The Principles of Prosecution

These principles aim to set forth the spirit and fundamentals of prosecution so that
all members of the Prosecution Service fulfill their duties with a sense of mission andwithout losing direction in any situation, thus ensuring the proper conduct of allactivities of the Prosecution Service and securing the trust of the people which is thebasis of prosecution.
The Prosecution Service is entrusted with the solemn responsibility of discovering
the truth in each case and applying the criminal laws properly and promptly, while
ensuring the maintenance of public welfare and guaranteeing fundamental humanrights. We must deeply recognize this demanding duty and actively undertake ourtasks always with fairness and integrity.
We encounter various challenges when we endeavor to discover the truth in cases,
which is a prerequisite to the proper exercise of punitive authority. Faced with thesechallenges, the Prosecution Service is expected to maximize the use of its knowledge
and skills in the uncompromising search for the truth.
Obtaining conviction by any means in all cases is not our goal, nor should we seek toimpose harsh sentences without regard to the nature of the case. Our objective is toachieve proper dispositions and proper sentencing for each case, corresponding to its
nature and representing the common sense of the people.
In order to achieve such objectives, we must firmly maintain a fair stance to avoid
making distorted decisions. “Uncompromising pursuit of justice and impartiality”aswell as “neutrality and independence”should be our indissoluble mottoes not to beinfluenced by any enticement or pressure in the exercise of our duties. We should
never act for our own fame or reputation and should have courage to take action, ifnecessary, that would undermine these personal interests.
At the same time, we should retain humble attitudes and continuously reflect upon
the exercise of our powers to see that it serves the best interests of the people and does
not lapse into self-righteousness.
In endeavoring to fulfill the responsibility bestowed on the prosecution, we should
not be content to rest upon past accomplishments and experiences.
We should sustain unremitting efforts to build a stronger foundation for theprosecution and improve our criminal justice system. We should be open-minded,paying attention not only to the criminal justice system but also to external disciplines,
seeking advanced knowledge and progressively attaining various new achievements indifferent fields.
We, as one of the main actors in the criminal justice system, are determined to carryout the mandate given by the people, bearing in mind the aforementioned and taking
pride in fulfilling our duties with a sense of mission.

1. Bearing in mind the responsibility to work for the public interest as servants of thewhole community, we shall abide by laws, rules and regulations and undertake ourtasks with fairness and integrity under the mottoes of uncompromising pursuit ofjustice and impartiality as well as neutrality and independence;
2. We shall carry out our tasks with full understanding of the roles of judges anddefense counsel in criminal procedure, respecting fundamental human rights andensuring due process in criminal procedure;
3. We shall strive to the utmost to discover the truth in each case with all ourknowledge and skills to ensure that no innocent parties are found guilty and allthose responsible are brought to justice;
4. We shall pay due attention to the assertions of suspects or defendants, endeavor tocollect all relevant evidence, both incriminating and exculpatory, aggravating andmitigating, and make rational and sensible evaluation of evidence from variousperspectives;
5. In interviewing witnesses and suspects, we shall strive to obtain true statements,
while securing their voluntary nature and the fairness of the questioning;
6. We shall pay due attention to the opinions and views of victims of crime or theirfamily members and uphold their legitimate rights and interests;
7. We shall take proper custody of evidence and information in cases and ensure theirconfidentiality to avoid damaging the reputation of those concerned and to avoid
hindering investigation or trial proceedings;
8. We shall endeavor to contribute to the prevention of crime, the rehabilitation ofoffenders and other aims of criminal justice, in cooperation with police and other law
enforcement authorities, correctional and probation services and other relevant
agencies and organizations;
9. We shall continue our efforts to acquire and improve our knowledge and skills onlaws and legal issues and seek to attain broader knowledge and education which
will enable us to cope with diverse and evolving issues;
10. We shall act with constant reflection on past experience and build an organization
with vitality and with a culture of free and active discussion, as well as mutual
assistance and cooperation.