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Many people panic when they receive a written summons from the police or a phone call asking them to come in for questioning. It is often the first time they learn they are under investigation. But receiving a summons does not mean punishment has been decided, and how you prepare from this point on can shape the direction of the investigation.

This post explains, under the Criminal Procedure Act and the Regulations on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigative Rules (the "Investigation Rules"), what not to do before you appear, three things to check, and how to reschedule and have a lawyer present.

[Table of Contents]

1. A Summons Does Not Mean Punishment Has Been Decided

2. What Not to Do Before You Appear

3. First, Find Out What the Complaint or Report Is About

4. Keeping Records and Setting Your Position: Why the First Record Matters

5. You Can Reschedule, and You Can Be Questioned with a Lawyer

A Summons Does Not Mean Punishment Has Been Decided

A judicial police officer may, when necessary for an investigation, request a suspect to appear and hear the suspect's statement (Article 200 of the Criminal Procedure Act). A summons is simply a procedure for investigators to hear your side; it does not mean the charge has been established or punishment decided. Still, what you say at the first interview becomes the starting point for the rest of the investigation, so it should not be taken lightly.

When summoning a suspect, the police must send a written summons that specifically states its purpose, including the gist of the alleged facts, although they may use a phone call or text message where, for example, a prompt summons is needed (Article 19(3) of the Investigation Rules). Before summoning, they must also consider alternatives to appearing in person, such as statements by mail, email or phone, and take care not to infringe the suspect's reputation or privacy (Paragraph 1, Items 1 and 2 of the same Article).

What Not to Do Before You Appear

Do not explain the case over the phone when you are summoned. The call is for setting the date and place. If an explanation given on the spot while flustered differs from the position you later settle on, you only create more to explain. Even when a summons is made by phone, the police must place an investigation report stating its purpose in the case file (Article 19(4) of the Investigation Rules), so the call is not unrelated to the record.

Do not contact the other party or people around you first. Even if you only mean to ask what happened or to apologize, contacting the complainant or a witness directly can raise suspicion that you are trying to align statements or persuade them. This can later be seen as a risk of destroying evidence when detention is considered (Article 201(1) and Article 70(1), Item 2 of the Criminal Procedure Act). If an apology or settlement is needed, it is safer to go through a lawyer. We also covered this in Detention Warrant Hearing: What Not to Do Beforehand.

Do not go in unprepared, thinking "I'll just tell it as it is." Even if the facts seem simple, if you are questioned without knowing which points are in dispute, it is easy to give definite answers even on matters you do not remember clearly.

First, Find Out What the Complaint or Report Is About

People are often told only to "come in for questioning on suspicion of such-and-such." But even for the same charge, what you need to prepare differs completely depending on when and what conduct is at issue. Check the gist of the alleged facts stated in the summons and, if that is not enough, ask the investigator in charge what the case is about so that you can pin down the date and the conduct.

You can also check the complaint. A suspect or defense counsel may, by explaining the need, apply to inspect and copy a complaint or accusation. The scope is limited to the part concerning the allegations against the suspect, and other people's personal information and documents attached to the complaint are excluded (Article 69(3) of the Investigation Rules). Inspection may also be restricted where there is a legitimate reason, such as a risk of infringing personal information or of destroying evidence (Paragraph 6 of the same Article).

Keeping Records and Setting Your Position: Why the First Record Matters

Second, do not delete records from the time; keep them. Messenger chats, call logs, payment records, location history and photos from the day in question are objective materials that support your account. Deleting them, even if they seem unfavorable, can raise suspicion of destroying evidence, so leave them as they are and back them up. Writing down what happened in chronological order before your memory fades also helps.

Third, decide in advance what you will admit and what you will dispute. Your answers depend on whether you deny the entire allegation or admit the facts but dispute intent or circumstances. Going in without a direction risks answering each question in a different way.

The record made at the first interview carries more weight than you might think. A suspect interrogation record prepared by the police can be used as evidence at trial only if the defendant admits its contents (Article 312(3) of the Criminal Procedure Act). However, the officer who conducted the interview may testify in court about what the defendant said, and that testimony can be admitted if it is proven that the statement was made under especially reliable circumstances (Article 316(1) of the same Act). Above all, investigators decide the direction of the investigation and whether to refer the case based on the interview, and if your statement later changes, the reason for the change becomes an issue in assessing credibility.

Before questioning begins, the police must inform you that you may refuse to make statements and that you may receive the assistance of counsel (Article 244-3(1) of the same Act). When the interview ends, you can read the record or have it read to you, and you may request additions or changes where it does not reflect what you said or differs from the facts (Article 244(2) of the same Act). Read it all the way through before signing and ask for corrections where needed.

You Can Reschedule, and You Can Be Questioned with a Lawyer

Being told a date does not mean you must appear on that day no matter what. To summon a suspect, the police must consult with the suspect, and with defense counsel if there is one, on the date, time and place of the interview (Article 19(2) of the Investigation Rules). They must also allow enough time so as not to disrupt the suspect's livelihood, and if the suspect asks to postpone, they must adjust the date unless there are special circumstances (Paragraph 1, Item 3 of the same Article). If you need time to prepare, explain why and reschedule.

However, if you avoid contact or fail to respond to summonses without a legitimate reason, an arrest warrant may be requested (Article 200-2(1) of the Criminal Procedure Act). Make it clear that rescheduling is for proper preparation, not for avoiding the interview.

A lawyer may take part in the interview. On application by the suspect or family members and others, the judicial police officer must allow defense counsel to participate in the questioning unless there is a legitimate reason not to (Article 243-2(1) of the same Act), and participating counsel may sit next to the suspect, give legal advice and take notes (Article 13(1) of the Investigation Rules). Counsel may object to improper questioning methods and, after the questioning, review the record and state an opinion (Article 243-2(3) of the Criminal Procedure Act; Article 14(1) and (3) of the Investigation Rules).

In short, if you receive a police summons: ① do not explain the case over the phone or contact the other party; ② find out what the complaint or report is about; ③ keep records from the time; ④ decide what you will admit and dispute; and ⑤ if needed, reschedule and attend the interview with a lawyer. Since the first interview is the starting point of the entire investigation, it is well worth taking time to prepare before you appear.

Cheongchul Law Firm directly handles criminal cases from start to finish, from preparing for and accompanying clients to police interviews to the procedures after referral and trial. If you need assistance, please contact us through consultation booking.

This post is written for the purpose of providing legal information and does not constitute legal advice on any specific matter. Since conclusions may differ depending on the facts of each case, please be sure to consult a professional.