Q
I am curious about the reasons for arrest warrant rejection.
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I'm looking into a few things before proceeding with corporate rehabilitation. I have a question about the rehabilitation plan. Looking into it, I now understand who submits it and what requirements must be met, but what requirements are needed for it to be approved? There's no detailed information on that, so I'm asking.
arrest warrant rejection
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作者: 박동일
Arrest warrant rejection is a decision where the court does not allow the warrant to be issued when it is determined that the necessity of arrest of the suspect has not been sufficiently proven, that is, when the risk of escape or destruction of evidence is judged to be low.
It is difficult to recognize the risk of escape when the suspect shows a sincere intention to comply with the investigative agency's request to appear or actually cooperates with the investigation schedule.
Also, the arrest warrant may be rejected when it is not clearly proven that there was a legitimate summons notice but they did not comply, or when the investigative agency immediately argues for the necessity of arrest without going through sufficient summons procedures.
As such, when an arrest warrant is rejected, the suspect is in principle investigated in a non-detention state, and the investigative agency responds by continuing the investigation through additional summons or re-requesting a warrant after supplementary investigation.
However, since the arrest warrant rejection decision itself is not subject to the prosecutor's appeal, the response in the subsequent investigation stage becomes practically more important.
Therefore, since the issuance of an arrest warrant is determined comprehensively considering specific circumstances such as the suspect's attendance attitude and the progress of the investigation rather than formal judgment, it is important to set the response direction carefully from the early stage.
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