Any information of the protected witness such as the year of birth, address of the residence, identification number or passport number and other information that is capable of identifying the protected witness should not be recordedon the record or document.
#Witness protection code
The competent court for granting the petition for the protective order should be the court that adjudicates the criminal or gangster case at issue.Įxcept otherwise provided in the law, the true name and identification information of the witness who is necessary to be protected should be used a code name by making a record or documentfrom the public official. If such measuresare inappropriate, the judge or the prosecutor may modify or terminate it.
The prosecutor or the judge may take necessary preliminary measures to protect the witness if the protective order is unable tobe issued in time in emergency circumstances.ĭuring the investigation of criminal or gangster cases, the judicial police agency may take necessary preliminary measures to protect the witness if it is necessary, and should report such measures to the prosecutor or the court within seven days. If the life, body, freedom or property of a witness or a person who is closely related to such witness is in jeopardy due to his or her testifying in front of the prosecutor or in court,and the protection is necessary, the prosecutor or the judge could issue a protective order by his/her discretion or a petitioned by the witness, the victim or his/her representative, the defendant or his/her defense counsel, the transferred person or his/herretained attorney, the assistant, the judicial police official, the handling agency, or the complainant in private prosecution. The "criminal offenses" referred to in this Act includes the following offenses:ġ.The offenses, which are punishable by 3 years or more in prison.Ģ.The offenses prescribed in:Article 100, Paragraph 2 Article 101, Paragraph 2 Article 106, Paragraph 3 Article 109, Paragraphs 1, 3, and 4 Article 121, Paragraph 1 Article 122, Paragraph3 Article 131, Paragraph 1 Article 142 Article 143, Paragraph 1 Article 144 Article 145 Article 256, Paragraphs 1 and 3 Article 257, Paragraphs 1 and 4 Article 296 -1, Paragraph 3 Article 298, Paragraph 2 Article 300 Article 339 Article 339-3 Article 346 ofthe Criminal Code.ģ.The offenses prescribed in Articles 11, Paragraph 1 and Paragraph 2 of the Anti-Corruption Statute.Ĥ.The offenses prescribed in Article 2, Paragraphs 1 and 2, or Article 3 of the Statute of Punishment for Smuggling.ĥ.The offenses prescribed in Article 82, Paragraphs 1 and 2, or Article 83, Paragraphs 1 and 3 of the Pharmaceutical Affairs Act.Ħ.The offenses prescribed in Articles 125 of the Banking Act.ħ.The offenses prescribed in Article 171, or Article 173, Paragraph 1 of the Securities Exchange Act.Ĩ.The offenses prescribed in Article 112, or Article 113, Paragraphs 1 and 2 of the Futures Exchange Act.ĩ.The offenses prescribed in Article 8, Paragraph 4, Article 11, Paragraph 4, Article 12, Paragraphs 1, 2, 4 and 5, or Article 13, Paragraphs 2, 4 and 5 of the Statute of Control for FireArms, Ammunition and Harmful Knives.ġ0.The offenses prescribed in Article 88, Paragraph 1, Article 89, Paragraphs 1 and 2, Article 90 (1), Paragraph 1, Article 91, Paragraph1, Section 1 and Article 91 (1), Paragraph 1 ofthe Public Official Election and Recall Actġ1.The offenses prescribed in Article 47 (1) or Article 47 (2) of the Farmers Association Act.ġ2.The offenses prescribed in Article 50 (1) or Article 50 (2) of the Fishermen Association Act.ġ3.The offenses prescribed in Article 32, Paragraphs 1, 3, and 4 of the Child and Youth Sexual Exploitation Prevention Act.ġ4.The offenses prescribed in Article 14, Paragraphs 1 and 2, Article 15 or Article 17 of the Money Laundering Act.ġ5.The offenses prescribed in Article 3, latter part of Paragraph 1, latter part of Paragraph 2, Paragraph 5, Paragraph 7, Paragraph 8, article 4, Article 6 or Article 11, Paragraph 3 ofthe Statute of Organized Crime Prevention.ġ6.The offenses prescribed in Article 13(2) of the Trade Secrets Act.ġ7.The offenses prescribed in Article 42, Paragraph 1, Article 43, Paragraph 1, Article 44, former part of Paragraph 2, Paragraph 5, Article 45, Article 46 of the Criminal Code of the ArmedForces.
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