Counsel in the interview room does not answer for you

There is a question we often hear the day before questioning from people who have decided to be questioned with counsel present: ‘If a difficult question comes up, you'll answer it for me, right?’ Contrary to that expectation, the person who answers questions in the interview room is the suspect. If counsel speaks in your place, it cannot count as the suspect's statement.

Counsel's role as set by law

When a suspect or their family requests it, the judicial police officer must allow counsel to take part in the questioning unless there is a justifiable reason not to (Article 243-2(1) of the Criminal Procedure Act). Counsel who takes part may state an opinion after the questioning ends, may object to improper methods of questioning even during the questioning, and may state an opinion with the investigator's approval (paragraph 3 of the same article).

The Investigation Rules (수사준칙) provide that counsel should sit where they can give real assistance, such as next to the suspect, and that legal advice, consultation and note-taking for that purpose must be allowed (Article 13(1) of the Investigation Rules). Counsel's participation cannot be refused on the grounds that it is merely an interview rather than questioning (paragraph 2 of the same article).

Opinions stated by counsel are written into the record of statements, and counsel also reads and signs that record (paragraph 4 of the same article). Matters regarding counsel's participation or any restriction on it are also recorded. The fact that what happened in the interview room is left on record means more than you might think.

What counsel actually does in the room

• Points out the way a question is asked when it assumes a conclusion rather than a fact (‘Why did you deceive them?’)
• Notes that a question has already been answered when the same question is repeated in different words
• Requests a break when the suspect seems exhausted
• Reminds the suspect not to guess when their memory is unclear
• Reads the record together with the suspect to find places where the wording has changed

Counsel does not whisper answers to you. Instead, they can notice the moment you stray from the direction agreed in advance and stop it. That is why the value of having counsel present depends greatly on how much you prepared together before the questioning.

If you want to consult counsel during questioning, just say so. Asking for a moment to consult is a suspect's legitimate right, and there is no reason for the request itself to be held against you.

Being present without preparation is only half the job

Counsel meeting you for the first time on the day of questioning will find it hard to know which parts of the case are risky. Only by drawing up expected questions, practicing answers in advance, and deciding how far to speak and which questions to decline to answer can counsel see where to step in during the questioning. That is why Jisan holds practice sessions before questioning. In practice, we ask the questions an investigator is likely to ask, in the way they would actually ask them, and find together where your answers waver.

Counsel in the interview room is less someone who fights on your behalf and more someone who watches over the proceedings with you and makes sure they are on record. Simply having someone watching beside you can change the tone of the questions.