If you suddenly receive a notification that you are being sued by the police, anyone would naturally be taken aback. However, simply showing up at the police station without preparation is not necessarily the best option. The YouTube channel 'Legal Official' of the law firm Cheongchul advises that the first thing you should do when you are charged criminally is to make a ‘request for disclosure of the complaint.’ It is important to accurately understand what charges are being made against you and to develop a systematic defense strategy with your lawyer.

This post summarizes the key points from the video on how to request information disclosure, the necessity of hiring a lawyer, and whether the suspect's statement can be reviewed.

[Full Table of Contents]

1. When you receive a notification to appear for a police investigation, what should you do first?

2. How to apply for information disclosure and the time required

3. Advantages of applying through a lawyer (establishing a response strategy)

4. Can the other party (the complainant) see my statement record?

5. Assistance guide from Cheongchul’s criminal defense lawyers

1) When you receive a notification to appear for a police investigation, what should you do first?

If you are charged criminally, you will receive a notification from the police to appear for questioning. At this time, many people are flustered and show up without any preparation. The first thing you should do is request a disclosure of the complaint to specifically confirm what charges are being made against you. You need to know the details of the complaint the other side is claiming in order to exercise your right to defend yourself.

2) How to apply for information disclosure and the time required

So, how can you request a disclosure of the complaint? There are two main methods. You can either use the ‘National Information Disclosure Portal’ website or apply directly through the prosecutor's office or police station's civil service center. You just need to confirm the case number to make the request, and the results are typically notified within 10 days.

3) Advantages of applying through a lawyer (establishing a response strategy)

If you find it difficult or are afraid to make the request for information disclosure yourself, you are not necessarily required to apply personally. If you hire a lawyer, they can apply on your behalf through the information disclosure portal along with a power of attorney and verify the details.

Therefore, if you receive a notification to appear for questioning, it is recommended that you coordinate the appearance date and first request the information disclosure instead of rushing to appear. Carefully checking the disclosed complaint details with your lawyer, identifying the specific facts of the complaint, and then developing a response strategy will be much more advantageous.

4) Can the other party (the complainant) see my statement record?

While being questioned, you might worry, “What if the complainant sees my statement and contradicts it?” To conclude, principally, in an ongoing investigation, only your own statements can be viewed and copied. Even if they are the complainant, they can only view their complaint and statement record, while the suspect's (the accused person's) statement records are generally confidential during the investigation.

However, there are exceptional cases.

• If the investigation leads to prosecution and the case goes to trial, it may be included in the investigation record and be subject to review and copying requests.

• If no-prosecution disposition is issued by the prosecution, recent rulings suggest that even the suspect's statement records can be disclosed within the scope that does not infringe on personal privacy.

“The first police investigation determines the direction of the entire case.”

The importance of the initial investigation in a criminal case cannot be overstated. By understanding the complaint content in advance through a request for information disclosure and setting the direction of the statement with legal experts, you take the first step toward clearing unjust charges.

Cheongchul Law Firm accompanies clients from the early stages of the investigation and helps establish a meticulous defense strategy through complaint analysis. If you feel overwhelmed before appearing for a police investigation, don’t hesitate to reach out to Cheongchul Law Firm.

This post is intended to provide legal information and legal judgments may vary depending on specific circumstances.