director of the probation office having jurisdiction over the seat of the court or the place of residence of
the accused to investigate the accused's physical and mental traits and state, psychosexual development,
childhood and family background, occupation, living conditions, associates, motive for the crime, medical
history, relationship with the victim, danger of repetition of the crime, and other relevant matters.
(2) The director of a probation office who has been requested to carry out an investigation under paragraph
(1) shall, without delay, carry out the investigation and give written notice of the results to the competent
court. In such cases, if deemed necessary, the director may summon and interrogate the accused or other
relevant persons or direct a probation officer under his or her control to investigate necessary matters.
(3) The court may require the director of a probation office who has been requested to carry out an
investigation under paragraph (1) to report the progress of the investigation.
Article 18 (Exception to Limitation of Complaints)
With respect to any sexual crime, a complaint may be lodged against one's own or spouse's lineal
ascendant, notwithstanding Article 224 of the Criminal Procedure Act and Article 266 of the Military
Court Act. <Amended on Apr. 5, 2013>
Article 19 Deleted. <Apr. 5, 2013>
Article 20 (Special Cases concerning Provisions of the Criminal Act concerning Reduction of
Sentence)
If a sexual crime (excluding a crime as defined in Article 2 (1) 1) is committed in the state of mental
disorder induced by drinking or use of medication, it may be excluded from the application of Articles 10
(1) and (2) and 11 of the Criminal Act.
Article 21 (Special Cases concerning Prescription of Public Prosecution)
(1) The prescription of public prosecution against a sexual crime committed on a minor shall commence
from the date the minor who has suffered the sexual crime reaches his or her majority, notwithstanding
Article 252 (1) of the Criminal Procedure Act and Article 294 (1) of the Military Court Act. <Amended on
Apr. 5, 2013>
(2) The prescription of public prosecution against any crime under subparagraphs 3 and 4 of Article 2 and
Articles 3 through 9 shall be extended by 10 years if any scientific evidence of such crime, such as DNA,
exists.
(3) If any crime listed below is committed on a minor under the age of 13 or a person with a physical or
mental disability, the prescription of public prosecution set forth in Articles 249 through 253 of the
Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply,
notwithstanding paragraphs (1) and (2): <Amended on Aug. 20, 2019; May 19, 2020>
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