The police want me to come in as a witness

If all you heard on the phone was "we have a few questions," ask about the points below first. You need to know what they want to ask in order to prepare.

• Ask what the case is about, the case number, the offense and who the suspect is.
• Make sure you know whether you are a witness (참고인) or a suspect. There are even separate summons forms for suspects and for people who are not suspects (Police Investigation Rules (경찰수사규칙) Article 34).
• Ask which part of what you saw or heard they want to ask about.
• Check whether you have messages, transfer records or photos related to it.
• If your own conduct could also be in question, get advice before you appear.

If needed for an investigation, an investigator can ask a person who is not a suspect to appear and give a statement, and can video-record it with that person's consent (Criminal Procedure Act (형사소송법) Article 221(1)). This is a voluntary investigation, so you will not be punished or face an arrest warrant for not going. Arrest warrants are a tool designed for suspects.

However, if a person who is clearly found to know facts essential to the investigation refuses to appear or to make a statement, the prosecutor can ask a judge to examine that person as a witness before the first trial date (Article 221-2). In that case, you would have to appear in court as a witness. If the date simply does not suit you, you can reschedule just as a suspect can (Investigation Rules (수사준칙) Article 19(6)).

The Supreme Court holds that a person becomes a suspect, who must be told of the right to remain silent, when investigators conclude there are grounds to suspect that person of a crime and take steps to start investigating them (Supreme Court Decision 2011도8125, November 10, 2011). Even if you were called as a witness, you become a suspect from the moment grounds for suspicion emerge during questioning and an investigation into you begins.

If the questions shift from what you saw to holding you responsible for what you did, ask what your status is now. If you have become a suspect, you must be told of the right to remain silent and the right to a lawyer. If needed, you can say you want to pause the questioning and consult a lawyer.

A witness's statement is kept as a statement record (진술조서) and can become evidence at trial if certain requirements are met (Criminal Procedure Act Article 312(4)). You may also later be called to court as a witness about the same matters.

• Separate what you saw yourself, what you heard from others and what you are guessing.
• If you do not remember something, say you do not remember.
• Read the statement record to the end and ask for anything wrong to be corrected.
• You can later apply to inspect and copy the parts containing your statement (Investigation Rules Article 69(1)).

The principles on a lawyer's participation and assistance also apply when questioning or interviewing others involved in a case, such as witnesses (Investigation Rules Article 13(3); Police Investigation Rules Article 14). If there is any chance you could become a suspect, it is safer to go with a lawyer than alone. The rules also allow people who are not suspects to be questioned by online video link with a statement record prepared that way, so if you live far away, ask whether that is possible (Police Investigation Rules Article 39(2)).

A managing partner consults with you in person, hears where you stand in the case, and first looks at whether there is a risk you could become a suspect. After deciding with you how far to go in your statement, we sit in on the questioning and raise objections on the spot if the questions turn to holding you responsible. If you have been asked to appear, message us first through the chat on this page.