🚨 Criminal Trial: Legal Judgment Process for Criminal Charges

Today Korean Social News | 2025.04.15

📌 Former President Yoon Seok-yeol Denies All Charges During 6-Hour First Criminal Trial

💬 Former President Yoon Seok-yeol appeared in his first criminal trial on charges of being the ringleader of an insurrection. The trial lasted over 6 hours, with prosecutors alleging conspiracy to impose martial law and attempted sedition with the purpose of disrupting the constitutional order. Former President Yoon completely denied the charges, and testimony from active military officials followed. The court rejected media requests to film inside the courtroom.

Summary

• A criminal trial is a legal procedure that determines the guilt of a defendant accused of a crime and decides on appropriate punishment if found guilty.
• Criminal trials go through several stages to ensure fair judgment, including prosecution indictment, guaranteeing the defendant's right to defense, and evidence examination.
• The presumption of innocence and due process are fundamental principles of criminal trials, and appeals and final appeals are possible if one disagrees with the verdict.

1️⃣ Definition

Criminal trial refers to the legal procedure that determines whether a person accused of a crime (the defendant) is guilty, and if found guilty, decides on appropriate punishment. Simply put, it is the official process of determining whether someone has violated the law and the resulting punishment.

Criminal trials ensure that the state's punitive power is exercised fairly and legally, while also protecting the fundamental rights of the defendant.

💡 Why is it important?

• Criminal trials maintain legal order through social responses to criminal acts.
• They serve as a safeguard against the punishment of innocent people.
• They provide victims and society with confidence that legal justice is being served.

2️⃣ Structure and Characteristics of Criminal Trials

📕 Basic Structure of Criminal Trials

• Criminal trials have a structure that combines elements of the adversarial and inquisitorial systems. Criminal trials are primarily based on the adversarial system where the prosecutor (the state) and the defendant oppose each other, but they also include inquisitorial elements where the court can investigate evidence on its own initiative to discover the truth. The main participants in a criminal trial are the prosecutor, the defendant, the defense counsel, and the court. The prosecutor represents the state and works to prove the criminal charges, while the defendant exercises their right to defense. The defense counsel protects the defendant's legal rights and presents arguments on their behalf. The court examines the claims and evidence from both sides and makes fair judgments. Additionally, in certain cases, victims or their families may participate through victim participation programs.

• Criminal trials proceed through various principles and stages. The basic principles of criminal trials include the presumption of innocence, due process, public trial, and direct examination. Criminal trial procedures generally progress through the stages of indictment, trial preparation, the main trial, and sentencing. The indictment is the procedure where the prosecutor formally charges the suspect in court. Trial preparation involves organizing issues and preparing evidence for the main trial. The main trial is the core stage that takes place in the courtroom, where prosecutors and defense attorneys present evidence and examine witnesses. Finally, through sentencing, the court determines guilt or innocence and decides on punishment. If one disagrees with the first trial verdict, they can request a re-examination through appeals and final appeals.

📕 Characteristics and Principles of Criminal Trials

• Criminal trials control the exercise of the state's punitive power. Unlike civil trials, criminal trials involve the state exercising coercive power to impose punishment on individuals. Since this can significantly restrict individual freedom and rights, strict proof and procedural guarantees are required. The prosecutor must prove the defendant's guilt "beyond reasonable doubt," and if they fail to do so, the defendant is found not guilty. Additionally, criminal trials apply the "exclusionary rule" which limits the admissibility of illegally obtained evidence. This serves as a mechanism to prevent law enforcement agencies from collecting evidence illegally and to protect the rights of defendants. These characteristics of criminal trials serve to prevent the abuse of state power and protect the fundamental rights of defendants.

• The presumption of innocence and due process are core principles of criminal trials. The presumption of innocence is a fundamental principle guaranteed by the constitution that presumes a defendant to be innocent until proven guilty. Accordingly, the prosecutor bears the burden of proving guilt, and any doubts are interpreted in favor of the defendant. The principle of due process requires that all criminal procedures be conducted fairly according to legally established procedures. This includes various procedural rights such as the warrant requirement, the right to assistance of counsel, evidence disclosure, and the right to a speedy trial. The principle of public trial ensures transparency and fairness by requiring trials to be conducted openly. However, exceptions allowing closed trials exist in cases where there are concerns about national security, public order, or good morals. These principles form the foundation for ensuring the fairness and reliability of criminal trials.

Key Issues and Features of Criminal Trials

1. Burden of proof: The prosecutor must prove the defendant's guilt beyond reasonable doubt
2. Protection of defense rights: Guaranteeing the defendant's right to counsel assistance, right to remain silent, etc.
3. Admissibility of evidence: Legal standards for what evidence can be admitted in trial
4. Sentencing guidelines: Standards for determining appropriate punishment in case of a guilty verdict
5. Public trial: Transparency and public access to the trial process
6. Jury trial: Citizen participation in the judicial process through the jury system
7. Victim protection: Protection of victims' rights and their participation in the trial process
8. Appeals and final appeals: Procedures for challenging lower court decisions
9. Retrial: Request for reconsideration of a finalized guilty verdict
10. Criminal mediation: Reconciliation process between victims and offenders in minor crimes

3️⃣ Criminal Trial Procedures and Rights

✅ Main Procedures of Criminal Trials

• Criminal trials go through several stages from indictment to verdict. Criminal trials begin with the prosecutor's indictment. When the prosecutor determines that there is sufficient evidence of a crime after investigation, they submit a written indictment to the court. The indictment includes the defendant's personal information, the facts of the case (criminal content), and applicable laws. After receiving the indictment, the court sets a trial date and requires the defendant to attend. The first trial date typically involves confirming the defendant's personal information, notification of rights, and reading of the charges. The subsequent procedure may vary depending on whether the defendant admits to the charges. If admitted, the court may proceed quickly to a verdict after a simplified examination of evidence. If denied, a full evidence examination and argument process takes place. During the evidence examination stage, the prosecutor and defense counsel submit evidence and verify facts through witness examination. In the final arguments, both sides present their final opinions on the case, and the defendant has the opportunity to make a final statement. Once the examination is concluded, the court delivers its verdict.

• Post-verdict appeal procedures are also an important part of the criminal trial process. If dissatisfied with the first trial verdict, one can file an appeal within 7 days of the verdict. An appeal is a challenge to the original verdict claiming errors in fact-finding or application of law. The appellate trial generally follows a similar procedure to the first trial, but evidence already examined in the first trial can be reviewed through simplified methods. If dissatisfied with the appellate court's decision, one can file a final appeal to the Supreme Court within 7 days. Final appeals primarily challenge errors in the application of law, and in principle, findings of fact cannot be contested. The Supreme Court only reviews whether there were legal violations in the lower court's decision, and if it finds grounds for reversal, it either sends the case back to the appellate court or directly renders a verdict. Even after a final verdict is confirmed, one can request a retrial if significant errors are discovered. A retrial is a special appeal procedure granted when there are legally specified grounds, such as the discovery of evidence of innocence for a confirmed guilty verdict.

✅ Rights of Defendants and Victims

• Defendants are guaranteed various defense rights. Defendants in criminal trials have various rights. First, they have the right to assistance of counsel. Defendants can defend themselves with the help of their chosen counsel or court-appointed counsel, and in some serious cases, representation by counsel is mandatory. Second, they have the right to remain silent. Defendants cannot be forced to make self-incriminating statements and will not be disadvantaged for exercising their right to silence. Third, they have the right to examine and challenge evidence. They can review evidence submitted by the prosecutor, present evidence favorable to themselves, and cross-examine witnesses. Fourth, they have the right to a speedy trial. They should be able to receive a trial within a reasonable time without unnecessary delays. Fifth, they have the right to appeal. They can seek judgment from a higher court through appeals against unfavorable verdicts. These rights are important safeguards to ensure that defendants receive a fair trial.

• Victims' rights are also being strengthened. Traditionally, victims had limited roles in criminal trials, but recently, there has been a trend toward strengthening victims' rights. First, victims have the right to make statements. Victims have the opportunity to state the harm caused by the crime and express their opinions during the trial process. Second, they have the right to view and copy trial records. Victims can access and copy records related to the case. Third, they have the right to request information during the trial. They can receive information about the progress of the trial and the results of the verdict. Fourth, they can utilize the victim's state-appointed attorney system. Victims of certain crimes, such as sexual violence, can receive assistance from attorneys appointed by the state. Fifth, they can directly participate in trials through the victim participation system. Victims of certain serious crimes can participate in trials by questioning witnesses and expressing opinions. This strengthening of victims' rights reflects a change in perception that criminal trials are not merely a matter between the state and the defendant, but that victims' rights restoration and participation are also important.

4️⃣ Related Terminology

🔎 Indictment

• An indictment is the official document submitted by the prosecutor to the court to initiate a criminal trial.
• An indictment is the official document submitted by a prosecutor to bring a suspect to criminal trial. The indictment includes detailed information about the defendant's personal information, the facts of the case (criminal content), applicable laws (which laws were violated), and the legal basis for the indictment. The indictment serves the important function of limiting the scope of the criminal trial. In principle, the court can only examine and judge the criminal facts stated in the indictment, which is known as the 'principle of specifying the facts of indictment.' Once the indictment is filed, the suspect becomes a defendant and the criminal trial begins. Prosecutors must prepare indictments based on evidence and law, as groundless indictments can constitute false accusation or abuse of authority. The indictment is the starting point and guideline for criminal trials, and it must be prepared accurately and clearly to ensure the defendant's right to defense.

🔎 Evidence Disclosure System

• The evidence disclosure system requires prosecutors to disclose evidence they possess to the defendant.
• The evidence disclosure system is a system that requires prosecutors to disclose investigation materials and evidence in their possession to the defendant and defense counsel for review and copying. This system is designed to realize the 'principle of equality of arms' by allowing the defendant access to evidence monopolized by investigative agencies, thereby ensuring a substantial right to defense. Prosecutors must, in principle, disclose documents and evidence related to cases that have been indicted, as well as documents requested by the defendant or defense counsel. However, disclosure may be partially restricted in cases where there are concerns about the safety of witnesses or informants, the risk of evidence tampering, or national security. The evidence disclosure system was fully introduced through the 2007 revision of the Criminal Procedure Act and has become an essential mechanism for ensuring fair trials. Through this system, defendants can examine the credibility of prosecution evidence and secure evidence favorable to them.

🔎 Citizen Participation Trial

• A citizen participation trial is a criminal trial system where ordinary citizens participate as jurors.
• A citizen participation trial refers to a criminal trial system where ordinary citizens participate as jurors and are involved in fact-finding and sentencing recommendations. Introduced in 2008, this system aims to expand citizen participation in judicial procedures and enhance the transparency and democratic legitimacy of trials. It targets serious crimes such as murder, robbery, and sexual violence, and is conducted when the defendant desires it. Jurors are randomly selected from citizens aged 20 or older, and depending on the severity of the case, 5-9 jurors participate. Jurors review evidence during the trial process, observe witness examinations, and then present their verdicts on guilt or innocence and opinions on appropriate sentences. While the jury's verdict has no legal binding force, judges respect it and reflect it in their judgments. The citizen participation trial contributes to increasing public trust in the judicial system by providing new perspectives in judicial procedures based on the common sense and experience of citizens who are not familiar with legal terms and specialized knowledge.

5️⃣ Frequently Asked Questions (FAQ)

Q: What essential rights should a defendant know in a criminal trial?

A: Essential rights that defendants should know in criminal trials include the following. First, they have the right to assistance of counsel. If economic conditions are difficult, they can request a court-appointed counsel. Second, they have the right to remain silent. They cannot be forced to make self-incriminating statements and will not be disadvantaged for exercising their right to silence. Third, they have the right to examine and challenge evidence. They can review evidence submitted by the prosecutor, present evidence favorable to themselves, and cross-examine witnesses. Fourth, the presumption of innocence applies. Until proven guilty, the defendant is presumed innocent, and the prosecutor bears the burden of proving guilt. Fifth, they have the right to a speedy trial. Unnecessarily delayed trials violate the defendant's rights. Sixth, they have the right to appeal. They can file an appeal against a first trial verdict, and a final appeal against an appellate court verdict. These rights are specified in the constitution and the Criminal Procedure Act and are core mechanisms to ensure the defendant's substantial right to defense. If you feel these rights are being violated during the trial process, it is important to consult with your counsel immediately or raise objections to the court.

Q: What are the main differences between criminal trials and civil trials?

A: Criminal trials and civil trials differ in many aspects including purpose, parties involved, and burden of proof. First, they differ in purpose and outcome. Criminal trials aim at state punishment for criminal acts, resulting in penalties (imprisonment, fines, etc.) if found guilty. Civil trials, on the other hand, aim at resolving disputes between individuals and compensating damages, resulting in monetary compensation, contract fulfillment, etc. Second, the parties to the litigation differ. In criminal trials, the prosecutor (state) and the defendant are in opposition, while in civil trials, equal parties—the plaintiff and the defendant—are in dispute. Third, the burden and standard of proof differ. In criminal trials, strict standards apply where the prosecutor must prove the defendant's guilt "beyond reasonable doubt." In civil trials, proof "by preponderance of evidence" is sufficient, applying a relatively relaxed standard. Fourth, there are differences in procedures and principles. Criminal trials include various procedural guarantees to protect defendants, such as the presumption of innocence and strict application of evidence rules. Civil trials strongly apply the adversarial principle, with trials proceeding according to the parties' claims and evidence submission. Fifth, criminal and civil trials can be conducted separately for the same case, and can reach different conclusions.

Q: What happens to a criminal trial if the victim withdraws their complaint?

A: Even if a victim withdraws their complaint, whether a criminal trial proceeds depends on the nature of the crime and the stage of investigation or trial. First, in crimes requiring a victim's complaint for prosecution and crimes not prosecutable against the victim's will, the victim's intention has a significant impact. For crimes requiring a victim's complaint (certain types of defamation, insult, etc.), prosecution is only possible with the victim's complaint, and if the complaint is withdrawn, the prosecution is dismissed. For crimes not prosecutable against the victim's will (assault, intimidation, certain property crimes, etc.), if the victim expresses their unwillingness to punish, prosecution is not possible or ongoing trials are terminated. However, for most serious crimes such as murder, robbery, and fraud, the state can investigate and prosecute regardless of the victim's intention as "no right of prosecution" cases. In such cases, prosecutors can maintain the prosecution even if the victim withdraws their complaint. Additionally, after the indictment, even if there is a withdrawal of complaint, the trial generally continues unless the case is a crime requiring a victim's complaint. However, in practice, if there is an agreement with the victim and the complaint is withdrawn, this is often considered as a favorable circumstance in sentencing, leading to a reduction in punishment.

The effects of complaint withdrawal during trial proceedings are as follows. First, at the pre-indictment stage, for crimes requiring a victim's complaint or crimes not prosecutable against the victim's will, the investigation may be terminated. Second, after indictment, for crimes requiring a victim's complaint, a judgment dismissing prosecution is rendered. Third, for crimes not prosecutable against the victim's will, if the unwillingness to punish is expressed after indictment but before the first trial verdict, a judgment dismissing prosecution is rendered. Fourth, for general crimes, complaint withdrawal and agreement only affect sentencing, and the trial itself continues.

An amicable agreement with the victim is an important factor in reducing criminal punishment, so it is advisable to consider problem resolution through agreement in consultation with counsel. However, the effect of an agreement may vary depending on the severity of the case or the nature of the crime.