Which officials may the court direct to investigate a stalking case, and what may that investigation cover?
General information · Not legal advice
Material to check
For this practice exercise, read the court's written order or requirement, which names the official it is addressed to and the matters to be investigated, together with any paper showing where the court sits or where the offender lives, since the provision ties the probation office to either of those locations.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
Under the Act on the Punishment of Stalking Crimes, the court may order or require a stalking case investigator designated for the stalking case, or the head of a probation office having jurisdiction over the court's location or the offender's residence, to interrogate the offender, the victim and family members, and to investigate their mental and psychological state, the motive and circumstances of the stalking act, the relationship between victim and offender, the risk and degree of recidivism, the need for victim protection, and any other matter needed to issue a victim protection order.
Only the investigation requirement the court makes on the head of a probation office takes the Probation Act's provisions on such requirements by application; the provision itself does not say whether an order or a requirement fits each addressee, so the file has to show which form was actually used.
Your judgment
If an investigation report covers matters outside the listed subjects, how could a reader judge whether they were sought under the open clause on other matters needed for a victim protection order?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change which officials may be directed or which subjects and matters an investigation may reach, or if a court decision explains the difference between an order and a requirement under this provision.