Do you need a lawyer before or after a warrant

The criminal justice system in Korea is filled with many notions that foreigners are probably unfamiliar with. One of which comes to mind is the “pre-trial imprisonment(detention)” system.

 

The criminal justice system in Korea is filled with many notions that foreigners are probably unfamiliar with. One of which comes to mind is the “pre-trial imprisonment(detention)” system.

 

3. The maximum imprisonment (detention) period is 6 months. (It is stated in the Criminal Procedure Act article 92 that the maximum imprisonment period is 2 months. But when needed for further investigation, it can be extended to 6 months.) 4. There will be a hearing in front of a judge to determine whether or not you should be imprisoned during the investigation procedure. 5. After a warrant is granted by the judge, you may have to spend the maximum of 6 months in jail while the prosecutor develops the case.

 

Under the Korean criminal justice system, getting a bail granted is difficult. So, when you are arrested, the first thing you should think about is avoiding “pre-trial imprisonment (detention)”. Thus, the first 48 hours after your arrest is very crucial. In most cases, a pre-trial imprisonment leads to imprisonment during trial. Besides the fact of being within bars while your crime has not yet been judged by the court, it is much more difficult to gather evidence or get ready for trial without the help of a lawyer after you are detained. Lawyers have the right to consult clients who have been imprisoned during investigation or trial. This constitutional right leads to comparatively unlimited access to suspects/criminal defendants who have been detained. Thus, after being sent to the detention center, a lawyer might be the only link to the outside world and the only way for a suspect to protect his/her rights

 

 

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