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Commencement of criminal investigation
Interrogation of a suspect before detention
- If a law enforcement agency investigates a suspect and consequently comes to believe that there is reason to suspect that he/she indeed committed the crime and may escape or destroy the evidences, it may request for the issuance of a detention warrant from the court and may detain the suspect based on such detention warrant.
- Before a decision is made regarding whether to allow detention, the suspect shall be given an opportunity to air his/her side in the process of interrogation, and another opportunity to air his/her side before the judge. This is called interrogation of a suspect before detention.
- If a judge receives a request for the issuance of a detention warrant for a suspect arrested after the commission of the crime or caught red-handed committing the crime, the judge must, unless there is a valid reason to do otherwise, promptly question the suspect the day after the detention warrant is released. In the case of a detention warrant request made when the suspect had not yet been arrested, the judge must question the suspect at the soonest possible time after the latter??s arrest and presentation to the court.