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Article 218
 

(Consular Investigation of Criminals in Overseas Election)


(1) Pursuant to Articles 200 and 221 of the Criminal Procedure Act, a consul may demand a suspect involved in a violation of this act or any person
other than suspects to make an appearance in the overseas diplomatic or consular mission to hear statements from the suspect or person at the
request of a court or a public prosecutor.


(2) In order for a court or a public prosecutor to request a consul to hear statements, the court or a public prosecutor shall make such request
through the Ministry of Justice or the Ministry of Foreign Affairs. A judicial police officer may file an application with the competent public
prosecutor for requesting a consul to hear statements.


<Amended by Act No. 11690, Mar. 23, 2013>


(3) When a consul hears statements pursuant to paragraph (1), he/she may prepare the record of details of statements or receive a written statement
from the person who makes statements and may record the proceedings with a video recording system: Provided, That if the person who makes
statements is not a suspect, such video recording shall be subject to the person’s consent.


(4) Articles 48, 50, and 161-2 through 164 of the Criminal Procedure Act shall apply to the procedure and method applicable to cases where a
consul hears statements at the request of a court. 


(5) Articles 4241, 242, and 243-2 through 245 of the Criminal Procedure Act shall apply to the procedure and method applicable to cases where a consul hears statements at the request of a public prosecutor.


(6) A consul shall forward the record prepared pursuant to paragraph (3) and written statements submitted by the person who made statements or video
recordings to the competent court or public prosecutor immediately through the Ministry of Foreign Affairs or the Ministry of Justice.


<Amended by Act No. 11690, Mar. 23, 2013>


[This Article Newly Inserted by Act No. 11374, Feb. 29, 2012]