

Article 40
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.

Article 41
In examining an accused a private prosecutor, witness, expert witness, or interpreter, records shall be made, then and there, of the following matters:
(1) The questions asked of the person examined and his statements;
(2) The reason a witness, expert witness, or interpreter does not sign an affidavit to tell the truth;
(3) The date and place of examination.
The records specified in the preceding section shall be read aloud to the person examined or he shall be permitted to read them; he shall then be asked whether there are mistakes.
If the person examined requests an addition, a crossing out, or a change, his statement shall be added to the records.
The person examined shall be ordered to affix his signature, seal, or fingerprint on the records immediately following the last line.

Article 42
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.

Article 43
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.

Article 43-1
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.

Article 44
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.

Article 44-1
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.

Article 45
Trial records shall be put in proper order within three days after each session.

Article 46
Trial records shall be signed by the presiding judge; if the presiding judge is unavailable, the records shall be signed by the senior associate judge; if the single judge who tried the case is unavailable, the records shall be signed by the clerk; if the clerk is unavailable, the records shall be signed by the presiding judge or other judges; the reason for the aforesaid unavailability shall be noted respectively.

Article 47
Trial records shall be the exclusive proof of the proceedings of the trial.

Article 48
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.

Article 49
With the permission of the presiding judge, a defense attorney may bring a stenographer to the court on the trial date.

Article 50
A decision shall be made in writing by a judge, but a ruling pronounced in open court from which an interlocutory appeal may not be taken may be recorded only in the records.

Article 51
A written decision, unless otherwise specifically provided, shall give the full name, sex, age, occupation, and domicile or residence of the person tried; if the written decision is in the form of a judgment, the name of the public prosecutor or private prosecutor, agent, and defense attorney shall be recorded.
The original of a written decision shall be signed by the trial judges; if the presiding judge is unavailable and unable to sign, the senior associate judge shall make a note of the reason; if a judge is unavailable, the presiding judge shall make a note of the reason.

Article 52
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.

Article 53
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.

Article 54
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.