Measures for verification and collection of documents and evidence by the People’s Procuracy in civil proceedings: Current situation and recommendations

Abstract

In civil proceedings, the People’s Procuracy performs the function of supervising the observance of the law and detecting legal violations in order to exercise its rights to protest by way of appellate, cassation, or reopening procedures (hereinafter referred to as protest) - based on court judgments, decisions, and case files prepared by the Court during adjudication. However, in many cases, in order to clarify the grounds for an appeal or upon the request of involved parties, the Procuracy must directly conduct verification and collect additional documents and evidence to resolve unclear or contradictory issues. Nevertheless, the legal provisions governing the Procuracy’s authority and procedures for such verification and evidence collection remain limited and problematic. This article will analyze these issues.