ENGLISH

- Non-arrest investigation is the principle applied when investigating the suspect (Article 198, paragraph 1 of the Criminal Procedure Act).

- Suppose the prosecutor has a justifiable reason to suspect a person of having committed a crime, and the suspect falls under any of the cases below. In this case, the prosecutor may request the judge of the competent district office to issue an arrest warrant and confine the personal liberty of the suspect (Main Text of Article 201, paragraph 1 and Article 70, paragraph 1 of the Criminal Procedure Act).

- To imprison the suspect, the judicial police officer may request the prosecutor to request the competent district office judge to issue an arrest warrant (Main Text of Article 201, paragraph 1 of the Criminal Procedure Act).

- However, for crimes with a fine less than KRW 500,000, punished with detention or penalty, the arrest warrant may be issued only for suspects who do not have a proper residence.

- The prosecutor requests the competent district office judge to issue the arrest warrant while submitting data that proves the necessity of confinement. If the prosecutor’s request is deemed reasonable, the judge issues an arrest warrant after completing the procedure of “interrogating the suspect before confinement (investigation to determine validity of warrant')” as follows (Article 201, paragraphs 2 and 4 of the Criminal Procedure Act).

- Unless any particular reason exists, the district office judge requested with the arrest warrant shall interrogate the suspect until the next day after the warrant was requested.

- For suspects apart from arrested suspects, the judge shall issue an arrest warrant to arrest and interrogate the suspect. The judge shall have a justifiable reason to consider the suspect guilty and question him/her, unless the suspect escapes or if other reasons make interrogation impossible.

- Judicial police officials shall quickly and accurately execute the arrest warrant according to the prosecutor’s command. In such cases, the arrest warrant shall be presented with the copy delivered before quickly arresting and forcefully bringing the suspect to the designated court or other institutions (Main Text of Article 81(1) and Article 85(1) of the Criminal Procedure Act).

- If rapid executions are required, the presiding judge, commissioned judge, or entrusted judge may order the implementation of the arrest warrant. Accordingly, judicial police officials shall promptly execute the arrest warrant on command.

- If the judicial police officer puts the suspect in custody, he/she shall forcefully bring the suspect to the prosecutor within 10 days. After this period, the suspect shall be released (Article 202 of the Criminal Procedure Act).

- Suppose the prosecutor arrested the suspect or the judicial police officer forcefully brought the suspect to the prosecutor. In this case, the prosecutor shall file prosecution within 10 days and release the suspect after this period (Article 203 of the Criminal Procedure Act).