Preparing for the day of the pre-detention hearing

The hearing date is set suddenly. If the suspect has been arrested, the rule is that the hearing takes place by the day after the warrant request, so there is only about a day to prepare (Criminal Procedure Act (형사소송법) Article 201-2(1)).

• The hearing date, the court and the courtroom location. The judge notifies the suspect and the lawyer of the date and place (same article, (3)).
• If the warrant was requested while the suspect was not under arrest, the court brings them in under a warrant to appear before questioning them (same article, (2)). Check the exact time and place with the investigator.
• Check that the lawyer has reviewed the detention warrant request (구속영장청구서) and attached documents submitted to the judge (Criminal Procedure Rules (형사소송규칙) Article 96-21).
• Pass the documents the family gathered on home, job and family ties, plus any medical certificates and settlement agreements, to the lawyer.
• If there is no lawyer, the judge appoints a court-appointed lawyer on their own initiative (Article 201-2(8)).

From October 2, 2026, when the police apply for a detention warrant (구속영장), the prosecutor can meet the suspect or ask the police for their views to decide whether to request it. At the meeting, the suspect must be able to have a lawyer's assistance, including the lawyer taking part, and is told of the right to remain silent (Criminal Procedure Act Article 201(7) and (8); Investigation Rules (수사준칙) Article 29-2). The meeting is held in person, by video or by phone. If there were problems in the investigation or there are reasons why detention is not needed, raise them here first, before you see the judge.

The hearing is not public. The judge tells the suspect the gist of the criminal facts in the warrant, and that they may refuse to make statements and may state facts in their favour. The judge then asks what is needed to decide whether detention is necessary, including personal matters such as career, family relationships and friendships (Criminal Procedure Rules Articles 96-14 and 96-16).

The judge looks at whether there are reasonable grounds to suspect a crime, whether the person has a fixed residence and whether there is a risk of destroying evidence or fleeing, and also considers the seriousness of the crime, the risk of reoffending and the risk of harm to the victim (Criminal Procedure Act Articles 70 and 201). The suspect can ask the lawyer for help even during the hearing.

If a warrant is issued, the suspect is held straight away, so prepare on the assumption that they will not go home.

• Neat clothes, glasses, medication and prescriptions
• Family and lawyer phone numbers written on paper (you may not be able to use your phone)
• Short, consistent answers. Do not bring up anything new that differs from the record
• Speak specifically about having cooperated with summonses, your home and job, and your plan to compensate the victim

After the hearing, the suspect usually waits for the result somewhere such as a police station cell, and the result often comes out late that night or early the next morning. If the warrant is rejected, the suspect is released and the investigation continues without detention. If it is issued, the police can detain for 10 days and the prosecutor for 10 days, and if a request for supplementary investigation or similar is needed, this can be extended once by up to 10 days with a judge's permission (Criminal Procedure Act Articles 202, 203 and 205).

Even after a warrant is issued, you can request a review of the legality of detention (구속적부심사) (Article 214-2). Prepare it around circumstances that have arisen since the warrant was issued, such as a settlement or compensation.

We prepare for the prosecutor's meeting from the warrant application stage, attend the pre-detention hearing (영장실질심사) after reviewing the record to present our views, and submit the documents the family gathered with a written opinion. If the warrant is issued, we visit right away, attend questioning during detention and consider a review of detention. If you have been notified of a hearing date, let us know right away through the chat on this page.