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If, during an investigation, you are told that a detention warrant has been requested and that you must appear in court, it is natural to panic. The procedure that follows is the pre-detention examination of the suspect, commonly called the warrant review hearing (영장실질심사). It is where the judge hears directly from the suspect before deciding whether to issue a detention warrant, and what you explain there can decide whether you are detained.

The problem is that there is very little time to prepare. This post explains, under the Criminal Procedure Act and the Criminal Procedure Rules, when and how the hearing takes place, what to check and prepare beforehand, and which actions actually increase the chance of detention.

[Table of Contents]

1. When and How the Detention Hearing Works – Why There Is So Little Time

2. First, Check the Alleged Facts in the Warrant Request Exactly

3. Decide Whether to Contest the Charge or the Grounds for Detention

4. Prepare Materials Showing No Risk of Flight or Destroying Evidence, and Your Ties to the Community

5. What You Must Never Do Before the Hearing

When and How the Detention Hearing Works – Why There Is So Little Time

Once a detention warrant is requested, the judge must examine the suspect in person. If the suspect has already been arrested, the judge must hold the examination without delay and, absent special circumstances, no later than the day after the warrant is requested. A suspect who has not been arrested is brought to court under a warrant for compulsory appearance and then examined (Article 201-2(1) and (2) of the Criminal Procedure Act). In that case, the hearing is set as soon as possible after the suspect is brought to court (Article 96-12(2) of the Criminal Procedure Rules). For an arrested suspect, the detention warrant itself must be requested within 48 hours of the arrest (Articles 200-2(5) and 200-4(1) of the Criminal Procedure Act), so the time between arrest and hearing is a few days at most.

Under the amended Criminal Procedure Act in force since October 2, 2026, there is one more step at the warrant stage. When the police apply for a detention warrant, the prosecutor files the request with the judge, and the prosecutor may interview the suspect to review the need for the warrant, in which case the prosecutor must allow the assistance of counsel, such as by having defense counsel present (Article 201(1), (7) and (8) of the same Act). This means your response at the warrant stage may begin with the prosecutor's interview, before the court hearing. For an overview of the amended criminal procedure, see Prosecutors' Office Abolished on October 2: How Criminal Cases Change (Korean).

The hearing is not open to the public (Article 96-14 of the Criminal Procedure Rules). The judge first informs the suspect of the gist of the alleged facts in the warrant request and advises that the suspect may refuse to make any statement and may state facts in their favor. To assess the risk of destroying evidence or fleeing, the judge may also ask about personal matters such as career, family and social relationships, and the prosecutor and defense counsel state their opinions after the examination (Article 96-16(1) to (3) of the same Rules). If the suspect has no defense counsel, the judge appoints one ex officio (Article 201-2(8) of the Criminal Procedure Act).

First, Check the Alleged Facts in the Warrant Request Exactly

Preparation starts with the detention warrant request. The alleged facts actually stated in the request may differ from what you assumed during the investigation, and only the request shows which grounds for detention the investigators relied on.

Defense counsel taking part in the hearing may inspect the warrant request submitted to the judge, together with the attached complaint or accusation, documents recording the suspect's statements, and documents the suspect submitted. The prosecutor may object to inspection on the ground that it could obstruct the investigation, but the warrant request itself is excluded from any such restriction (Article 96-21(1) and (2) of the Criminal Procedure Rules). Counsel may also meet the suspect before the hearing begins (Article 96-20(1) of the same Rules).

When reviewing the request, check one by one: ① which acts are described under which charges; ② whether facts such as dates, amounts and frequency match what actually happened; and ③ whether the grounds for detention are the risk of destroying evidence or the risk of flight, and on what basis. Only after this check can you decide the direction for the next step.

Decide Whether to Contest the Charge or the Grounds for Detention

Detention requires two things. There must be probable cause to suspect that the suspect committed the crime, and in addition the suspect must ① have no fixed residence, ② pose a risk of destroying evidence, or ③ have fled or pose a risk of flight (Article 201(1) and Article 70(1) of the Criminal Procedure Act). In other words, suspicion of a crime alone does not lead to detention. In reviewing the grounds for detention, the seriousness of the crime, the risk of reoffending, and the risk of harm to the victim and key witnesses are also taken into account (Article 70(2) and Article 209 of the same Act).

That is why you must decide on a direction before the hearing. If the facts themselves are different, you can argue that the showing supporting the charge is insufficient. If, on the other hand, you largely admit the charge, the usual approach is to focus on why detention is unnecessary — that the evidence has already been secured so there is no room to destroy it, and that there is no reason to flee. The two approaches require different materials and different things to say at the hearing.

This choice does not end at the warrant stage. The gist of the examination is recorded in a written record (Article 201-2(6) of the same Act), so what you say at the warrant review hearing carries over into the direction of the later investigation and trial.

Prepare Materials Showing No Risk of Flight or Destroying Evidence, and Your Ties to the Community

To contest the grounds for detention, documents are more persuasive than words. The judge asks about career and family precisely to assess the risk of flight or destroying evidence, so it is wise to have the following materials ready.

• Residence: a resident registration certificate, lease agreement and similar documents showing you have lived at a fixed address

• Job or livelihood: a certificate of employment, business registration, pay records and similar documents showing your life is based here

• Dependents: a family relations certificate and documents showing the circumstances of family members you support

• Cooperation with the investigation: how you have faithfully responded to summonses, and the fact that evidence has already been submitted or seized

• Restoration of damage: a settlement with the victim, or records of compensation or a deposit (handled through counsel)

Family members, cohabitants, employers and others may submit materials favorable to the suspect to the judge reviewing the warrant request (Article 96(3) of the Criminal Procedure Rules) and, with the judge's permission, may state their views on the case at the hearing (Article 96-16(6) of the same Rules). A petition from family or a confirmation letter from an employer can also show your ties to the community.

What You Must Never Do Before the Hearing

Conversely, the following actions can weigh against you when the judge assesses the need for detention.

Contacting people involved in the case – Contacting the victim, witnesses or accomplices directly easily raises suspicion that you are trying to align statements or persuade them. This can lead to a finding of risk of destroying evidence (Article 70(1), Item 2 of the Criminal Procedure Act) or risk of harm to the victim or key witnesses (Paragraph 2 of the same Article). Even if you mean to apologize or settle, do not make contact yourself; go through counsel. For the same reason, avoid deleting phone records or other materials.

Leaving your residence or cutting off contact – Suddenly moving or becoming unreachable may lead to a finding that you have no fixed residence or pose a risk of flight (Paragraph 1, Items 1 and 3 of the same Article). Responding faithfully to the hearing date and to contact from investigators is the basic rule.

Going in unprepared, thinking "I'll just tell the truth" – What you say at the hearing stays on record. The Supreme Court held that the record of a detention review (구속적부심) examination is admissible as a matter of course, as a document prepared under especially reliable circumstances, even if the defendant does not consent to its use as evidence. At the same time, it noted that a suspect may be tempted to confess, even falsely, in order to regain freedom (Supreme Court Decision 2003Do5693, January 16, 2004). Statements made at a court examination can thus carry weight at the later trial, so you should work out in advance what to say in line with the alleged facts and the direction you chose. The judge also advises you of the right to remain silent, and you may seek counsel's help even during the examination (Article 96-16(1) and (4) of the Criminal Procedure Rules).

Assuming "it's my first offense, so I'll be fine" – Having no criminal record is a favorable factor, but detention is decided by also looking at the seriousness of the crime, the risk of reoffending and the risk of harm to the victim (Article 70(2) of the Criminal Procedure Act). If the case is serious or there are signs of destroying evidence, even a first-time offender can be detained.

Even if a detention warrant is issued, the process does not end there. The suspect, defense counsel, family members, cohabitants, employers and others may request a review of the legality of detention, and the court must examine the suspect within 48 hours of receiving the request and decide whether to release them. The court may also order release on condition of posting bail (Article 214-2(1), (4) and (5) of the same Act). Still, the statements and materials from the warrant review hearing carry over into the later process, so preparing properly at the first stage matters most.

In short, if a detention warrant has been requested: ① check the alleged facts in the warrant request; ② decide whether to contest the charge or the grounds for detention; ③ gather materials showing your residence, job, family and cooperation with the investigation; and ④ avoid actions that heighten the need for detention, such as contacting people involved in the case or leaving your residence. Because the time before the hearing is short, set your response strategy with counsel as soon as you learn of the warrant request.

Cheongchul Law Firm directly handles criminal cases from start to finish, from warrant review hearings and detention reviews to the subsequent investigation 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.