Laws and Regulations Retrieving System

Article 2
When accepting death penalty cases, as submitted by the Supreme Prosecutors Office, the Ministry of Justice shall carefully review the following matters:

1. Whether or not the prosecutor, the defendant and the defense attorney have received the written judgment of the final and binding verdict.
2. Whether or not more than twenty days have elapsed since the defendant and the defense attorney have been served with the final written judgment.
3. Whether or not an extraordinary appeal has been filed by the Attorney General.
4. Whether or not there has been a court ruling suspending the execution of a death penalty in accordance with Article 435, Paragraph 2 of the Code of Criminal Procedure.
5. Whether or not the Constitutional Court has issued a preliminary injunction order in accordance with Article 43 of the Constitutional Court Procedure Act.
6. Whether or not there is a written reply after the pardon.
7. Whether or not a written proposal is received, in which amnesties, pardons, or commutations were discussed pursuant to the Amnesty Act.
8. Whether or not a condition as described in the provisions of Article 465 of the Code of Criminal Procedure exists.

If the review by the Ministry of Justice identifies that one of the circumstances or grounds, as mentioned in the preceding paragraph, exists, the execution shall not be ordered before the conclusion of the relevant procedures.
If the review by the Ministry of Justice identifies that the case warrants a retrial or an extraordinary appeal, the case shall be submitted to the Supreme Prosecutors Office for a further review.
 
Article 3
After the Ministry of Justice approves an order to execute the death penalty case, a written order shall be sent to the Supreme Prosecutors Office to be forwarded to the relevant High Prosecutors Office, or its division office, so that an executive prosecutor may be assigned to execute the death penalty, pursuant to the law, within three days. However, if the executive prosecutor identifies that the case does have grounds for a retrial or an extraordinary appeal, he may telephone the Ministry of Justice requesting for a further review within three days.
After the executive prosecutor requests a review in accordance with the provisos in the preceding paragraph, the Ministry of Justice shall submit the case to the Supreme Prosecutors Office for a further review.
After a death penalty order has been issued, the execution shall not be suspended except in the case of the proviso to Paragraph 1 or in any of the following circumstances:

1. The Constitutional Court has issued a preliminary injunction order in accordance with Article 43 of the Constitutional Court Procedure Act.
2. There has been a court ruling suspending the execution in accordance with Article 435, Paragraph 2 of the Code of Criminal Procedure.

 
Article 5
Before the prisoner enters the execution ground for the execution of a death penalty, the prison authority shall hold a religious ceremony within a reasonable scope according to the wishes of the prisoner.
 
Article 11-1
For Cases of retrial, extraordinary appeal, or constitutional litigation that were filed before the amendment came into effect on April 18, 2025, but have not concluded in litigation, the regulations in effect prior to the amendments shall apply.
 
Article 12
These regulations shall come into effect on July 15, 2020.
The amendments to the regulations shall come into effect on April 18, 2025.