Article 9-4

 

Article 91-1 of the Criminal Code amended on January 7, 2023 shall come into force on July 1, 2023.

 

A person receiving compulsory treatment before the amendment of the Criminal Code on July 1, 2023 shall continue to be subject to the treatment after such amendment.

 

In the event of the preceding paragraph, within six months after the amendment of the Criminal Code on July 1, 2023, the prosecutor of the original execution shall apply for a judgment to the court that made the final judgment on the criminal facts of the case in accordance with paragraph 2 of Article 91-1of the amended Criminal Code for the period of compulsory treatment.

 

For the application prescribed in the preceding paragraph, if the compulsory treatment has been executed for more than five years when the court makes the decision, it shall be regarded as the first application for extension according to the provisions in paragraph 2 of Article 91-1 of the amended Criminal Code; for the treatment which has been executed for over eight years, it shall be regarded as the application for the second extension.

 

Under any of the following circumstances, the court that made the final judgement on the criminal facts of the case shall make a ruling in accordance with the provisions of paragraphs 2 and 3 of Article 91-1 of the Criminal Code, and the provisions of the preceding paragraph shall apply:

1.Before the amendment of the Criminal Code on July 1, 2023, the court ruled to suspend the execution of treatment, and after the amendment of the Criminal Code on July 1, 2023, the compulsory treatment is continued upon application.

2.In the case of paragraphs 2 or 3, after the amendment of the Criminal Code on July 1, 2023, the court ruled to suspend the execution of treatment, which is subsequently continued upon application.