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Don't Be Afraid: Criminal Procedure Trial Edition
Don't Be Afraid: Criminal Procedure Trial Edition
Description
Book Introduction
Without fear, confidently
Telling you how to find your rights
A must-read for democratic citizens!
Don't Be Afraid: Criminal Procedure: Trial Edition

The Lawyers for a Democratic Society (Minbyun), a staunch friend and ally of democratic citizens and candlelight vigils, has published "Don't Be Afraid of Criminal Procedure: Trial Edition."
This is a follow-up to the 2015 revised edition of 『Don't Be Afraid of Criminal Procedure: Investigation Edition』, and is a criminal trial response manual that provides an easy and clear explanation of the full-scale trial process from the perspective of the suspect and defendant, and suggests action plans.
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index
Preface

Part 1: General Introduction: Criminal Trials at a Glance
1.
I'm being tried for a criminal offense
2.
What is the difference between a criminal lawsuit and a civil lawsuit?
3.
The criminal trial process begins with the prosecutor's indictment.
4.
If you have received the indictment and the summons
5.
Criminal trials and attendance
6.
How does a criminal trial proceed?
7.
How do judges determine guilt or innocence?

Part 2, First Trial is the most important
1.
Trial preparation process
2.
First trial date and trial preparation procedures
3.
Evidence and evidentiary capacity
4.
Request for evidence and investigation of evidence
5.
Emotions and Verification
6.
Verification request and evidence investigation
7.
Witness examination and defendant examination
8.
Criminal agreement and deposit
9.
Detention and bail in criminal trials
10.
Submission of closing statement and summary of arguments
11.
Brother's sentence
12.
Post-judgment procedures

Part 3 Special Trials
1.
Citizen Participation Trial
2.
Abbreviated procedure
3.
Summary judgment

Part 4 Criminal Trials and Human Rights
1.
Criminal Trial Procedures and Victim Protection
2.
Special provisions for the disabled, victims of sexual violence, juveniles, and foreigners

Part 5: Practical
1.
Cases of assembly and obstruction of official duties
2.
National Security Act
3.
freedom of expression

Don't be scared! Legal terms

Into the book
A criminal trial is a process of determining whether a defendant is guilty or not.
Criminal procedure is a device to ensure fair judgment.
The important thing is to know how the judge determines guilt or innocence through the process.
The order in which a judge determines guilt or innocence is elements of the crime → illegality → criminal responsibility.
If all three of the above are examined in order and determined to be present, the defendant is found guilty; if even one of them is not present, the defendant is found not guilty.

--- From “Part 1, “How Do Judges Determine Guilt or Innocence?”

The defendant's closing statement is the last opportunity to speak directly to the court before the verdict is announced, after all evidence has been examined.
Therefore, it is necessary to state what you want to say in as concise a manner as possible.
If there is a lawyer, the legal aspects are argued separately in the lawyer's closing argument.
So, it is effective to talk about things other than the legal aspects, such as the unfair aspects you felt as a party during the case, the parts you most want to emotionally appeal to the court, and your thoughts during the trial process.
If there is something important you want to say, you can write it down on a piece of paper in advance and read it.
If you are claiming innocence, it is best to point out the most unfair points in the prosecution's indictment and express them directly in words.
If you are hoping to receive a lighter sentence, you need to state the circumstances that require leniency in detail (agreement with the victim, raising young children, supporting elderly parents, illness, financial difficulties, sincere reflection, etc.).
Because the judges who make up the court are also human, the nuances conveyed directly from person to person through words are perceived qualitatively differently than those seen in documents and records.
From the court's perspective, you, as a party to the case, should prepare your statement by considering what you think would be most persuasive.
The practical meaning of the presiding judge giving the defendant an opportunity to say, “Defendant, if you have any final words,” before concluding the trial according to the law, is that “the defendant can directly verbally convey what he or she wants to say to the court without interference from anyone.”
--- From “Part 2, “Submission of Final Statement and Summary of Argument”

Q.
If the perpetrator is criminally punished, can I automatically receive compensation for the damages?
A.
no.
Even if the perpetrator is tried and convicted, he or she is not automatically entitled to compensation for the damages.
In order to receive compensation for damages, one must either mediate the case during the investigation, reach a settlement during the criminal trial and have the agreement recorded in the trial record, or file a lawsuit for damages separately from the criminal trial of the perpetrator.
(p.273) --- From “Part 4, Special Cases for the Disabled, Victims of Sexual Violence, Juveniles, and Foreigners”

For those of us who have grown accustomed to the Cold War logic of the National Security Act, which interprets North Korea as an anti-state organization, the National Security Act trial is a story from a distant land.
But in today's climate where the leaders of North and South Korea and the leaders of North Korea and the United States frequently hold summits, everyone's interest in North Korea is growing.
Public opinion favorable to North Korea will be formed, and contact, exchange, and travel with North Korea will arise.
In this way, you too may naturally engage in actions that violate the National Security Act, such as praising the North Korean leader or agreeing with North Korea's claims, without being greatly aware of the National Security Act.
If inter-Korean relations become inconsistent and improve and then worsen, your actions related to North Korea could become a problem under the National Security Act, which could lead to serious trouble.
Your interactions, contacts, exchanges, meetings, and words and actions in an atmosphere of mutual respect during an era of peace and reconciliation could become targets of the National Security Act and subject to accusations of pro-North Korea sentiment.
Since the division, the logic behind the application of the National Security Act has not changed.
Therefore, your carelessness in completely ignoring the National Security Act, intoxicated by the dream of peace, prosperity, and unification on the Korean Peninsula just because inter-Korean relations have improved, could lead to unexpected dangers.
This is why you should study the "Don't Be Afraid" secrets in this book in case you are tried under the National Security Act.
--- From “Part 5, National Security Act”

Q. Will I be punished for simply forwarding or retweeting someone else's post on social media?
A.
right.
Even if you simply repeat false rumors spread by others, you will be punished as well.
Because it would be considered an act of spreading rumors.
However, the punishment may be a little lighter than that of the person who originally coined the term.
So, don't be so quick to click retweet or share.
You should be suspicious that this article is fake news, and if there are such circumstances, you should not spread the word.
Q.
How much should I give as a settlement amount?
A.
There is no set standard for the settlement amount.
The most important criterion is the extent of the damage suffered by the victim due to defamation or insult.
If you have suffered irreparable emotional damage or have had your social reputation seriously damaged because of a lie you told, you should pay a large settlement.
If it is just simple swearing or defamation, it is often settled at around 500,000 won or 1 million won.
It is also a good idea to seek the assistance of a lawyer when determining the amount of the settlement.
--- From “Part 5, Freedom of Expression”

Publisher's Review
Criminal trial procedures: Why do I need to know them?
In the summer of 2008, Gwanghwamun Square was filled with citizens holding candles.
It was a candlelight vigil triggered by the announcement of import restrictions on American beef.
Again in the spring of 2014, citizens poured into the square wearing yellow ribbons, and two years later they called for the impeachment of the president.
Minbyun was busier than anyone else at the scene.
This is because incidents of indiscriminate arrests were taking place not only of protest participants but also of innocent civilians passing by.
There have even been cases where people have fallen into traps due to ignorance of the law, even though it was not a proper investigative procedure.
Many people were confused or scared by the laws and procedures they were suddenly faced with.
Minbyun, while providing free legal representation for these individuals, realized that in addition to practical assistance, it was more important than ever to impart knowledge about the law and judicial procedures.
We began to think about ways for each and every member of society to properly enjoy their basic democratic rights and to stand tall and confidently before public power.


The law is closer than you think!
The 'Don't Be Afraid of Criminal Procedure' series was born from Minbyun's concerns.
We also established three principles to write a criminal procedure commentary that anyone can understand.
First, we will use simple terms; second, we will explain based on real-life examples; and third, we will also examine new types of human rights violations and how to respond to them.
The table of contents is also organized according to the trial proceedings, so as you turn each page, you will be able to picture the big picture of the trial in your mind.
As the trial progresses, we provide examples of documents and content to prepare, as well as practical tips in the middle of the text for anything that needs to be checked or that may be helpful.
At the end of each chapter, there is a Q&A corner, which organizes the entire chapter content in a question-and-answer format to review the content of the main text.
Furthermore, it covers issues that are more closely related to our lives, such as ‘violations of the National Security Act,’ ‘freedom of expression,’ and ‘violations of the Assembly Act,’ confirming that the law is closer to us than we think.

As we live in this world, we inevitably face civil and criminal trials for various reasons.
If you are so confused and have no idea where to start or how to proceed, I recommend reading "Don't Be Afraid: Criminal Procedure: Trial Edition."
You will be able to hear vivid advice from Minbyun lawyers who have comforted the hearts of countless people in the field.
GOODS SPECIFICS
- Date of publication: May 20, 2019
- Page count, weight, size: 340 pages | 518g | 140*210*22mm
- ISBN13: 9788965135555
- ISBN10: 8965135559

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