Criminal proceedings are the judicial process through which the court determines whether a person accused of violating criminal law should be punished. The prosecution seeks a conviction, the defendant presents a defence, and the court independently decides the case.

A defendant must identify and present favourable evidence and circumstances. Because the defendant is often the only non-lawyer among the principal participants in the proceedings, mounting an effective defence without professional assistance can be extremely difficult.

A failure to raise the proper arguments or submit necessary evidence may result in conviction, a criminal record and serious consequences for future proceedings, employment or education. Early and active legal assistance is therefore essential to protect the right of defence.

Economic Crimes	Fraud, embezzlement, breach of trust, receipt of improper benefits in breach of trust, unlawful deposit-taking, extortion, defamation, and related offences
Sophisticated Financial Crimes	Voice-phishing, market manipulation, credit-card offences, insurance fraud, unlawful investment schemes, and related offences
Drug Offences	Possession, sale, use, manufacture, import or export of cannabis, narcotics or psychotropic substances
Violent Offences	Assault, bodily injury, aggravated bodily injury, homicide, intimidation, obstruction of business, and related offences
Traffic Offences	Drink-driving, unlicensed driving, hit-and-run, retaliatory driving, and occupational negligent injury or death
Sexual Offences	Rape, quasi-rape, indecent assault, sexual harassment, prostitution offences, violations of laws protecting children and adolescents, and related offences
School Violence	Representation in school-violence proceedings involving either the affected student or the alleged offending student

Investigation Procedure

Criminal Complaint or Accusation
Case Registration
Police Investigation
Referral
Prosecution Investigation

For a person against whom a criminal complaint has been filed, it is important to identify the allegations before the police interview, formulate a response strategy and secure evidence contradicting the allegations. Where a police interview is requested unexpectedly, legal assistance is advisable at every stage, from coordinating the interview date with the investigator to organising the client’s statement and developing an overall defence strategy.

For a complainant, the key is to verify the relevant facts before drafting the complaint, identify the offence whose legal elements are satisfied, and substantiate the allegations with objective evidence. In light of the increase in criminal complaints and changes to police investigative authority, delays are common. It is therefore advisable to submit a complete and well-supported complaint capable of being referred to the prosecution without unnecessary delay, with assistance from a lawyer experienced in criminal law. Even if the police decide not to refer the case, the complainant may supplement the complaint, collect additional evidence and file an objection. As there is generally no statutory time limit for such an objection, this procedure should be used where appropriate.

Trial Procedure

Indictment
Trial Preparation and Pre-Trial Procedure
Confirmation of the Defendant’s Identity
Prosecution Opening Statement
Examination of Evidence
Prosecution Sentencing Submission
Final Defence
Closing of Proceedings
Judgment

A criminal trial begins when the prosecutor files an indictment. A victim may apply for a compensation order, and a detained defendant may apply for bail. Before the trial hearing, the case record should be reviewed and a written opinion submitted. Such an opinion ordinarily states whether the defendant admits or disputes the prosecution evidence and the charged facts, together with supporting evidence.

A central part of criminal defence is to review the record, identify both favourable and adverse matters and relevant circumstantial evidence, and actively defend the accused. The defence may prove its position through witness examination, requests for factual information and other evidentiary procedures. Because it is difficult and risky for a lay defendant to determine which evidence should be submitted and which methods of proof should be used, professional legal assistance is essential.

Detention and Bail Procedure

Warrant Review Hearing		Review of the Legality and Necessity of Detention		Application for Bail

Detention is a measure that restricts a suspect’s liberty in order to secure attendance at criminal proceedings, prevent destruction of evidence, facilitate the discovery of the truth and ensure execution of a final sentence. When a detention warrant is requested, a judge personally examines the suspect, hears the parties’ views and determines whether detention is warranted. This procedure is known as a warrant review hearing.

Once detention has been ordered, the detained person may request judicial review of whether the detention is lawful and remains necessary. The defendant may also apply for bail, under which detention may be suspended subject to appropriate conditions.