Legal Procedures for Abnormal Trial Termination

Abnormal Termination of the Trial

It is standard for a sentence to be completed after a trial, or if it is not necessary to proceed to an open trial.

Termination by Agreement of the Accused

Under Track T-8, this eliminates procedural steps and shortens the process, but it does not prevent the court from passing a sentence. Conformity does not mean the facts do not need to be adequately supported; rather, it translates the sentence into the outcome of the trial, concluding that events occurred which deserve a specific penalty. The external structure of the sentence remains unchanged by the fact of conformity.

Termination by Pardon of the Victim

According to Article 130 of the Penal Code, criminal liability is extinguished by the forgiveness of the offended party if the law so provides. This applies to:

• Discovery and revelation of secrets
• Slander and insult (injuria) crimes
• Negligence involving amounts greater than 80,000
• Threats, injury, or death through carelessness

Extinguishing criminal liability extinguishes the crime itself. Forgiveness must be produced expressly by the person offended or injured. A pardon once the trial has begun determines an immediate end with an acquittal sentence, where the court verifies the existence of the pardon granted by law.

Termination by Death of the Accused

Criminal action is extinguished by the death of the guilty party. However, liability arising from the facts charged to the deceased may still be pursued against their heirs in civil proceedings.

Completion of the Trial Due to Resignation

This occurs in private crimes such as libel and slander, or crimes prosecuted following a complaint by the injured party, including:

• Sexual assault
• Crimes against industrial and intellectual property
• False reports

With the resignation of the injured party, they declare their intention not to indict the guilty party. If this occurs during the trial, the proceedings are terminated. However, if there are other accusers who do not renounce the trial, it will continue until a final sentence is reached.