A criminal case in Changwon? Talk to us before the first questioning

Yes. After indictment, the defendant and defense counsel can ask the prosecutor to allow inspection and copying of documents the prosecutor will offer as evidence, including witness statements (Criminal Procedure Act, Article 266-3), and if the prosecutor refuses, they can ask the court to permit it (Article 266-4). The Changwon Office is a 2-minute walk from the main gate of Changwon District Court, so after reviewing the record we can confer right before or after each hearing.

Questioning starts at the police station where the incident occurred or where the criminal complaint was filed. For trials, Gimhae cases go to the Changwon District Court main court and Yangsan cases fall under Ulsan District Court (Act on the Establishment of Courts of Various Levels and Their Jurisdictional Districts, Appended Table 3). In both places a Changwon criminal defense lawyer attends questioning (Criminal Procedure Act, Article 243-2) and the trial. Jurisdiction can also be based on the defendant's address (Article 4), so we check the court named in the indictment.

An arrested suspect is, barring special circumstances, examined by the court no later than the day after the warrant is requested (Criminal Procedure Act, Article 201-2(1)). The judge of the court corresponding to the Public Prosecution Office handling the case holds the hearing, so cases from Uichang-gu, Seongsan-gu and Jinhae-gu in Changwon and from Gimhae usually go to the Changwon District Court main court, and cases from Masanhappo-gu and Masanhoewon-gu to the Masan Branch. Defense counsel may attend and state an opinion (the same Article, paragraph 4), and if there is no counsel, the judge appoints one ex officio (paragraph 8).

Yes. Criminal trials in Gyeongnam are divided by area among the Changwon District Court main court and its Masan, Jinju, Tongyeong, Miryang and Geochang branches (Act on the Establishment of Courts of Various Levels and Their Jurisdictional Districts, Appended Table 3). Consultation and document preparation happen in Changwon, and on court dates we appear in the relevant branch courtroom. Jurisdiction can also be set by the place of the crime and the defendant's address (Criminal Procedure Act, Article 4), so first check which court is named in the indictment.

They proceed separately, and you need to prepare so that the statements given in each do not conflict. The School Violence Countermeasures Committee is an administrative process of the district office of education, while police questioning is a criminal process, so the outcome of one does not bind the other. When a juvenile suspect is questioned, a request can be made for a person in a relationship of trust to sit in, taking age into account (Criminal Procedure Act, Article 244-5), and the police contact the guardian when questioning a juvenile (Rules on Police Investigation, Article 89). We review a copy of the statement submitted to the committee together before questioning.

Inmates may meet with outside visitors, and visits are restricted only in cases such as a visitation ban order (Administration and Treatment of Correctional Institution Inmates Act, Article 41(1)). The number of visits, their length and how to book follow the Enforcement Decree and the facility's guidance, so check with Changwon Prison before visiting. Defense counsel meets the inmate separately in a place without a contact barrier (the same Article, paragraph 2). For an unconvicted detainee awaiting trial, the family gathering sentencing materials and passing them through defense counsel affects the case more directly than a visit.