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Commencement of criminal investigation
Examination of arrest and confinement
- A suspect who has been arrested or confined by an investigative agency may request the court to examine the suitability of such arrest or confinement. This is called examination of arrest and confinement.
- A claim for examination of arrest and confinement may be filed by the arrested or confined suspect or his/her attorney, legal proxy, spouse, immediate family member, sibling, live-in partner, or employer.
- A claim for examination of arrest and confinement may be filed before an indictment is made. If an indictment is made after the filing of a claim for examination of arrest and confinement, the court may conduct the requested examination.
- The court should, within 48 hours of its receipt of the claim, question the arrested or confined suspect, investigate the evidences, and decide on the claim. The court, however, may decide on the claim filed by a person other than the holder of the right to the claim, or that is being sought to hamper the investigation, without questioning.
- The court dismisses the claim if it is found that there is no reason for it, or decides whether to release or uphold the arrest or confinement of the suspect if it is found that there is a reason for the claim. If release is decided, the suspect will immediately be released. Should the court decide, however, to uphold the suspect??s arrest or confinement, the suspect or prosecutor cannot lodge an appeal against such decision of the court.
- A release decision may require payment of a deposit to guarantee the presence of the suspect. If payment of a deposit is required, the deposit should be paid before the suspect can be released.