Conducting a criminal case service
Juristic Person Proceeding (Section 7)
Inquiry process for juristic person as alleged offender, the summons must be issued for the manager or other representatives for such juristic person to the inquiry officials (section 7), the word manager or other representatives mean authorized persons acting for and on behalf of that such juristic person according to the law. If the inquiry officials has inquired any directors without any authorized power for the defendant, it deemed that inquiry is illegally and caused the public prosecutors have no power to institute, see Deega 4205/2541.
Judgement of Deega 4205/2541: The word "manager" or "other representatives" of any juristic person according to the code of criminal procedure, section 7, paragraph one; means the person who was authorized to act for and on behalf of such juristic person lawfully such as managing director of the company.
Inquiry officials had inquired Mr. Kor, a managing director of alleged company as a representative without inquiry Mr. Or. a managing director and authorized person who acted for and on behalf of the alleged company and in Mr. Kor's record of pleading, there was a statement mentioned that Mr. Kor did not ask to give pleading in inquiry process, but he would give pleading in the court and he still gave pleading; and Mr. Kor was a director for alleged company, but Mr. Kor had no authorized power to sing his name to do any juristic act for alleged company, but Mr. Kor had no authorized power to sign his name to do any juristic act for alleged company, but Mr. Kor had no appeared that the alleged company delegated to Mr. Kor to act for and on behalf of alleged company at all, so the inquiry officials had no power to inquire Mr. Kor as a representative for alleged company about this criminal case at all. This case deemed that there was no inquiry process for alleged company lawfully, then the public prosecutors had no power to institute the alleged company as a case pursuant to the code of criminal procedure, section 120.