Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1257)
The main purpose of Presidential Decree No. 1257 is to amend certain sections of Presidential Decree No. 968, known as the Probation Law of 1976, in order to strengthen its provisions and ensure better achievement of its objectives.
The court may grant probation after convicting and sentencing a defendant but before the defendant begins to serve the sentence, and only upon the defendant's application.
The filing of the application for probation is deemed a waiver of the right to appeal or an automatic withdrawal of a pending appeal. However, if the application is filed after the appellate court's judgment, the trial court shall act based on the appellate court's judgment.
No, an order granting or denying probation is not appealable.
The probation officer must submit the investigation report to the court not later than sixty days from receipt of the court's order to conduct the investigation.
The court must resolve the application for probation not later than fifteen days after receiving the investigation report.
The probationer has the right to be informed of the violation charged, to be admitted to bail pending hearing (subject to bail rules), to have a summary hearing, to adduce evidence in his favor, and to have the State represented by a prosecuting officer if the hearing is contested.
If the violation is established, the court may revoke probation or continue it with modified conditions. If revoked, the court orders the probationer to serve the sentence originally imposed.
No, such orders are not appealable.
The substantive provisions concerning the grant of probation took effect on January 3, 1978.
The court shall notify the prosecuting officer of the filing of the application for probation, and the prosecuting officer may submit comments within ten days from receipt of the notification.
Yes, probation may be granted whether the sentence imposes a term of imprisonment or a fine with subsidiary imprisonment in case of insolvency.