The investigator's first call: what you must write down

When a call from an unknown number begins with the words ‘This is the investigation team at the police station’, most people's minds go blank. When we hear about that call in the consultation room, quite a few people say they were so startled that they explained their situation at length on the spot. When a summons is made by phone, an investigation report stating its purpose is attached to the case file (Article 19(4) of the Investigation Rules (수사준칙)), and what you said on the call can remain as the first impression of the case. Wanting to explain yourself is natural, but at that moment you do not yet even know what the case is about.

What to write down is fixed

• The charge and the case number
• The department in charge, the investigator's name and direct number
• Whether the case began with a complaint, a report at the scene, or grew out of another case
• The date, time and place the investigator proposed for your appearance

In principle, a summons is made with a written summons stating the gist of the alleged facts, and it may be made by phone or text message when there are urgent circumstances (Article 19(3) of the Investigation Rules). So asking for the gist of why you are being called is a natural question. Even if you cannot hear the details over the phone, knowing just the charge greatly changes the direction of your preparation.

Also ask whether you are being called as a suspect or as a witness. Some people are contacted as witnesses and become suspects partway through questioning, so neither should be taken lightly.

You do not have to confirm the date on the spot

Investigators must agree the date, time and place of questioning with the suspect, and with defense counsel if there is one (Article 19(2) of the Investigation Rules). If you request a postponement, they are to adjust it unless there are special circumstances. Saying you will call back after consulting a lawyer is not an evasive answer; it is an answer within the procedure.

Cutting off contact or failing to appear without reason is another story. 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). Investigators also distinguish between postponing a schedule and avoiding the investigation. If it is difficult to appear because of work commitments or medical treatment, it is better to say so honestly. There is also a provision allowing questioning outside the investigating office where it is extremely difficult to appear at the police station because of treatment or similar reasons (Article 19(5) of the Investigation Rules).

The 30 minutes after you hang up

When the call ends, you will want to contact the other person and ask what is going on. That one message often becomes the most unfavorable piece of evidence in the case. The same goes for asking mutual acquaintances about the situation. Regardless of your intent, it can be read as an attempt to get stories straight, and clearing out chat rooms or deleting photos also often happens in exactly this window.

Those 30 minutes are better spent writing down what you remember. Write down when, where and with whom you were, as it comes to mind, and mark which parts are certain and which are hazy. Save a screenshot of the summons text message, and if it was a call, note the time of the call and what the investigator said. These notes become the starting point for consultation and preparing for questioning.