[Contribution] How to defend yourself in the early stages of an investigation

The criminal case process is largely divided into the investigation stage and the trial stage based on the prosecutor's indictment. The investigation stage is further divided into before and after the case is transferred to the police, and progresses into the police stage and the prosecution stage.

In my practice, I often come across clients who come to see a lawyer only after they have already been investigated by the police. Although I consider it as a simple investigation, from a lawyer's perspective, there are many cases where the case has already reached a major turning point.

Because the trial begins with the prosecutor's indictment, the general public often overlooks the importance of early response to the investigation. But the reality is not like that. There are many cases where the outline and direction of the case are largely determined at the beginning of the investigation, especially at the police stage. Whether or not to admit the charges, what statement to make and how to make it, and the attitude and expression of each statement have a great impact on whether or not to be prosecuted and future defense strategies. In particular, if the statement is inconsistent or inconsistent, the credibility of the entire statement is bound to be shaken.

In fact, despite the fact that it was a similar case, there are quite a few cases that resulted in ‘no charges’ or ‘suspended indictment’ in cases where the facts were organized with legal assistance in the early stages, submission of opinions to the investigative agency, and continued consistent arguments were made. Conversely, if the suspect has been investigated alone several times and then belatedly hires a lawyer, the unfavorable statements have already been recorded and the room for defense is greatly reduced. In some cases, out of embarrassment, a person recklessly denies the charges, but later changes his stance and admits to the crime, thereby losing the important sentencing element of ‘cooperating with the investigation from the beginning.’

In this way, the initial response to the investigation is completely different from the perception that “all you have to do is undergo the investigation.” Once a statement is made, it cannot be easily taken back, and a single expression written in the record can have a significant impact on legal interpretation. Therefore, before participating in an investigation by an investigative agency, it is advisable to clearly organize your position and make a statement after receiving a sufficient explanation of the legal structure and issues of the case.

Therefore, there is a need to recognize that it is necessary to receive legal assistance before being investigated. The sooner you start your defense strategy, the better, and it is important to remember that the criminal process begins before the investigation, not after the indictment.

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[Contribution] Early stage of investigation, how to defend (Shortcut)