The investigator's first call: you do not need to explain at length

You answer a call from an unknown number and the caller says they are from a police investigation team. After confirming your name, they tell you that you need to come in for questioning about a certain matter. When we hear about this first call in consultations, quite a few people say that, in their shock, they explained their situation at length right then and there. Some even say they spent more than ten minutes justifying themselves, starting with “No, it's not like that.”

It is natural to feel wronged first. But that call is not an interview, and nothing ensures your explanation will be recorded the way you meant it. Investigators sometimes write up the content of the call in an investigation report.

What to write down on this call

Your task on the first call is to confirm, not to explain. Pick up a pen and ask about and note down the following. If the unfamiliar number seems suspicious, it is safer to hang up and call the main number of that police station to ask for the officer in charge.

• Which police station and team the caller belongs to, and their name
• The case number, the charge, and who filed the complaint
• Whether you are being called as a suspect or as a witness
• Possible dates for appearing and any documents you are asked to bring

If you are being called as a suspect, the summons must state the gist of the alleged facts (Article 19(3) of the Investigation Rules (수사준칙)). If you were contacted only by phone because the matter is said to be urgent, you may ask them to send you a text message stating what facts you are being questioned about.

Hearing that you are a witness is no reason to relax yet. Questioning that begins with you as a witness sometimes turns into questioning as a suspect depending on what you say. Once you have confirmed in what capacity you are being called, you can decide how much preparation it needs.

You do not have to fix a date now

The investigator may ask you to set a date on the spot. If you need time to prepare, you can say you will check your schedule and call back. Investigators must agree the date, time and place of questioning with the suspect, and if you ask for a postponement they are to adjust it unless there are special circumstances (Article 19(1)3 and 19(2) of the Investigation Rules).

Avoiding contact, or failing to show up on the agreed day without a word, is a different matter. If you do not comply with a summons without a justifiable reason, an arrest warrant may be requested (Article 200-2 of the Criminal Procedure Act). Even if you postpone the date, do not cut off contact.

When you still want to say something

Sometimes the investigator asks about the facts, saying, ‘I'll just ask you a few simple things.’ In that case it is enough to reply politely that you will give the details when you come in. You need not worry about seeming rude. A calm explanation given in the interview room with your materials in order is a far more useful statement for the investigator as well.

After you hang up, write down what you remember of the call just as it was. As a party to the conversation, recording the call is not a problem either, but more useful than a recording is a note written right after hanging up. What the investigator asked can be a clue to the direction of the investigation. Once you appoint defense counsel, further scheduling is arranged with your lawyer.