Part  VIII Execution

Article 456
(Period of Execution)
A decision other than a security preservation measures shall be executed once the judgment is final, unless otherwise specified.

Article 457(Execution Authority)
The prosecutor of the ruling court may shall be executed under the supervision of the prosecutor of the ruling court an execution of judgment, unless the nature shall be determined by the court, presiding judge, commissioned judge, requisitioned judge, or if other special rules apply.
Where a lower court shall execute the ruling upon a dismissed interlocutory appeal, withdrawal of appeal or interlocutory appeal, the lower court shall be supervised by the prosecutor of the appellate court.
Under circumstances specified in the preceding 2 paragraphs, where the files are in the lower court, the prosecutor of the said court shall supervise the execution.

Article 458(Execution Instruction)
To supervise execution, an execution instruction shall be made along with the copy or abbreviated copy of written judgment or record; provided that this does not apply to instructions other than punishments or measure for rehabilitation, where an execution instruction is not necessary.

Article 459(Execution Order - Principal Punishment)
Upon executing more than 2 principal punishments, except for fines, the heavier ones shall be executed first; provided that a prosecutor may instruct to execute other punishment first.

Article 460(Execution of Capital Punishment (I) - Review)
After a pronouncement of capital punishment is final, the prosecutor shall promptly send the case file to the highest judicial authority.

Article 461(Execution of Capital Punishment (II) – Time and Double Review)
Capital punishment shall be approved by the Minister of justice and be executed within 3 days after receiving such approval; provided that the executive prosecutor may contact the highest judicial authority for a review in 3 days if causes for a retrial or extraordinary appeal exist.

Article 462(Execution of Capital Punishment (III) - place)
Capital punishment shall be executed in prisons.

Article 463(Execution of Capital Punishment (IV) – Presence)
The prosecutor observes and shall order a clerk to attend for the execution of capital punishment.
Except for persons approved by the prosecutor or prison officials, no one may enter the execution place for capital punishment.

Article 464(Execution of Capital Punishment (V) – Records)
The clerk on spot of the capital punishment execution shall make a record.
Such record shall be signed by the prosecutor and prison official.

Article 465(Suspension and Resume of Capital Punishment)
The highest judicial authority may order to suspend the execution if it is found the one whom death penalty is pronounced is insane.
The highest judicial authority may order to suspend the execution of a sentence of capital punishment on a pregnant woman before she delivers.
Unless ordered by the highest judicial authority, suspension on capital punishment pursuant to the preceding 2 paragraphs may not be resumed after the subject recovers or delivers.

Article 466(Execution of Punishment against Freedom)
Unless otherwise stipulates in laws, persons sentenced imprisonment or detention shall be detained in prisons separately for labor service; provided that labor service may be exempted if special circumstance apply.

Article 467(Suspension of Punishment against Freedom)
Upon the prosecutor’s command, one pronounced imprisonment or detention may be suspended from execution before he/she recovers or the cause ceased if one of the following circumstances apply:
1. Insanity;
2. More than 5 months of pregnancy;
3. Just delivered in less than 2 months;
4. Currently suffering a disease and the execution may threaten his life.

Article 468(Medical Care for Sentenced Person Suspended from Execution)
A prosecutor may send a sentenced person to the hospital or other proper location if the execution is suspended pursuant to Subparagraphs 1 and 4 of the preceding article.

Article 469(Compulsive Measures before Execution)
A prosecutor may summon a person pronounced a sentence of capital punishment, imprisonment or detention but not yet detained upon execution; if such person fails to appear without good reason, he/she shall be arrested with a warrant.
The sentenced in the preceding paragraph may be arrested with a warrant pursuant to Subparagraph 2 of Paragraph 1 of Article 76 and issued a circular order for the arrest pursuant to Article 84.

Article 470(Execution of Punishment against Property)
A ruling for fines, pecuniary penalty, confiscation, forfeit, payment pursue, and compensation shall be executed upon instruction by the prosecutor; provided that after pronouncing the ruling for fines or pecuniary penalty, if consented by the sentenced and the prosecutor is absent, the court may instruct the execution at the trial.
The instruction in the preceding paragraph has the same effect as the title for civil execution.
The legacy of the sentenced may be subject to the execution of fines, confiscation, forfeit, payment pursue, and compensation.

Article 471(Apply mutatis mutandis the Civil Execution and Requested Execution)
Execution in the preceding article shall apply mutatis mutandis regulations for civil executions.
A prosecutor may request the civil compulsory execution division of the district court to carry out execution in the preceding paragraph if necessary.
Execution requested by a prosecutor may be exempted from the execution fee.

Article 472(Authority for Confiscation)
The prosecutor shall dispose confiscations.

Article 473(Motion to Return Confiscation)
Where a right holder requests for return of confiscated object within3 months since the execution, the prosecutor shall return such items unless it is damaged or discarded; if such item is auctioned, the price of auction shall be returned to such person.

Article 474(Return of Fabricated or Altered Items)
Upon returning fabricated or altered items, a prosecutor shall excise or label the fabricated or altered part.

Article 475(Announcement and Effect of Seized Property Impossible to Return)
Where the location of the right holder of the seized property is unknown or where a return is not possible for other causes, a prosecutor shall make a public announcement; if no one requests for a return after 6 months since the announcement lapses, the seized property shall belong to the national treasury.
During the preceding period, valueless property may be discarded; if inconvenient to preserve, such items may be sold at an auction and the proceeds retained.

Article 476(Request to Cancel the Suspension of Sentence)
Where a pronouncement of suspension of sentence shall be set aside, a prosecutor of the district court where the sentenced locates or resides at last shall request a ruling of the said court.

Article 477(Motion to Adjust the Sentence)
A motion to adjust a sentence pursuant to Article 48 of the Criminal Code or a motion to ascertain the sentence execution pursuant to Articles 53 and 54 where Subparagraphs 5 to 7 of Article 51 of the Criminal code applies shall be filed by a prosecutor to the court, which makes the final judgment on facts of the offense in the said case, for a ruling.
In order to adjust the sentence in the preceding paragraph, the sentenced, his statutory agent, or agent may request prosecutor in the preceding paragraph to file the motion.

Article 478(Exemption from Labor Service)
The exemption of labor service pursuant to proviso of Article 466 shall be instructed by the prosecutor in charge of the execution.

Article 479(Commutation to Labor)
A fine commutated to labor pursuant to Paragraph 1 of Article 42 shall be instructed by the prosecutor in charge of the execution.

Article 480(Execution and Law Application for Commutation to Labor Service)
A person sentenced a fine commutated to labor service shall be separately executed from prisoners sentenced imprisonment or detention.
Article2 467 and 469 shall apply mutatis mutandis to commutation to labor service.

Article 481(Execution of Security Preservation Measures)
The prosecutor shall request the court which made the final judgment regarding facts of an offence to rule the exemption from execution pursuant to Paragraph 3 of Article 86, Paragraph 3 of Article 87, Paragraph 2 of Article 88, Paragraph 2 of Article 89, Paragraph 2 of Article 90, or Paragraph 1 of Article 98, an decision of approved extension pursuant to Paragraph 3 of Article 90, security preservation measures pursuant to Paragraph 2 of Article 93, or the exemption from execution pursuant to the latter of Paragraph 1 and Paragraph 2 of Article 98, and the execution of approval pursuant to Article 99 of the Criminal Code. The same rule also applies to the compulsory treatment pursuant Paragraph 1 of Article 91-1 and the suspension of compulsory treatment pursuant Paragraph 2 of the same article.
A prosecutor may request the court to pronounce a ruling if security preservation measure is necessary for a decision of exempted prosecution pursuant to Paragraph 1 of Article 18 and Paragraph 1 of Article 19 of the Criminal Code.
Where a court does not include security preservation measures in the decision, a prosecutor may request the court to rule on such measure within 3 months since the decision if the prosecutor deems it necessary.

Article 482(Commutation to Warning)
A prosecutor shall execute commutation to warning pursuant to article 43 of the Criminal Code.

Article 483(Motion for Interpretation – Meanings of a Guilty Judgment)
Where a party doubts the meaning of a guilty judgment, he/she may request the court which pronounces such judgment for interpretation.

Article 484(Objection - Instruction by Prosecutor)
The sentenced and his statutory agent or spouse shall file an objection to the court which pronounces the judgment upon finding instructions by the prosecutor impropriate.

Article 485(Motion and Cancellation for Interpretation or Objection)
A motion for interpretation or objection shall be filed in writing.
A motion for interpretation or objection may be withdrawn in writing before the judgment.
Article 351 shall apply mutatis mutandis to a motion and cancellation for interpretation or objection.

Article 486(Ruling on Motion for Discrepancy or Objection)
The court shall rule on discrepancies or objections.