Hello.
This is Lee Kyung-jun, the attorney at the Cheongchul Law Firm.

After completing the police investigation and sending the case to the prosecution, there are times when the prosecution may request additional investigation. At this point, many people worry, thinking, "I thought it was over, but are they investigating again?" or "What is going to happen now?" However, a request for additional investigation does not necessarily mean that the outcome will change unfavorably; it indicates that the prosecution has determined that further verification is needed beyond the current investigation.

Let's look into the meaning of a request for additional investigation and how the accused should respond.

1. What is a request for additional investigation?

A request for additional investigation refers to the procedure in which the prosecution, after reviewing the case records, directs the police to carry out additional investigation on parts where further verification is deemed necessary. In other words, the prosecution believes that the current investigation is insufficient to make a decision on whether to prosecute or not.

During this process, the prosecutor sends back the case to the police with a request for additional investigation detailing which aspects require further investigation and the reasons for needing it through the request for additional investigation form. Upon receiving the request, the police conduct the additional investigation as requested, and once completed, they send the case back to the prosecutor in the form of a 'notice of request for additional investigation.'

2. Main Reasons for the Prosecution to Request Additional Investigation

​a. When the police see a suspicion but the evidence is insufficient

Most reasons for the prosecutor to make a request for additional investigation arise when the police have transferred the case indicating that there are grounds for suspicion, but they find it difficult to determine the existence of suspicion based solely on the current evidence. In this case, the prosecution requests additional investigation with the implication of "Please verify this part again." In such cases, it may actually turn in favor of the accused.

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b. When inconsistencies or discrepancies in statements are found

While reviewing the investigation records, there may be instances where statements from related parties do not match, or there is a discrepancy between the statements of the involved parties and objective evidence.

For example, if there is an important witness whose statement is critical for proving the suspicion, but the actual CCTV footage conflicts with that statement, it is necessary to verify whether the witness made such a statement. In such cases, the prosecution issues a request for additional investigation to clarify the facts.

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c. Need for reinforcement to maintain the charges

When the case is transferred, the prosecutor assesses whether the case can be recognized as guilty when prosecuted.

Even if the transferred case may reasonably involve some suspicion from a broader perspective, there may be instances where evidence needed to secure a future conviction is lacking. Especially with testimonial evidence, which is likely to vary over time, it is essential to secure as much objective evidence as possible. This can often be overlooked during the police investigation stage. Therefore, the prosecution frequently requests additional investigation to solidify the evidence necessary for maintaining charges in future trials.

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d. When additional charges are discovered

Sometimes, while reviewing the transferred records, new charges may emerge beyond those initially submitted. Even when the points of suspicion are clear, if these are overlooked and the case is transferred, the prosecution may request the police to secure evidence regarding additional charges and add to the accusations. In this situation, the accused may face unfavorable outcomes if new charges are added after additional investigation.

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e. When the prosecutor deems detention investigation necessary

Additionally, while reviewing the case, the prosecution may find it inappropriate to conduct the investigation in a non-detention state despite the seriousness of the offense and may request a review for an arrest warrant application. This indicates that they intend to reinforce evidence supporting the accusation while considering detention investigation, which can lead to previously non-detained cases being conducted in a detained state. However, this scenario tends to represent a small fraction of cases requiring a request for additional investigation.

3. What does this mean for the accused?

A request for additional investigation can be a turning point that may lead to prosecution or transitioning to non-prosecution.

Therefore, from the accused's perspective, it is crucial to recognize that instead of thinking, "It’s already transferred, so it’s all over," this is precisely a significant moment to change the conclusion. During the additional investigation stage, it is essential to work with an attorney to ① reorganize the statements, ② prepare counterarguments regarding additional investigation matters, and ③ submit opinions and materials if necessary. If this response is carried out properly, there have been numerous cases where the case was not transferred at the police stage or received a disposition of no charges at the prosecution stage.

​On the other hand, if the request for additional investigation involves additional charges or considerations for detention, the situation may change unfavorably, transcending the simple issue of "it just takes more time." At this point, it is crucial to devise a response strategy with an expert.

4. In conclusion

A request for additional investigation is a procedure that the prosecution deems necessary for further verification. This can be a crisis as well as an opportunity for the accused. By providing sufficient materials at this stage, ensuring the consistency of statements, and presenting legally persuasive opinions, there are many instances where the conclusion can be altered to non-transfer or non-prosecution.

However, the result of the case can vary significantly depending on whether the content of the request for additional investigation pertains to simply reinforcing evidence or relates to additional charges or detention considerations. Therefore, if you receive a notice for a request for additional investigation, it is crucial to remember that this moment represents the last opportunity to alter the outcome, and that seeking expert assistance is necessary.

The Cheongchul Law Firm consists solely of attorneys from major law firms such as Kim & Chang, Bae, Kim & Lee, Lee & Ko, Shin & Kim, and Yulchon, as well as former prosecutors and legal professionals from large corporate legal teams, and provides legal consulting focused on achieving the client's goals through comprehensive solutions rather than addressing merely specific issues. If you need assistance in achieving your objectives, please do not hesitate to contact Cheongchul.