KOREAN (SOUTH)

CRIMINAL JUSTICE
SYSTEM
• In Korea, many disputes were settled by de facto, informal mediators like
elder members of the community or family without making their way to
the court.[1] However, as Korea modernized, lawsuits increased
dramatically. The total number of civil cases filed in 2002 was 1,015,894
which went up to 1,288,987 in 2006.[2] The South Korean legal system
effectively dates from the introduction of the original Constitution of the
Republic of Korea and the organization of South Korea as an independent
state. During the existence of the Republic of Korea, the Constitution has
been revised or rewritten several times, the most recent of which was in
1987 at the beginning of the Sixth Republic.
 JUDICIAL SYSTEM
• The judicial system of the Republic of Korea is composed of the Supreme Court of South
Korea, the Constitutional Court of South Korea, six High Courts, 13 District Courts, and
several courts of specialized jurisdiction, such as the Family Court and Administrative
Court. In addition, branches of District Courts may be established, as well as Municipal
Courts. South Korean courts are organized and empowered in chapters V and VI of the
Constitution of the Republic of Korea.

• There is no system of juries in the judicial system of South Korea, although since February
2, 2008 a limited provision for advisory juries has been introduced for criminal cases and
environmental cases, and all questions of law and fact are decided by judges.
• Municipal Courts
-The Municipal Courts only exercise original jurisdiction over minor cases, such as small claims cases where
the amount in controversy does not exceed 20 million won or misdemeanor trials in which the maximum possible
sentence is 30 days in jail or a fine not exceeding 200,000 won. There are currently 103 municipal courts in South
Korea.
• District Courts
-The 18 District Courts have original jurisdiction over most civil and criminal cases. Additionally, the District
Court appellate panel may exercise appellate jurisdiction over cases in which a single District Court or Branch
Court judge has rendered the decision. In most cases, a single judge hears the case and renders a verdict, although
in particularly important or serious cases, a trial panel of three judges may hear the case and render a decision. An
appellate panel is also composed of three District Court judges.
• High Courts
The six High Courts have appellate jurisdiction over cases decided by a trial panel of three judges in a District
Court or Family Court, decisions of the Administrative Court, and civil cases heard before the District Court in
which one judge decided and where the amount in controversy exceeds 50,000,000 won. Appeals to the High Court
are heard by a panel of three High Court judges. High Courts are located in Seoul, Busan, Daegu, Daejon, and
Gwangju. Additionally, a special panel of the Gwangju High Court has been established in the Jeju District Court.
 JUDGES

-The qualification of the judges is delegated by the Korean Constitution to the Court Organization Act. In the Court
Organization Act Article 42 states that those who passed the National Judicial Examination and have completed the two-year
training program at the Judicial Research and Training Institute (JRTI) or those who obtained qualifications as lawyers are eligible
for becoming a judge.

- Judges in South Korea are nominated for their position by the Chief Justice of the Republic of Korea and subsequently
confirmed by the Supreme Court Justices Council (a council composed of Justices of the Supreme Court).

- Judges serve terms of 10 years, and may be re-appointed to their positions. The nomination process and terms of service
above do not apply to Justices of the Supreme Court or to Justices of the Constitutional Court, each of which has its own
nomination process and term of service. See Supreme Court of South Korea and Constitutional Court of South Korea for the
regulations for each.
 PROSECUTORS

The Korean legal system belongs to the continental inquisitorial system, which is markedly different from the English adversarial system. It was modeled after European continental systems such as German and French judicial structure. Like Chinese prosecutors and European and Japanese prosecutors, Korean prosecutors directly or indirectly conduct
criminal investigations. They involve themselves in judicial procedure by conducting investigations, determining indictable cases, and the prosecution process.
• Private law
-Private law issues in Korea are regulated by the Civil Code ( 민법 , 民法 ) and the Commercial
Code ( 상법 , 商法 ). The Civil Code was enacted in 1960 and is based upon the Japanese civil code
which was used in Korea prior to the enactment.

• Tort law
-Korean Civil Code Article 750 defines torts by stating "Any person who causes losses to or
inflicts injuries on another person by an unlawful act, willfully or negligently, shall make
compensation for damages."

• International laws and treaties

At the top of the legal system is the King, who acts as the final court of
appeal and as a source of pardon.
• rimes fall into three categories Hudud, Tazir, and Qisas. The courts
established in 1928 are divided into three levels—Ordinary Courts, High
Courts of Sharia Law, and Court of Causation or Appeals. The trial courts
have one or more judges depending on the seriousness of the offense.
They hear cases and sentence offenders. Appeals are limited to the more
serious cases.
• Saudi trial procedure is very informal when compared to that in the west.
In some cases the legal action must be brought by the victim; in others,
any person may bring the action. Often it is brought by the police. Legal
representation is discouraged. The defendant is expected to defend
himself.
• Some punishments appear to be harsh by Western standards. Lashings and
flogging are common. Amputation and death sentences are limited.
• In considering Saudi criminal justice, one must always keep in mind the
relationship of the state to the concept of justice in Islam. The Sharia is
not just a code of law but a code of behavior and ethics, a combination of
law and morality, one and inseparable.
 CRIMINAL JUSTICE
SYSTEM OF MALAYSIA
• Malaysia as a political entity came into being on 16 September 1963,
formed by federating the then independent Federation of Malaya with
Singapore, North Borneo (renamed Sabah) and Sarawak, the new
federation being Malaysia and remaining and independent country within
the Commonwealth. On 9 August 1965, Singapore separated to become a
fully independent republic within the Commonwealth. So today Malaysia
is a federation of 13 states, namely Johore, Kedah, Kelantan, Selangor,
Negeri Sembilan, Pahang, Perak, Perlis, Trengganu, Malacca, Penang,
Sabah and Sarawak, plus a compliment of two federal territories namely,
Kuala Lumpur and Labuan.
• The Administration of Justice
-The federal constitution provides for the exercise of power by the
Legislature, the
Executive and the Judiciary. The judiciary plays an important role in this
balance of power. It has the power to hear and determine civil and criminal
matters, and to pronounce on the legality of any legislative or executive of
the federal as well as state constitutions.
• The fundamental principle in Malaysia
is that an accused person is innocent until proven guilty by a competent
court of law.
• Hierarchy of The Courts and Their Jurisdiction
-The Federal Constitution of Malaysia specifically provides for the rights of the
individual and to ensure that those rights are upheld. It also provides an avenue for which
those who suffered any grievances or those who acted against the country’s laws, to seek
redress or to be punished.

• The highest in the hierarchy of the courts is the Federal Court. It is the final court of
appeal. The court’s jurisdiction is appellate, supervisory and advisory. This court consist
of the Chief Justice and two other judges of the High Court or a greater uneven
number as decided by the Chief Justice
• Structure and Roles of Prosecution
- The prosecution of criminal cases is the main domain of the public prosecutor. In
Malaysia, the person responsible for this is the Attorney General. He holds office by virtue
of Article 145 of the Federal Constitution of Malaysia. The powers given to the Attorney
General is contained in clause (3) of Article 145 which reads as follows:
The Attorney General shall have power, exerciseable at his discretion, to institute, conduct
or discontinue any proceedings for an offence, other than proceedings before a Syariah
Court, a Native Court or a Court Martial.
 CRIMINAL JUSTICE
SYSTEM OF THAILAND
 The legal system in Thailand has been described as a
civil law system with common law influences.
According to the Library of Congress: “The legal system
remains an amalgam of the traditional and the modern.
In several southern provinces, for example, Islamic law
and custom are applicable to matrimonial and
inheritance matters among the Muslims.
 Thai Legal System and Constitution
• The Constitution provides that the courts are part of three-branch government and they
are institution independent from the legislature (National Assembly) and the main
government. A Judicial Commission controls the appointment of judicial officials. The
trying and adjudication of cases is done in accordance with provisions described by the
constitution and other legal codes.
• According to the Thai government: “The selection and election process of judicial
personnel as judges is a democratic selection process under a very strict judicial system.
 Thailand’s Court System
• Thailand has a three-level court system collectively known as the Courts of Justice. At the top is
the Supreme Court of Justice. Below it are the Court of Appeal and, at the third level, the Courts of
First Instance, over which the Supreme Administrative Court, which was established in 1999,
presides. The Courts of First Instance include the Central Administrative Court and 16 regional
administrative courts. Separate administrative courts adjudicate disputes involving state agencies,
state enterprises, and local government organizations or between state officials and private
individuals. Administrative appellate and supreme administrative courts operate at higher levels. A
separate Military Court deals with military personnel and persons arrested during periods of
martial law. Islamic sharia courts hear civil cases involving members of the Muslim minority.
[Source: Library of Congress, 2007]
 Types of Courts in Thailand
• Civil Courts have the power to try and adjudicate civil cases and other cases that are not in the jurisdiction of other
courts of justice. The Civil Courts’ jurisdiction covers the Bangkok Metropolitan area, except that under the South
Bangkok Civil Court, the Thon Buri Civil Court, the Min Buri Civil Court, and other courts of justice with jurisdiction
prescribed in the act establishing the court. Cases that are filed, although occurring outside the jurisdiction of the Civil
Courts, are left to the court’s discretion whether to admit the cases for trial and adjudication or to transfer them to
other courts of justice that have jurisdiction.
• Criminal Courts have the power to try and adjudicate all criminal cases in Bangkok Metropolis, except those under
the South Bangkok Criminal Court, the Thon Buri Criminal Court, and the Min Buri Criminal Court. Cases that occur
outside the jurisdiction of the Criminal Courts may be filed and left to the court’s discretion whether to admit the cases
for trial and adjudication, with the exception of cases transferred in accordance with the provisions in the Criminal
Procedure Code.
• Courts of Appeal. At a higher level than the Courts of First Instance are the Courts of Appeal, which are classified as
the general appellate courts and the regional appellate courts. The Courts of Appeal consider appeals on the verdicts or
court orders in their jurisdiction, with the power to make decisions on cases under the Courts of Appeal’s jurisdiction
in accordance with other laws outside the jurisdiction of the regional appellate courts, while cases outside the Courts
of Appeal’s jurisdiction can be appealed to the courts. All these are at the discretion of the court whether to admit the
cases for consideration, except those cases transferred in accordance with the provisions of the law.
• Military Court tries and adjudicates cases involving persons within its jurisdiction, as
prescribed by the Act for the Organization of the Military Court, B.E. 2498 (1955).
• Administrative Courts are of the same status as the Courts of Justice, with jurisdiction
over disputes between government agencies, state agencies, state enterprises, and local
government organizations, or between state officials and private individuals, and
between state agencies or state officials themselves.
• Thailand’s Supreme Court. The highest court in the land is a Constitutional Court—
The Dika, or the Supreme Court— with 15 judges. It has jurisdiction over legal issues
pertaining to the Constitution, the supreme law of the state. The consideration of cases by
the Constitutional Court follows an inquisitional system, with the court empowered to
seek facts and additional evidence. It is regarded as relatively independent. The decision
of the Supreme Court is final and cannot be further appealed.
CRIMINAL JUSTICE SYSTEM
OF HONGKONG
Hong Kong’s criminal justice system is large and
complex enough to bewilder even many of those directly
responsible for its administration. There are now so many
departments, often with conflicting interests and goals,
that it is difficult to understand the system as a whole.
Nature of Criminal Justice
- The exact nature of justice is subject to considerable debate. Many regard the reduction or elimination
of crime as the rightful goal of justice. According to this view, the criminal justice system is supposed to
suppress or deter criminal behavior; or failing that, to process the guilty. This conception views the criminal
justice system as a filter through which suspected offenders pass. Judgments of guilt and innocence are seen
simply as a series of routine operations whose success is determined by their ability to quickly and
efficiently move the deserving onto the next stage and ultimately to a fitting punishment.
Entry into the Criminal Justice System
-For the criminal justice process to begin, a crime must either have been committed or, at least,
suspected to have been committed. In most cases, this is a question of considering whether the behaviour in
question breaches
any of the laws passed by the Legislative Council. Known as ordinances, these set out most of the criminal
offences in Hong Kong. Examples include the Crimes Ordinance (Cap 200), Dangerous Drugs Ordinance
(Cap 134) and Gambling Ordinance (Cap 148), all of which, together with other important crime-related
ordinances, are outlined in an appendix at the end of this book.
Commencement of Criminal Proceedings
- The second stage, commencement of criminal proceedings, is largely the domain of the Prosecutions
Division of the Department of Justice, whose prosecutors initiate almost all criminal proceedings before magistrates
and judges.
-Criminal cases almost always commence in the Magistrates’ Courts. Most cases, being comparatively minor,
remain there until the conclusion of trial. Cases deemed more serious are transferred from the Magistrates’ Courts
to the District Court for trial before a judge sitting alone while the most serious cases are committed to the Court of
First Instance for trial before a judge and jury.
Adjudication and Sentencing
- If a case does proceed to trial, it will usually be decided by a single judicial officer most often a Magistrate
in one of Hong Kong’s seven Magistrates’ Courts.

Corrections
- Once the sentence has been imposed, the offender moves on to the correctional stage of the criminal justice
system. This stage is dominated principally by prison officers, probation officers, and other personnel concerned
with the custody, treatment and rehabilitation of offenders. Indeed an important feature of the correctional system in
Hong Kong is the extent to which the rehabilitative ideal, if not always the reality, shapes itsboperations, especially
in relation to both young and first-time offenders.
CRIMINAL JUSTICE SYSTEM
OF SWITZERLAND
The judicial system in Switzerland is made of the
Supreme Court, the Criminal Court and the
Administrative Court. If you need representation, our
Swiss lawyers can provide you the necessary legal
assistance. Our lawyers can represent natural persons and
legal entities in a wide range of cases that can be handled
in the Swiss courts.
The Swiss Federal Supreme Court
- The Supreme Court is the highest ranked in the judicial system of
Switzerland and is established in Lausanne. The Supreme Court in
Switzerland also has the purpose of being a court of appeal for cases that
were handled at a cantonal level. It is generally represented by 3-5 judges,
and their number can vary based on the legal case they are hearing.
- According to the Swiss Constitution, the Supreme Court can rule in
cases of federal laws, public national and international laws, cantonal laws,
cantonal rights, federal and cantonal corporate or political rights. It is
necessary to know that the Supreme Court in Switzerland does not have
jurisdiction on legal matters that were established by the Federal Parliament.
The Swiss Criminal Court
- The Criminal Court in Switzerland is the first trial instance in cases of
criminal laws and is located in Bellinzona. The Swiss Criminal Court is
composed of the Penal Chamber, the Appeal Chamber and a General
Secretariat. It has an Office of Chief of Justice, a Plenary Assembly and an
Administrative Commission acting as executive body.
- The Criminal Court’s Penal Chamber rules over accusations of federal
crimes specified in the Criminal Procedure Code (articles 23 and 24). This
institution is in charge with reviewing criminal proceedings. Our team of
lawyers in Switzerland can offer more details on the types of cases that can
be heard in this cour
Structure of the Swiss courts
• the Swiss Federal Supreme Court is the highest court in Switzerland;
• the Cantonal High Court, the second most important court, is the entity where criminal
law and civil law cases can be heard, once they passed through municipal courts;
• in line with the Cantonal High Court, Switzerland has the Cantonal Administrative Court,
the Federal Administrative Court and the Independent Complaints Authority for Radio and
Television;
• the basis of the criminal law claims is formed by the Federal Criminal Court, the Criminal
Court of 1st Instance and the Special Courts (for juvenile matters or for economic matters);
• civil law claims can be heard in the Cantonal Courts, the District Courts or the
Magistrates Courts;
• civil law claims can also be addressed to Special Courts, such as the Commercial Court,
the Lease Court or the Labor Court.
Swiss court protecting intellectual property
- Intellectual property can be of high importance for any person or Swiss
company that created a new product, service, idea and so on. Intellectual property
is regulated under a set of legal acts and this also refers to technical innovations,
which take the form of patents. In this latter case, the Swiss judicial system has
established the Federal Patent Court.
The Swiss Administrative Court
- The Administrative Court in Switzerland acts as an appeal authority that
reviews the rulings of the federal authorities and sometimes of cantonal authorities
and is located temporarily in Berne. The Swiss Administrative Court was organized
so that it could replace the boards of appeal ruling over different departments in the
Federal Administration. It can rule over infrastructure, education, health, economy,
and asylum issues.icial system has established the Federal Patent Court.
 CRIMINAL JUSTICE
SYSTEM OF CANADA
• The criminal justice system (CJS) plays a critical role in
ensuring the overall safety, wellness and productivity of
Canadians. Efforts to ensure that Canada is a just and law-
abiding society with an accessible, efficient and fair system of
justice, directly contribute to the well-being of the country.
Helping Canadians to feel safe in their communities and have
confidence in their justice system improves their quality of life,
as well as their contribution to Canada’s prosperity.
A successful criminal justice system is dependent upon the success of a number of separate but
interrelated components including:

• Law enforcement;
• Prosecution services;
• Defense bar;
• Courts;
• Legal Aid;
• Victim services;
• Correctional services;
• Legislatures (which enact the law); and,
• Various stakeholders, service providers and community groups.
• Social support systems, such as housing, health care, education, employment and child protection.
The Canadian justice system guarantees everyone due process under the law.
Our judicial system is founded on the presumption of innocence in criminal
matters, meaning everyone is innocent until proven guilty.

Canada’s legal system is based on a heritage that includes the rule of law,
freedom under the law, democratic principles and due process. Due process
is the principle that the government must respect all of legal rights a person
is entitled to under the law.
Police
- The police are there to keep people safe and to enforce the law. You can
ask the police for help in all kinds of situations—if there’s been an accident,
if someone has stolen something from you, if you are a victim of assault, if
you see a crime taking place or if someone you know has gone missing.
- There are different types of police in Canada. There are provincial
police forces in Ontario and Quebec and municipal police departments in all
provinces. The Royal Canadian Mounted Police (RCMP) enforce federal
laws throughout Canada, and serve as the provincial police in all provinces
and territories except Ontario and Quebec, as well as in some municipalities.
Remember, the police are there to help you.
Courts
- The Supreme Court of Canada is our country’s highest court. The
Federal Court of Canada deals with matters concerning the federal
government. In most provinces there is an appeal court and a trial court,
sometimes called the Court of Queen’s Bench or the Supreme Court. There
are also provincial courts for lesser offences, family courts, traffic courts and
small claims courts for civil cases involving small sums of money.