In short
Joining the public prosecution gives the person harmed by the offence a voice at the hearing and on the remedy. It is not a copy of the complaint petition. The request is built at the prosecution stage. The intervening status does not arise before the court accepts it. A calculation of non-pecuniary damage is not written into this request. The general frame of the distinction between the victim, the complainant, and the intervening party is in the article on how a victim’s rights are used.
The request to join is not a second copy of the complaint
The complaint is the will declared for the investigation. Intervention is the request to take a place beside the public prosecution after the indictment is accepted. The same event can appear on both papers. Their work is not the same. Giving the complaint petition to the court again is not counted as a request to join. The request writes the merits number of the case that is sought to be joined, and the status that is asked for. It does not have to be a long complaint text in which the event is told from the start.
If the merits number is not in the file, a number is not invented. The investigation number is not written in place of the prosecution merits. If the two numbers stand side by side, the request shows the merits of the case that is joined. If the accused’s name is written in the indictment, it is taken from there. A person who is not in the indictment is not made an accused by this petition. If there is a claim of a new act, the act stands on a separate line from the joining sentence, and by stating with which evidence it is shown. The new act is not the request to join itself. The court is not treated as having widened the scope of the indictment of its own accord with this line.
If there is more than one person harmed by the offence, each one asks in that person’s own name. One person’s petition does not give the intervening status to the other. If a legal person was harmed, it gives the request together with the record of representation. If there is no record, the signature is not counted as the legal person’s intervention. The intervention of a person who is financially responsible is asked for separately as well. This page does not list the conditions of financial responsibility. The condition is read from the capacity in the file.
The request is built at the prosecution stage
The prosecution opens with the acceptance of the indictment. The complaint sentence at the investigation stage does not produce the intervening status of its own accord when the prosecution opens. The request is built separately after the public prosecution is opened. The course of the investigation is in the article on how a prosecution investigation works. The sentence “I want to join,” given while the investigation continues, does not give birth to the intervening status before the indictment is accepted. The sentence can stand in the file. The status arises with the decision in the prosecution.
The request is made to the court by a petition, or orally at the hearing. An oral request is entered in the minute. If it is not in the minute, the request is not treated as made. The court gives a decision of acceptance or refusal after hearing the public prosecutor, the accused, or the defence counsel if there is one. The decision is served on the persons concerned who were not present at the hearing. If there is no service annotation, the day the decision reached you is not written from this page. The ground of a refusal decision can show which condition was seen as missing. The gap can be the absence of the merits number in the petition, or the capacity not being shown. The refusal does not mean the event did not happen.
If the hearing day stands on the summons paper, it is read from there. If there is no summons, a day is not added from this page. A mediation meeting is not the hearing at which the request to join is built. How mediation works is in the article on what mediation is. If a settlement was reached and the file fell, there may not remain a public prosecution to be joined. If a settlement was not reached and the indictment was accepted, the intervention is asked for with the merits number of that case.
The voice at the hearing does not take the prosecutor’s place
The intervening party may follow the hearing. The intervening party may submit, within the procedure, the requests relating to the evidence and to the account. The intervening party benefits from the rights given to the public prosecutor to the extent the Act gives them to the intervening party. The voice does not take over the prosecutor’s office. Taking the place of the prosecuting office is not raining questions on the accused, or writing the direction of the judgment in advance. The court assesses the request inside the order of the trial. There is no promise that every request will be accepted.
The hearing minute shows whether the voice passed. If it is not in the minute, the voice is not added later from this page. If a question will be put, the question is built through the court and according to the order of the hearing. The text of the question is not memorised in advance. A fact that is known is asked. A detail that is not remembered is not prepared so as to be said by the witness or by the accused. If a minute was kept in the intervening party’s absence, the result of the absence is read from the record on the summons. If there is no record, the result is not completed from this page.
Following with an attorney is possible if the power of attorney is standing in the file. The attorney being in the courtroom is not always counted as enough in the case where the court wants to hear the person in person. If the summons says to come in person, the summons and the power of attorney are read together. The power of attorney does not mean the request to join was accepted by the court either. The acceptance decision is separate.
The remedy depends on the intervening status
The intervening party may use the remedy against the judgment to the extent the Act gives it to this status. Being a complainant does not open the same route while there is no decision of intervention. A request to join that was raised at the court of first instance and was refused, or was not decided, can be examined on condition that it was stated expressly in the application for a remedy. A request to join is not built for the first time in the remedy proceedings. This limit does not turn the complainant’s not liking the judgment, of its own accord, into a petition of appeal or of cassation.
The period of the remedy is read from the annotation on the service of the judgment. This page does not write a day into that period. The manner of examination of the appeal or of the cassation is not built here. The limit is whether the intervening status stands together with the judgment. A remedy sentence written before the judgment is served does not take the place of the service annotation. The authority on the annotation shows the authority in the petition. If there is no authority line, an authority is not chosen from this page. The intervening party goes to the remedy only in the direction that concerns the intervening party’s own right. The intervening party does not take over the prosecutor’s route and write every sentence of the judgment again from this page.
The damages calculation stays outside this request
Intervention is for a voice in the criminal case. The amount, the rate, or the method of calculation of non-pecuniary damage is not written in this petition. A claim of a personal right is a separate route. The fact that harm was suffered can be written in the criminal file. The fact does not take the place of the calculation of the amount. An invoice or a treatment paper does not give birth to the intervening status of its own accord. That paper can be read as evidence if it stands together with the request at the prosecution stage. Being evidence does not mean the damages action was brought.
If a claim of a personal right will be raised in the criminal court, the request has its own conditions. This page does not build those conditions or the interest calculation. The criminal judgment and the damages judgment are not the same sentence. An acquittal does not close every damages route of its own accord. A conviction does not produce the amount of damages from this petition either. The two routes are not treated as joined on the same page. A figure written in the petition to join does not mean the court accepted that figure.
The ground of refusal and the hearing day are read separately
The refusal does not mean the event did not happen. The ground can be that the capacity was not shown, that the merits number was not written, or that the request was made before the prosecution opened. If the gap can be cured, a new request closes the gap in the ground of the refusal. Repeating the same sentence without looking at the ground does not close the gap of its own accord. If the refusal decision was served, the service annotation is kept. If a period is written on the annotation, the period is read from that annotation. This page does not write a day into the period.
If a new accused is added to the indictment after the acceptance, the old acceptance does not spread to the new accused of its own accord. The decision is read as far as the merits and the accused for which it was given. A person who is not written in the decision is not counted as the addressee of the intervening party’s voice. The hearing is attended with identity, the summons paper, and a copy of the acceptance decision if there is one. If a new document will be submitted, the document is given with a separate petition that says which fact it corresponds to. An explanation is not written on the document. If a statement is asked, what you know is said. A place you do not remember is not completed by guess so as to fill the gap in the old complaint.
After the judgment, the reasoned decision can be served separately. The day the short decision was read at the hearing is not always the day of service. If the remedy will be spoken of, the date is read from the service annotation. If there is no annotation, a day is not produced. If your address for service has changed, you notify the court of the change by writing the merits number. The notification does not take the place of the annotation.
Conclusion
The request to join is made to the court after the prosecution has opened. The intervening status does not arise before the acceptance decision comes out. The status is for a voice at the hearing, and for a remedy to the extent the Act gives it. It is not a copy of the complaint paper. The damages calculation does not enter this request. The frame is on the criminal law page. For a file whose merits number is standing, there is the contact route. The procedural basis is the provisions of the Code of Criminal Procedure No. 5271.