A criminal case in Seocho, Seoul? Talk to us before questioning

Check the deadline first. Within 7 days of receiving the copy of the indictment, you must submit a written opinion to the court stating whether you admit the charged facts and your views (Criminal Procedure Act, Article 266-2). What goes in it depends on whether you will dispute or admit the charges, so if the appointment may be delayed, at least discuss the opinion deadline with counsel first, and keep the notice and envelope that came with the indictment showing the date of service.

Either could have jurisdiction. Territorial jurisdiction is set by the place of the crime and the defendant's address, residence or current location (Criminal Procedure Act, Article 4), so the case may be indicted either at Seoul Central District Court, which covers Jongno-gu where the crime took place, or at the court for your address, and the actual court is where the prosecutor files the indictment. Seoul Central District Court covers Jongno-gu, Jung-gu, Seocho-gu, Gangnam-gu, Gwanak-gu and Dongjak-gu (Act on the Establishment of Courts of Various Levels and Their Jurisdictional Districts, Appended Table 3), so check the court named in the indictment.

Yes. Before indictment, the suspect, defense counsel, spouse, lineal relatives and others may petition the court for review of the legality of detention, and the court examines the suspect within 48 hours of receiving the petition and decides on release (Criminal Procedure Act, Article 214-2). After indictment, you can apply for bail (Article 94). Either way, prepare materials showing there is no risk of flight or destruction of evidence, such as residence, employment and family ties, and submit them with the petition.

You can, but you must explain why. A suspect interrogation record prepared by the police is admissible only if the defendant admits its content at trial (Criminal Procedure Act, Article 312(3)), so if you deny the content, the record itself cannot be used as evidence. However, how the statement changed is weighed together with other evidence, so it matters not to give an untrue statement in the first place, and you should read the record to the end and request corrections before signing (Article 244).

You can request it. Seized items that no longer need to be held because the investigators have secured a copy must be returned or provisionally returned upon request by the owner or possessor, even before indictment (Criminal Procedure Act, Article 218-2(1) and (4)), and if refused, you can ask the court for an order of return or provisional return (the same Article, paragraph 2). Keep the seizure list you received at the time, and make a written request to the investigator in charge explaining why you need it for work.

It is usually held at Seoul Central District Court. The hearing is closed in principle, but the judge may allow family members to observe if the judge finds it appropriate (Rules of Criminal Procedure, Article 96-14). Defense counsel may attend the hearing and state an opinion (Criminal Procedure Act, Article 201-2(4)), so a Seoul criminal defense lawyer submits the residence, employment and family records gathered by the family before the hearing. An arrested suspect is examined by the day after the warrant is requested, so time is short (the same Article, paragraph 1).