In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer or the accused who possessess indigenous peoples status, the court offers public defenders to protect the rights and interests of the accused.
The Branch has a public defender's office. All criminal cases involving felonies punishable with imprisonment exceeding three years, a public defender shall be assigned for the defendant, provided that the defendant has not retained a lawyer. Other criminal cases where the presiding judge deems it necessary, a public defender may also be assigned in the interest of that defendant.
The Layout of Criminal Courts
The public prosecutor or the attorney of private complainant and the defender of defendant in criminal trial are seated at the right and left sides in front of the seats of judges. Manacles or fetters of a detention defendant must be released, so that he can speak freely in trial. If an accused commits an offense for which the minimum punishment is imprisonment for not less than three years and has no retained a defense attorney, the presiding judge should assign public defender for the defendant. If it is necessary for the other cases, the same rule will be applied too.
- Release Date:2020-11-09