Revised Bill Allows Suspects to Object to Arrest

Under proposed changes to the criminal justice system, all suspects that are under prosecution or police investigation will be able to receive aid from a state-appointed lawyer in the early stages of the investigation when the detainment of the suspect is decided.

In addition, a new “semi-appeal” system will be introduced. Through this system the suspect or prosecutor can file an appeal or objection to a higher court regarding the issue or dismissal of an arrest warrant.

The Ministry of Justice (MOJ) presented its planned amendments to the criminal procedure law yesterday. The amendments will be submitted to the National Assembly after undergoing the scrutiny of the Supreme Court and other related institutions, reviewed by the Legislation and Judiciary Committee, and approved by the government administration. The MOJ explained that if the amendment is approved in the National Assembly, the new law will be effective starting the second half of next year.

The amendment mandates the participation of a lawyer during interrogation sessions, which was before a privilege granted to suspects according to the inner guidelines of the prosecution or police. Furthermore, the state-appointed lawyer system will be significantly augmented so that even suspects in the earliest stages of an investigation can request a lawyer. Under the current criminal procedure law, before being taken into custody, suspects are allowed to have a private lawyer but not a state-appointed lawyer.

The process of reviewing arrest warrants will also be extended to all suspects, so that unless the suspect has run away and a hearing is impossible, all suspects with a warrant issued for their arrest will have a hearing before a judge.

If the court approves the warrant, the suspect can object, and using the semi-appeal and appeal system, can appeal to a higher court and the Supreme Court. The prosecution office can use the semi-appeal and appeal system if the warrant is dismissed by the court.

The amendment also permits suspects to post bail by taking an oath and having someone guarantee the bail, as opposed to the current system of having to actually having to deposit the bail.

Under the current criminal justice system, the police can request an arrest warrant within 48 hours of detaining a suspect, but the amendment will change the “48 hours” into “immediately.”

The MOJ Prosecution Bureau Director Lim Chae-Jin said, “The new amendment is focused on maximizing the protection of the rights of the suspects and defendants. By the same token, we excluded means to strengthen investigation by not allowing the compulsory detainment of material witnesses, the punishment of false statements by law, and the augmentation of detainment period for major crimes.”

Jin-Young Hwang buddy@donga.com