Practice of Prosecuting and Detaining Suspects at Midnight Is Likely to Disappear

The practice in which prosecutors arrest and detain criminal suspects at midnight will likely disappear.

Request for Arrest Warrant Late at Night Will Be Authorized on the Following Day-

The Seoul Central Prosecutors’ Office revealed on July 12, “From the middle of June, if the prosecution office asks for an arrest warrant to be issued after 10:00 p.m., it will be examined by a superintendent judge in the morning of the next day.”

Courts do not issue arrest warrants that are requested after 10:00 p.m. by prosecutors because there is potential for violating human rights. Issuance usually takes around two hours, which means suspects are taken into custody at midnight. The principle was implemented for the first time when the court issued an arrest warrant for former Daewoo Chairman Kim Woo-jung on June 16.

Issue Arrest Warrant Quickly if Urgent-

However, the courts have decided that superintendent judges in charge of arrest warrants will determine whether to issue one even at midnight on the same day if the suspect(s) agree to be interrogated. The courts are determined to expand such a policy nationwide if it turns out to be effective in protecting the rights of alleged offenders.

Ji-Seong Jeon verso@donga.com