Under the electronic criminal justice document law, when must an agency print an electronic document and serve it as a paper copy instead?
General information · Not legal advice
Material to check
In the exercise file, we read the printed copy of the document that was served, the service record showing which service method the Criminal Procedure Act methods were used, and any note on the recipient's situation and on the state of the computerised system on the date of service.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives three triggers: an agency handling criminal justice work must print the electronic document and serve the paper by the service methods the Criminal Procedure Act provides, where the person to be served falls outside any head of the electronic service provision, where that person falls within a case the Civil Procedure Act lists, or where a reason arises as set out by Presidential Decree or Supreme Court Rule.
Another reading notes what the provision withholds: it does not itself say which recipients qualify under the electronic service provision, which recipients the Civil Procedure Act cases cover, or which system troubles count as a reason, leaving those to those other texts, to Presidential Decree or to Supreme Court Rule, and it requires only that the printing procedure set by those texts include technical measures for keeping the electronic document identical to the paper.
Your judgment
Which of the three triggers could the file's papers actually show, given the recipient's situation and the system's state on the date of service?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove a trigger, if a Presidential Decree or Supreme Court Rule names new reasons for printing, or if a record newly shows the system's condition on the service date.