02.Application for Reconsideration

• Publication Date： 2021-01-28
• Last updated：2022-06-26
• View count：215

No	2-1	2-2
Application Item	Application for Reconsideration	Application for Reconsideration
Application Content	The Applicant is unsatisfied with a written ruling of deferred prosecution or not to prosecuter.	The Applicant is unsatisfied with setting aside a ruling of deferred prosecution
The Requester	A complainant	A defendant
Application Procedure	File a application to the original prosecutor of our Office.	File a Application to the original prosecutor of our Office
Attach with Documents	The reasons for dissatisfaction with the original prosecution, relevant evidence and supporting documents.	The reasons for dissatisfaction with the original prosecution , relevant evidence and supporting documents.
Accepting Authority	The original public prosecutor's office.	The original public prosecutor’s office.
Application Period	Within ten days after the receipt of a written ruling not to prosecute or a written ruling of deferred prosecution.	Within ten days after the receipt of written ruling of setting aside a ruling of deferred prosecution.
Disposal Time Limit	Accept at any time.	Accept at any time.
Review Authority	1.If the original prosecutor acknowledges that the application has exceeded the statutory period, it shall be dismissed. 2. If the original public prosecutor considers that the application for reconsideration is well-grounded: (1) Application is from the complainant , the original public prosecutor shall set aside his ruling and continue the investigation or initiate a prosecution. (2) Application is from the defendant , the original public prosecutor shall set aside his ruling . 3. If the original public prosecutor considers that the application for reconsideration is groundless, he shall immediately send the file and exhibits of the case to the chief public prosecutor of the higher court or the public prosecutor general.	1.If the original prosecutor acknowledges that the application has exceeded the statutory period, it shall be dismissed. 2. If the original public prosecutor considers that the application for reconsideration is well-grounded, the original public prosecutor shall set aside his ruling . 3. If the original public prosecutor considers that the application for reconsideration is groundless, he shall immediately send the file and exhibits of the case to the chief public prosecutor of the higher court or the public prosecutor general.
Fee	Free of charge	Free of charge