[contents]

1. [Q&A] What is the real reason the prosecutor requests supplementary investigation?

2. [Opportunity] Could the result be overturned? (Possibility of non-prosecution)

3. [Crisis] In such cases, it could be rather dangerous (Possibility of detention)

4. [Response] Supplementary investigation requires a 'strategy', not just simple waiting

While waiting for the case to be handed over to the prosecution, did you unexpectedly receive a 'request for supplementary investigation'? You must feel confused and afraid at the thought of having to undergo police questioning again, which you thought was over. 

However, Cheongchul Law Firm tells you, "Supplementary investigation can be an opportunity or a crisis."

Today, Attorney Lee Kyung-jun of Cheongchul Law Firm, who has worked as a prosecutor for many years, will accurately clarify what this means through video.

1. What is the real reason the prosecutor requests supplementary investigation?

Just because a decision for supplementary investigation has been made, it doesn’t mean punishment is immediately confirmed. As Attorney Lee Kyung-jun explains in the video, the main reason is that it’s difficult to reach a conclusion (indictment/non-indictment) with only the current evidence.

When the prosecutor reviews the record and finds insufficient evidence to prove guilt, or conversely, determines that the verification of facts to clear the suspect's injustice is inadequate, they instruct the police to "investigate again and report back."

2. Could the result be overturned? (Possibility of non-prosecution)

Many people worry about this, but supplementary investigation can also be an opportunity for the suspect.

• Reversal of existing charges: You have time to present new evidence or assert facts that were not put forth during the police phase.

• Change in police judgment: If it can be sufficiently justified that there are no charges during the re-investigation process, the police may conclude the case with a 'non-prosecution (no charges)' decision.

This means that even if a case has already been forwarded, if you utilize this stage well, there is a possibility of changing the conclusion.

3. In such cases, it could be rather dangerous (Possibility of detention) 

However, don’t let your guard down. As noted in the video, there are certainly scenarios where it becomes a 'poison'.

• Detection of additional charges: If the prosecutor suspects that there are additional crimes apart from the original charges, they will request further investigation.

• Review of detention investigation: If the situation is serious and the instruction comes to "consider applying for a detention warrant,"

In such cases, if you respond carelessly, the penalties may actually increase or you could be detained, so it is crucial to understand the direction of the supplementary investigation.

4. Supplementary investigation requires a 'strategy', not just simple waiting

More important than the fact that a request for supplementary investigation has been made is what specifically the prosecutor is asking for.

The strategy of response must change completely depending on what additional information they asked for and which aspects need more questioning. At this stage, it is essential to have the help of a criminal law specialist who can analyze the prosecutor's investigative directives instead of struggling alone.

Cheongchul Law Firm uses its years of experience working with prosecutors and large law firms to help clients turn supplementary investigation into an ‘opportunity’ by understanding the intent of investigative agencies and constructing a meticulous defense strategy.

Do not miss the timing of the supplementary investigation request and respond together with Cheongchul Law Firm.