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| TITLE | Supreme Court en banc Order 2015Do10651 Dated November 22, 2018 【Violation of the Act on the Aggravated Punishment, Etc., of Specific Economic Crimes (Breach of Trust)】 [full Text] |
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| Summary | |
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For cases requiring the presence of the defense counsel, where an appellate court appoints a public defense counsel, notifies the receipt of the records of trial to the defendant-appellant and his/her defense counsel, and then revokes the appointment of the public defense counsel upon the defendant’s appointment of a private defense counsel, whether the appellate court should send the same notification to the newly appointed private defense counsel (negative), and in such a case, the initial date from which the period for filing a statement of reasons for appeal is calculated (held: the date at which the public defense counsel or the defendant was notified of the receipt of the records of trial) Whether Article 156-2(3) of the Regulation on Criminal Procedure, which mandates the appellate court to notify a newly appointed public defense counsel of the receipt of the records of trial when the appointment of the previously appointed public defense counsel is revoked within the period for filing a statement of reasons for appeal due to a reason that is not attributable to the defendant, is applicable extensively or by analogy to the case of a newly appointed private defense counsel (negative) |
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