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Article 218
 

(Investigation of Criminals in Overseas Election by Internet-based Video Conferencing)


(1) A public prosecutor or judicial police officer may hear statements from a suspect involved in a violation of this Act or any person, other than
suspects, who makes an appearance in an overseas diplomatic or consular mission pursuant to Article 200 or 221 of the Criminal Procedure Act by
Internet-based video conferencing.


(2) When a public prosecutor or judicial police officer intends to hear statements pursuant to paragraph (1), he/she shall notify the head of the relevant overseas diplomatic or consular mission through the Ministry of Justice or the Ministry of Foreign Affairs of the case that he/she intends to investigate, and the competent consul shall participate in hearing statements.


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


(3) A public prosecutor or judicial police officer may prepare the record of statements while hearing statements pursuant to paragraph (1) and shall
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) A public prosecutor or judicial police officer shall forward the record that he/she has prepared to the relevant overseas diplomatic or consular
mission, and the consul shall print out the record and hand over it to the person who has made statements for inspection.


(5) Articles 241, 242, and 243-2 through 245 of the Criminal Procedure Act shall apply mutatis mutandis to the procedure and method for hearing statements pursuant to paragraph (1).


(6) A consul shall forward the completed record to the public prosecutor or judicial police officer through the Ministry of Foreign Affairs or the
Ministry of Justice.


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


(7) A record prepared pursuant to paragraphs (1) through (6) shall be deemed the same as a record prepared by a public prosecutor or judicial police
officer within the Republic of Korea.


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