

Q
I am to undergo a military police investigation; can I receive legal consultation within the military?
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I am very worried because I am to undergo a military police investigation in the military. I am curious about whether I can receive legal consultation within the unit at such a time. I am not sure whether a judge advocate can provide legal advice or whether I have to receive consultation through an outside attorney. I am curious about what kind of support I can receive in such a situation, so I would appreciate your advice.
Military police investigation
Military Criminal Act
Answer to Related Inquiry
Author: 박동일
Because a soldier involved in a military case is in a situation where going out is difficult, it may be difficult to receive legal support.
However, military criminal attorneys can directly visit the barracks and meet with such soldiers.
Through this, they can grasp the progress of the case and, based on expertise specialized in military cases, establish a favorable strategy for the future military police investigation and trial.
Because a military case may involve not only criminal punishment but also disciplinary action under the Military Personnel Management Act, if you are involved in a case, it is necessary to receive close legal consultation with an expert.
▶ Procedure for a military case
① Occurrence of the case : A criminal case arises through a criminal complaint, an accusation, or an investigative agency's own recognition
② Initial fact confirmation : The person undergoes a military police investigation, and if the charge is recognized, the case is referred to the military prosecution and the person undergoes a military prosecutor's investigation
③ Determination of the direction of handling : Based on the confirmed facts, the military prosecutor decides on indictment or non-prosecution
④ Criminal procedure/disciplinary procedure : If indicted, a military trial proceeds at the military court
Because military cases follow special rules and procedures unlike ordinary civil or criminal cases, it can be said that receiving an expert's advice is essential.
Please note that it is advantageous to find a solution through the assistance of a military criminal attorney who sets the direction of investigation statements in areas such as military discipline, the Military Criminal Act, state compensation, and the defense industry, and who provides close defense from the investigation to the conclusion.

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