Sexual Assault Crime Prevention Act Article 40

Unless this Act provides otherwise, the Code of Criminal Procedure applies mutatis mutandis to the petitions, terminations, extensions, and court orders referred to in Articles 37 and 38 of this Act.If any of the following occurs to an Offender who has not retained a defense counsel, a court shall appoint a public defender or a lawyer to defend the said Offender, and Paragraphs 2 and 4 of Article 31 of the Code of Criminal Procedure apply mutatis mutandis:1. an Offender is unable to make a complete statement due to his physical or mental disability; or2. any other circumstances where a court finds it necessary to appoint a defense counsel for an Offender.Article 35 of the Code of Criminal Procedure shall apply mutatis mutandis to the circumstances referred to in the preceding Paragraph.When a court receives a petition referred to in Articles 37 and 38 of this Act, the said court shall, unless apparently unnecessary, designate a date, summon the respective Offender(s), and notify the petitioner(s), defense counsel(s), and assistant(s).On the date referred to in the preceding Paragraph, a petitioner may be present in court to state his opinion. However, if a court finds it necessary, a petitioner shall be present in court to state the grounds for his petition or present necessary evidence.A court shall provide the presenting Offender, presenting defense counsel(s), and presenting assistant(s) with an opportunity to state their opinions. However, this does not apply to those who have been legally summoned, those who fail to appear without justification, or those who state their reluctance to be present.