A criminal case is a case involving an act that is stipulated by law as an offense and subject to criminal penalties.
Criminal Proceedings and Processes
1.1 Criminal Proceedings by Citizens When a crime is committed, the citizen, who is the victim, begins by filing a complaint with an investigative/investigating officer. Alternatively, the victim may choose to file a lawsuit themselves. In the case of filing a lawsuit themselves, the victim can appoint a lawyer to draft a complaint and file the lawsuit directly with the court. The next step is the court proceedings. However, if the victim chooses to file a complaint, they may file a complaint with an administrative officer or police officer. The officer will then record the complaint. The investigator will then begin the investigation and submit the case summary to the prosecutor for prosecution. This leads to further legal proceedings in court.
1.2 State criminal proceedings can be divided into two types: private offenses and public criminal cases. For private offenses, such as fraud, embezzlement, or defamation, the state cannot initiate the proceedings itself. Prosecution must first be initiated by a complaint from the victim. The investigating officer then has the authority to investigate, and the prosecutor then has the authority to file the case in court.
However, for state crimes, the state can prosecute the case itself, regardless of whether there is a complaint or accusation from any individual. The investigating officer can initiate the investigation by himself, based on the authority of Section 121, first paragraph, of the Code of Criminal Procedure. At this stage of criminal proceedings, there are legal provisions that stipulate the rights of the accused and the powers and duties of police officers, such as provisions regarding the execution of summonses and criminal warrants, arrest, detention, and searches, as well as provisions regarding the powers and duties of investigating officers, procedures, and methods of investigation.