Basic Principles to Investigate the Suspect, Etc.
Investigation on the Suspect, Etc.
- Non-arrest investigation is the principle applied when investigating the suspect (Article 198, paragraph 1 of the Criminal Procedure Act).
- The investigation agency shall respect the human rights of the suspects and others, strictly keep all information acquired during the investigation confidential, and preclude any incident that obstructs the investigation (Article 198, paragraph 2 of the Criminal Procedure Act).
Notice of the Right to Refuse to Make Statements (Right to Remain Silent)
Definition of the Right to Refuse to Make Statements
- The “right to refuse to make statements or the right to remain silent” means the suspect has the right to refuse to make statements when questioned or interrogated. The suspect may exercise his/her right to remain silent when questioned or interrogated by the investigation agency (Refer to Article 12, paragraph 2 of the Constitution of the Republic of Korea and Article 244-3, paragraph 1 of the Criminal Procedure Act).
Notification of the Suspect’s Right to Refuse to Make Statements
- The investigation agency shall notify the suspect on the following matters before starting the interrogation (Article 244-3, paragraph 1 of the Criminal Procedure Act).
· The suspect has the right to remain silent or to refuse to make statements to any question.
· The suspect will not be disadvantaged by refusing to make a statement.
· If the suspect makes statements after waiving the right to remain silent, the statements made may be used as evidence of guilt in court.
· The suspect may be supported and assisted by an attorney while being questioned.
Appointment of an Attorney
The Right to Appoint an Attorney
- The suspect, or the suspect’s legal representative, spouse, lineal relatives, and siblings, may independently appoint an attorney (Article 30 of the Criminal Procedure Act).
※ In principle, the attorney (lawyer) must be appointed for defense (Article 31 of the Criminal Procedure Act).
The Attorney’s Participation in the Interrogation of the Suspect
- The judicial police officer shall allow the suspect's attorney to participate in the interrogation if requested by the suspect, or the suspect’s attorney, legal representative, spouse, lineal relative, or sibling. However, this condition may not apply if the attorney’s participation obstructs the interrogation or leaks confidential investigation-related information (Article 12, paragraph 1 of the Police Investigation Rules).