After police questioning: waiting for the outcome

When you walk out of questioning, the tension drains away and you may not feel like doing anything. Still, there are things to do in the next few days while your memory is fresh.

• Write down the questions you were asked and your answers as well as you remember them. Mark separately any questions you could not answer or answered vaguely.
• If any wording in the record bothered you, apply to inspect and copy the part containing your own statement (Investigation Rules (수사준칙) Article 69(1)).
• Look for more materials that back up what you said in questioning. Download your transaction history as a PDF from your banking app, and keep both screenshots and the original files of conversations.
• Submit anything further you want to explain in a written opinion before the decision on referral is made.
• Do not delete texts from the police or the Public Prosecution Service (공소청), and note down the case number.

Calling the investigator often because you want to know the result does not help. Ask about progress only when you really need to, and if you have a lawyer, check through your lawyer.

Do not go to the victim to press for a settlement or pressure them to withdraw the complaint. It will count against you in the decision and, in some cases, can be a separate crime.

Also be careful not to write anything in a written opinion that differs from what you said in questioning. Changing your story without materials explaining why can lead to the view that your whole statement is hard to believe.

If the police find that there are grounds to suspect a crime, they refer (송치) the case to a prosecutor at the Public Prosecution Service. If not, they send the file to the prosecutor with a document stating the reasons. A prosecutor who receives a non-referral (불송치) file must return it to the police within 90 days (Criminal Procedure Act (형사소송법) Article 245-5).

If the case started with a criminal complaint, the police must decide within 3 months from the day they accepted the complaint (Criminal Procedure Act Article 238). A written opinion must be submitted before this decision to be taken into account.

When the police decide to refer or not refer, both the complainant and the suspect are notified (Investigation Rules Article 53). This usually comes by text. If the case is referred, the text shows the case number and the Public Prosecution Service office the case went to, so do not delete it. If you are negotiating a settlement, the sooner you finalise it in this period, the easier it is for it to be reflected in the decision.

On October 2, 2026, the Prosecutors' Office (검찰청) was abolished and the Public Prosecution Service was launched. The prosecutor who receives a referred case does not investigate directly but decides whether to indict based on the file, and asks the police for supplementary investigation (보완수사) if more is needed. The police must carry out the supplementary investigation and report the result within 1 month of receiving the request (Criminal Procedure Act Article 197-2). When the prosecutor hears the suspect's views, the prosecutor must allow the lawyer's assistance, including letting the lawyer take part (Article 245-13(5)).

The prosecutor's decision falls broadly into three types: non-indictment (불기소), which means the case does not go to court; a request for a summary order (약식명령), seeking a fine through a trial on the papers; and indictment for a formal trial (공소 제기). Non-indictment includes no suspicion, not a crime, no right to prosecute and suspension of indictment (기소유예), among others (Investigation Rules Article 52). In a complaint case, the prosecutor must decide whether to indict within 3 months of the referral (Criminal Procedure Act Article 257).

Even after a non-referral decision, the complainant can file an objection (for notices given on or after October 2, 2026, within 3 months of receiving the notice). Once an objection is filed, the case is referred to the prosecutor (Criminal Procedure Act Article 245-7). If the prosecutor finds the non-referral unlawful or unjustified, the prosecutor can request a re-investigation within 3 months of receiving the file (Article 245-8).

So do not throw away your materials just because you received a non-referral notice. If the complainant objects, the prosecutor will look at the file again, so prepare the views you would submit at that point in advance.

If we sat in on your questioning, we write a written opinion straight away based on our notes from that day. If you were questioned alone, we first apply to inspect the record to see how it was written, and fill in what is missing with a written opinion. When the prosecutor hears your views to confirm the facts, your lawyer takes part with you.

If you received a referral text or a notice of the outcome, just send us the text as it is through the chat on this page.