If you were arrested in the act or under an emergency arrest

Right after an arrest, panic makes it easy to say whatever comes to mind. Take care of just these five things first.

• Ask what you are suspected of and how you are being arrested. The police must tell you the gist of the alleged facts, the reason for arrest and that you can appoint a lawyer, give you a chance to explain, and also tell you of the right to remain silent (Criminal Procedure Act (형사소송법) Article 200-5; Investigation Rules (수사준칙) Article 32).
• Remember the time of arrest. The 48 hours are counted from then.
• Name a family member to be told of the arrest. If you have no lawyer, the family member or other person you name is notified in writing within 24 hours (Investigation Rules Article 33).
• Say that you want a lawyer, and do not talk about the case at length before the lawyer arrives.
• If you take medication or are hurt or unwell, say so right away.

A person caught in the act (현행범인) is someone committing a crime or who has just committed one, and anyone can arrest them without a warrant. If a member of the public catches them, they must hand them over to the police immediately (Criminal Procedure Act Articles 211, 212 and 213). When making an arrest in the act, the police must consider whether there is an urgent need that makes immediate arrest unavoidable (Police Investigation Rules (경찰수사규칙) Article 52(1)).

An emergency arrest (긴급체포) is made when there are reasonable grounds to suspect an offense punishable by imprisonment, with or without labor, for a maximum of 3 years or more, there is a risk of destroying evidence or fleeing, and there is no time to get a warrant. The police must get the prosecutor's approval immediately and must request it within 12 hours. If approval is not given, the person is released immediately (Article 200-3; Investigation Rules Article 27).

To keep holding a person, a detention warrant (구속영장) must be requested within 48 hours of the arrest; otherwise the person must be released immediately (Criminal Procedure Act Articles 200-2(5), 200-4 and 213-2). A person arrested in the act is released right away if questioning shows there is no need for continued custody (Investigation Rules Article 28). During these 48 hours, questioning can take place even at night to decide whether to apply for a warrant (Article 21(2)).

From October 2, 2026, when the police apply for a detention warrant, the prosecutor can meet the suspect before requesting it, and must allow the lawyer's assistance at that meeting (Criminal Procedure Act Article 201(7) and (8)). If the arrest itself was unjustified, you can ask the court for a review of the legality of the arrest (체포적부심사) (Article 214-2).

What you say at the scene is also written into the arrest report or an investigation report. Even if you feel wronged, explain the facts in the interview room with your lawyer. Swearing at or pushing a police officer can add a charge of obstructing official duties. Do not contact the victim or anyone who was with you either, as it may look like an attempt to destroy evidence.

Release does not mean the case is over. In most cases the investigation continues without detention, and you will be summoned again. An arrested suspect or their lawyer can inspect and copy the arrest-in-the-act report or the emergency arrest report (Investigation Rules Article 69(4)), so start by checking what facts you were arrested for.

If you were released without a warrant after an emergency arrest, you cannot be arrested again without a warrant for the same criminal facts (Criminal Procedure Act Article 200-4(3)). If items such as your phone were taken at the time of arrest, get the list of seized items; if no warrant was issued, you can get them back (Article 217).

When contacted, we visit the arrested person to hear what happened and attend the questioning that continues while they are under arrest. If a warrant is applied for, we attend the pre-detention hearing (영장실질심사) to present our views, and after release we review the arrest documents and prepare for the next questioning. A family member can message us through the chat on this page on your behalf.